Consumer forum rejects Rs 14 lakh claim for truck theft

Rejecting a claim of Rs 14 lakhs for a stolen truck, a consumer forum here has ruled that just because a branch office of any organisation is located within the forum's jurisdiction, the claim cannot be lodged with it.
Thane District Consumer Disputes Redressal Forum president Umesh Jhawalikar and member N D Kadam rejected the claim by Bhiwandi-based transporter Jaykant Bhagawati Prasad Pandey, who had filed it with the Thane office of the New India Insurance company while he had taken the insurance policy from its Santacruz office.
In his claim, Pandey informed the forum that in 2009 his truck, proceeding from Mumbai to Mirzabad (UP) via Patna (Bihar), was waylaid by some persons at Ahiraira who allegedly dumped the driver after giving him tranquilisers and escaped with the truck.

Immediately after the theft, he lodged a claim with the insurance company which was rejected by it on the ground that the truck driver had given lift to three persons with an intention to earn money. Those three persons gave him tranquilisers and stole the truck.
This is clear violation of the contract of insurance and hence, the claim cannot be honoured, the insurance company stated while rejecting the claim.
Later, Pandey lodged the claim with the Thane District Consumer Disputes Redressal Forum and claimed an amount of Rs 14 lakhs - including Rs 10.95 lakh cost of the truck, Rs 1 lakh for mental sufferings, Rs 1.85 lakh towards interest and Rs 25,000 for legal expenses.

The claimant had made Thane office of the company as the respondent but had neither included the head office nor the Santacruz branch office where he had taken the policy.
Rejecting the claim earlier this week, the forum took recourse to two earlier rulings and said in its order that simply because the branch office is situated in the jurisdiction of the consumer forum, the claim cannot be lodged with it.