BEFORE THE HON’BLE CHAIRMAN PERMANENT LOK ADALAT GURGAON.

APPLICATION NO………OF 2018

IN THE MATTER OF-:

KD CITY SELECTION Proprietorship of

Mr. Dinesh Kumar S/o. Sh. Ram kumar,

R/o. Sector 1,IMT Manesar, Gurgaon. ………Applicant

V/S

Bajaj Allianz General Insurance Company Ltd.

Block no 4, 7th Floor, DLF Tower,

15, Shivaji Marg, New Delhi- 110015

Contact no : 01166278000

Fax No : 01166278043 …………Opposite Party

APPLICATION UNDER SECTION 22(C)OF LEGAL SERVICES AUTHORITY ACT

1987.

MOST RESPECTFULLY SHOWETH

1. That Applicant is sole owner of a garment and cosmetic shop named “KD CITY

SELECTION “situated at shop no B-12, sec 1 IMT Manesar, Applicant is running the

said shop from more than 2 years, carpet area of the shop is about 18 x 12 Ft,

Applicant deals in readymade garments of Gents, ladies, kids wear, cosmetics and

mobile accessories are traded from the same shop.

2. That Applicant got the said shop insured from the Opposite Party on 28/10/2016

and paid a amount of 10,278 /- via receipt no 1155-00031120.

3. That Applicant operates the shop from 9:00 AM to 10:30 PM everyday, on the date

of 2/06/2017 Applicant has closed down the shop at 10:30 PM and at that time

there was no problem observed after that Applicant went to his home. As per

Applicant for the sake of safety power supply was always kept on and 1 or 2 light

were kept on during night.

4. That Applicant received a phone call from the police that smoke is coming from his

said shop, which was earlier reported by a vegetable vendor. Applicant received this

phone call in the morning of 3/06/2017 at 4:30 AM then Applicant rushed to the

said shop and saw that fumes were coming out of the said shop, with the help of

police men Applicant opened the lock of the shutter of the said shop, the shop was

full of smoke, By then fire brigade also reached at the fire spot which was already

informed by the police, By the help of 2 fire brigade vehicles fire was overtaken, but

by then most of the stuff of shop was already burned and whatever was left over

was spoiled due to water and fumes.

5. That due to this fire there was a huge loss and all of records and bills were burned ,

afterwards Applicant have provided the Opposite Party copy of buying bills which

were taken from the vendors on request, Applicant files FIR and the copy of same

has been provided to the Opposite Party.

6. That Applicant was told by the Opposite Party not to remove any article from the

burned down shop, So Applicant waited for seven months and paid rent and

electricity bills for these 7 month without any business, which is again lose of

Rs.150000/- as rent and additional Rs.20000 for electricity bill of said shop. Now

Applicant is not in a situation to pay the rent of shop and electricity bills from his

pocket, So the left over articles which were burned, wet and got blackish are sold

by Applicant in Rs 20 thousand only.

 7. That due to this fire hazard around Rs.34 lakhs were lost by Applicant. Applicant

has not taken any loan from any bank and most of this business was in Cash

transaction, the above said shop was on rent other then this shop Applicant does

not have any other shop.

8. That Applicant the Applicant is a consumer under the consumer protection Act,

1986 and is constrained to file the present Application against the opposite parties

for its various acts of unfair trade practices and deficiencies in services.

9. That the Opposite Party is an general insurance company into insurance business

having one of his office at Block no 4, 7th Floor, DLF Tower,15, Shivaji Marg, New

Delhi- 110015 Contact no : 01166278000 Fax No : 01166278043

10. That Applicant used to earn his livelihood by the mean of the said shop only.

11. That it seems that Opposite Party is indulging in unfair business practice in total
violation of settled principles of law and ethics, Opposite Party has been provided
POLICE REPORT,FIRE BRIGADE REPORT AND ALL RELATED BILLS timely still
Applicant was asked to keep burnt dawn stuff with him Applicant was forced to pay
rent and electricity bills for 7 more month.

12. That in the given facts and circumstances, Applicant has lost all confidence in
services of the Opposite Party as the Opposite Party is indulging in unfair trade
practice.

13. That thereafter to sort out the matter amicably Applicant has written several emails

and phone calls to Opposite Party but was of no avail as the Opposite Party is not

coming forward to sort out the matter, despite the fact that Applicant has having the

insurance policy of the Opposite Party such acts of the Opposite party are unjustified

and uncalled for and it depicts purely deficiency in services.

14. That the acts of opposite Party in not making the payment of the of damage caused

is an act of deficiency in service, and it seems that the Opposite Part wants to retract

from the terms and conditions of the insurance policy wherein the Opposite Party is

bound to pay the damage charges incurred by the Applicant due to Fire hazard.

15. That the Applicant has made all the endeavors to communicate with the Opposite

Party thorough every possible means but was of no avail as the Opposite party was

not coming forward to sort out the matter amicably, thereafter after losing all hopes

of settlement the Applicant issued a Legal notice dated 01/02/2018 through his

counsel upon the Opposite Party, but the Opposite Party did not bother to reply the

said notice or make the payment of the even due amount. Copy of the Legal Notice

alongwith Postal receipt is attached.

16. That the Applicant maintains that the opposite parties is liable to pay to the Applicant
the following amounts

(a) Total bills Rs.3141906/-

(B) Shop rent and electricity bill paid for 7 month Rs.170000/-

(b) Compensation for mental agony Pain and litigation Expenses. Rs.200000/-

(C) Litigation expenses Rs.10000/-

Grand Total Rs. 3521906/-

Alongwith interest @ 24% Pendent elite & future

17. That the cause of action firstly arose on 03.06.2017 when the Applicant shop brunt

dawn, even though Opposite Party was informed timely but the Opposite Party has

not made any payment of and the cause of action again arose on during several

emails and phone calls again on 01/02/2018 when the Applicant issued legal notice

to the Opposite Party to make the balance payment but the Opposite Party failed to

reply to the legal notice, thus the cause of action is accruing on each and every day
 as the Opposite party is not coming forward to discharge its legal obligation to make

the payment.

18. That this Hon’ble forum has the jurisdiction to entertain the present Application as

the opposite party carries on its business and it has office which situates within the

jurisdiction of this Hon’ble Forum; hence this Hon’ble Forum has the Jurisdiction to

entertain the present Application.

19. Thaft the Application has not filed any other Application in any other Forum and is

obliged to file this Application for reasons of obduracy of opposite party in being

unable to satisfy the Applicant and for being unable to remove the deficiency of

services.

20. That the copies of the documents being filed with this petition of Application are true

of their originals.

PRAYER

It is, therefore, respectfully prayed that this Hon’ble Forum may kindly be pleased to award

the claimed amounts as mentioned in Para 16 hereinabove to the Application on account of

acute deficiency in service rendered by the Opposite party.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL PRAY.

APPLICANT

THROUGH

[INDIAN LAW PARTNERS]

DATED: ADVOCATES
                                       T – 23/7, DLF CITY, PHASE - III
  GURGAON
 BEFORE THE HON’BLE CHAIRMAN PERMANENT LOK ADALAT GURGAON.
APPLICATION NO………OF 2018

IN THE MATTE OF-

KD CITY SELECTION Proprietorship of

Mr. Dinesh Kumar S/o. Sh. Ram kumar,

………APPLICANT

V/S

Bajaj Allianz General Insurance Company Ltd.

………Opposite Party

AFFIDAVIT

I, (KD CITY SELECTION Proprietorship of) Dinesh Kumar S/o. Sh. Ram kumar,R/o.

Sector 1,IMT Manesar, Gurgaon, do hereby solemnly affirm and declare as under:

1) That I am the Applicant in the aforesaid matter and being well conversant with

the facts and circumstances of same, I am competent to swear this affidavit.

2) That the accompanying Application under section 12 of the Consumer Protection

Act, 1986 has been drafted by the counsel under my instructions and the

contents of the same are true and correct to my knowledge. The contents of the

said Application may be read as part and parcel of this affidavit as the same are

not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at New Delhi on this day of March, 2018, that the contents of the

above affidavit are true and correct to my knowledge, no part of it is false and nothing

has been concealed therefrom.

DEPONENT
 BEFORE THE HON’BLE CHAIRMAN PERMANENT LOK ADALAT GURGAON.

APPLICATION NO………OF 2018

IN THE MATTE OF:

KD CITY SELECTION Proprietorship of

Mr. Dinesh Kumar S/o. Sh. Ram kumar

……….APPLICANT

V/S

Bajaj Allianz General Insurance Company Ltd.

…………Opposite Party

INDEX

S. No. PARTICULARS PAGE Nos.

1) Application under section 22(C) of Legal Services Authority Act 1987

2) Annexure A
Copy of the Insurance Policy

3) Annexure B
Copy of the invoice & Bills
4) Annexure C
Copy of the Emails

5) Annexure D
Copy of the Legal Notice &Postal Receipts

6) Annexure E
Vakalatnama

APPLICANT

THROUGH

[INDIAN LAW PARTNERS]

DATED: ADVOCATES
                                       T – 23/7, DLF CITY, PHAS- III
  GURGAON
 BEFORE THE HON’BLE CHAIRMAN PERMANENT LOK ADALAT GURGAON.
APPLICATION NO………OF 2018

IN THE MATTER OF-:

KD CITY SELECTION Proprietorship of

Mr. Dinesh Kumar S/o. Sh. Ram kumar,

R/o. Sector 1,IMT Manesar, Gurgaon. ………Applicant

V/S

Bajaj Allianz General Insurance Company Ltd.

Block no 4, 7th Floor, DLF Tower,

15, Shivaji Marg, New Delhi- 110015

Contact no : 01166278000

Fax No : 01166278043 …………Opposite Party

. PETITIONER/DECREE HOLDER

THROUGH:

[INDIAN LAW PARTNERS]

ADVOCATES

GURGAON T – 23/7, DLF CITY, PHASE – II

DATED: __. 03.2018