A consumer court in Noida has directed an insurance company to pay ₹1.05 lakh to an e-rickshaw driver whose vehicle was stolen after he was allegedly drugged by passengers, holding that the insurer wrongly rejected the claim citing delay in filing the FIR.
The District Consumer Disputes Redressal Commission ruled that the denial of the insurance claim amounted to deficiency in service and ordered the insurer to settle the claim along with litigation costs.
Driver drugged and robbed by passengers
The complainant, Mohammad Israr, had purchased the e-rickshaw for ₹1.05 lakh in February 2020 and insured it for one year.
According to the complaint, the incident occurred on July 6, 2020, when Israr was ferrying passengers between Sector 18 metro station and Baraula in Noida. During the ride, the passengers allegedly made him smell a handkerchief laced with chloroform, causing him to lose consciousness.
The accused then abandoned him on the roadside and fled with the e-rickshaw. A police officer later noticed him and informed his brother, who took him home.
Delay in FIR due to jurisdiction dispute
When Israr regained consciousness nearly 36 hours later, he approached the police to file a complaint. However, multiple police stations allegedly refused to register the FIR due to jurisdiction issues.
Officials from Sector 49 police station reportedly told him the incident occurred near Sector 20, while officers at other police stations also declined to register the complaint.
The FIR was eventually registered on July 16, 2020, after the intervention of a senior police officer.
Insurance claim rejected
Three days after the FIR was filed, Israr informed the insurance company about the theft. The insurer conducted an inspection and collected documents related to the case.
However, when Israr later approached the company to process his claim, he was informed that his file had been closed due to non-submission of documents. The insurer also cited a 10-day delay in lodging the FIR, claiming it violated policy conditions.
Following the rejection, Israr approached the consumer forum in April 2022 seeking directions for the insurer to honour the claim.
Consumer court rules in driver’s favour
After hearing both sides, the consumer commission held that the delay in filing the FIR had been sufficiently explained by the complainant.
The commission noted that the driver had faced difficulties in registering the FIR due to jurisdiction disputes between police stations and had later submitted the required documents.
Finding the insurance company guilty of deficiency in service, the commission ordered it to pay the insured amount of ₹1.05 lakh with 6% annual interest from April 2022, along with ₹5,000 as litigation costs, within 30 days.
The case highlights how procedural delays beyond the control of victims cannot be used as grounds by insurers to deny legitimate claims.
About the author – Ayesha Aayat is a law student and contributor covering cybercrime, online frauds, and digital safety concerns. Her writing aims to raise awareness about evolving cyber threats and legal responses.
