DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -oo0oo-

C.C.CASE NO. 207/2011

M/s HRG Finance & Investment Consultants Pvt. Ltd.,

Represented through its Director,  Mr. Prakash Chand Bhura,

aged about 54 yeas, At plot No.777, Saheed Nagar,

PO/PS- Saheed Nagar,   Bhubaneswar, Dist – Khurda

….     Complainant             

-Vrs.-

1.       Bajaj Allianze  General  Insurance Company Ltd.

          1,  Janpath, 3^rd Floor, 2C

          Janpath, Sriya Square, Kharvel Nagar, Unit – 3,

          Bhubaneswar- 751001, Dist : Khurda, through its Manager

2.       Bajaj Allianze  General  Insurance Company Ltd.

          GE- Plaza Airport Road, Yerwada,

          Pune – 411006, through its Managing Director.

….     Opp. Parties 

For the complainant      :         Mr.K.C.Prusty (Adv.)

For the O.Ps                            :         Mr.Dev Das & Associates  (Adv.)

DATE OF FILING         :         20/07/2011

DATE OF ORDER        :         22/05/2023

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that,  the complainant is the registered owner of the motor cycle  bearing registration number OR-02-AB-3087. He insured the said motor cycle with the OP.1 and insured value of the motor cycle was Rs.20,750/-. The insurance was in force from 17/08/2009 to 16/08/2010.  On 29/05/2010, the  motor cycle in question,  was stolen from the parking place of Bhubaneswar Development Authority. The complainant’s agent went to the police station to lodge FIR but the police advised him to come after four days. The complainant immediately  intimated to the OP.1 about the theft of the motor cycle.  Finally FIR was registered on 25/06/2010. The  police investigated  into the matter and submitted final Form stating therein that, the fact is  true but no clue. The complainant lodged claim before the OP.1 but the OP.1  repudiated the claim on several grounds, such as,  actual date of loss is mysterious and there is inordinate delay in lodging of the FIR. Hence this complaint. 

3.       On the other hand,  the  OPs   filed written version stating therein that, the complainant is not a consumer within the meaning as defined in the C.P.Act. There was inordinate delay in lodging of FIR. The complainant failed to produce the keys of the motor cycle. The date of theft is shrouded with mystery. It is further alleged by to OPs that mere registration of FIR and submission of final Form,  does not entitle the complainant to get the claim. As the complaint bears  no merit,  it is liable to be dismissed with cost.  

4        Perused the materials on record.  No doubt,  the complainant is the registered owner  of the vehicle in question and the vehicle was insured with the OP.1. The fact of theft was intimated to the OP.1 on 01/06/2010 as is revealed from Annexure-4. So far as the registration of FIR is concerned, there is no doubt that, there is delay in registration of FIR. The complainant has taken the plea that, he had gone to the police several times but the police registered the FIR only on 25/06/2010. Thus, it is better understood than told that  the  lodging of FIR and registration thereof ,  is done at the whim of police people. Be that as it may, the final Form submitted by the police indicates that, the motor cycle in question was stolen but there was no clue.  The factum of theft was intimated to the OP.1 on 01/06/2010. Mere failure on the part of the complainant to provide the original key of the motor cycle to the OPs is not all that material from insurance point of view. The fact remains that the motor cycle was insured and it was  stolen. Hence the complaint bears merit. Accordingly,  it is ordered.

ORDER

The complaint is  allowed  on contest against the OPs.  The OPs are    jointly & severally liable to pay the  insured amount of the vehicle i.e. Rs.20,750/-  (Rupees twenty thousand seven hundred fifty) only to the complainant.  Besides, the OPs  are  further liable to pay  compensation of Rs. 5,000/-   (Rupees five thousand) only  towards mental agony suffered by the complainant and a  sum of Rs.1000/-  (Rupees one thousand) only towards litigation expenses.  The order be complied with by the OPs  jointly & severally  within a period of  thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OPs   in accordance with law.

The order is pronounced on this day the  22^nd  May,  2023  under the seal & signature of the President and Member (W) of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                                                                                                 

Transcribed by Smt. M.Kanungo, Sr.Steno