Like in the Netflix original, ‘Chopsticks’, a Bengaluru man lost his car after handing over its keys to a thief masquerading as a valet at a highway hotel.
While the movie protagonist managed to get her car back, the Bengaluru man wasn’t fortunate enough. The insurer denied Rs 6.3 lakh claim by the car owner, Adaikala Raj from Bharatinagar, & when he moved legally, a city consumer forum ruled his attitude was “careless” & undeserving of any monetary relief.
Raj bought a new car on Oct 31, 2014, availing a car loan from The Housing Development Finance Corporation Limited (HDFC) Bank, Ulsoor. He also took a year-long HDFC Ergo General Insurance for the vehicle after paying a premium of Rs 20,007.
But Raj’s happy moments with his new car lasted only 10 months. Out on a road trip to Rajanukunte on Aug 10, 2015, Raj & his friend halted around 10pm at Rachana Paradise on Doddaballapura Road.
As the 2 sat down at a table to dine, an unidentified man approached Raj, claiming to be the hotel’s parking valet. He told Raj his car had been parked in a haphazard manner outside the hotel & he would park it properly. Trusting the man, Raj gave him his car keys.
After his dinner, Raj stepped out & asked the hotel staff for the key, only to be told that they had no valet. Realising he had been tricked & robbed of his car, Raj frantically searched for the stolen vehicle & lodged a complaint with Rajanukunte police station the following day.
Raj then informed HDFC Ergo General Insurance on the car theft & submitted vehicle documents & First Information Report (FIR). However, the firm denied his claim amount of Rs 6.3 lakh for allegedly not taking care of the vehicle & easing the thief’s job. Raj contested the insurance firm’s verdict, stating he was regularly paying his Equated Monthly Installment (EMI) towards the car & the insurance premium & is rightfully eligible for the insurance money for his car, which had been established as stolen through a police probe.
Finally, on Oct 7, 2016, Raj lodged a complaint against HDFC Ergo General Insurance Company Ltd with the Bangalore Urban 2nd additional district consumer disputes redressal forum here. While he presented his case through his attorney, HDFC’s lawyer argued the complaint isn't maintainable by law & facts. The bank stated that Raj had delayed informing police about the car theft. Moreover, there was no valet service in the hotel where the incident took place & Raj had casually handed over the key without making enquiries. So the complainant alone is at fault for facilitating the theft, the bank lawyer argued.
The litigation lasted 2 years & 9 months, at the end of which the forum chided the complainant for not taking proper care of his car & aiding the theft. The forum said he had blindly handed over the car key to an unidentifed person & the insurer can’t be accused of deficiency of service for rejecting his claim.
The court dismissed the case on July 20, 2019, stating the complainant can’t claim any money for the car that he lost due to his irresponsible behaviour.
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