Orissa

Kendujhar

CC/59/2015

Krupasindhu Mahanta - Complainant(s)

Versus

1. ICICI Lombard General Insurance Co. Ltd. - Opp.Party(s)

Sri R.K. Pati & Associates

08 Mar 2017

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 59 OF 2015

 

    Krupasindhu Mahanta, aged about 38 years,

    S/o- Late Keshab Chandra Mahanta,

    Village- Podadiha, P.S- Sadar,

    Dist-Keonjhar ……………………………………………………………………..Complainant

                                     Vrs.

1. ICICI Lombard General Insurance Co. Ltd.

    Parida Market Complex, 2^nd Floor,

    Police High School Road, Keonjhar

2. ICICI Lombard General Insurance Co. Ltd.

    At- ICICI Lombard House, 414, Veer Savarkar Marg,

    Near Siddhi Vinayak Temple, Prabhadevi,

    Mumbai-400025………………………………………………………………..Opp. Parties

PRESENT:

  Shri Purushottam Samantara, President

  Smt. B. Giri, Member (W)

  Adv. for the Complainant - Sri R. K. Pati & Associates

  Advocate for OPs - Sri A.K. Pattnaik & R.R. Rana

_________________________________________________________________________________________  

Date of Filing - 18.12.2015                                                                                        Date of Order - 08.03.2017

SHRI PURUSHOTTAM SAMANTARA, PRESIDENT

1. In short, the complainant is the owner of ten wheeler truck bearing Regd. No.OR-09F-1337. The vehicle Insured by ICICI Lombard General Insurance Co. the Policy No.3003/5813/2507/00/300 being valid from dt.23.11.2009 to dt.22.11.2010.

2. It is stated, on dated 28.01.2010, the vehicle was stolen by some culprits. Reported the matter with the Police. The P.S. Case No.31/28.01.2010. The matter also intimated to the Insurer. Claim No. - MOTO 1426603 on dt.01.02.2010 RTO Keonjhar with proper document.

3. The complainant further stated, the Insurer did not settle the claim and repeatedly asking for one after one document respectively on 01.02.2010 and 31.05.2010 and lastly closed the claim on intimating the repudiation on dt.09.09.2015.

4. Prayed such action put the complainant under harassment & mental agony so direction be passed to make payment inter alia reliefs under the Consumer Protection Act, plead reliance on policy copy, R/C. FIR and reminder notice and affidavit.

5. Consequent upon notice, the OP made his written statement admitting the issuance of policy and validity but contested in contending that the FIR lodged date is discriminatorily suppressed. The intimation in the Police Station is 28.01.2010 and date intimating to the Insurance Company is 01.02.2010, more than 50 days delay not satisfactorily advanced. Above all letters consecutively sent on dt.31.05.10, dt.04.12.2011, dt.06.04.11 and lastly 27.07.2011 as not responded on the subject of violation of policy condition.  Coupled with most incredible fact is that due to the latches on the part of the complainant in non-submission of necessary document that failed in settlement of the claim. The theft claim investigation report conducted by S.K. Associates reiterates the Insurer has performed its duty meticulously and no deficiency of service to note. The case be dropped being devoid of merit.

6. We have heard arguments advanced at the bar and have perused the record.

7. On strict perusal of record on hand reveals, the truck bearing Regd. OR-09F-1337 holds Policy No.3003/58132507/00/300 being valid from 23.11.2009 to 22.11.2010 under a comprehensive policy.

8. The complainant’s pleadings para-3 advocates that the alleged occurrence of theft occurred on 28.01.2010 whereas occurrence tend to happen from 08.12.2009 as the FIR reads with.

9. Again, the occurrence as reported is coming under the purview of section 407/294/506/34/120 (B) of IPC, but no where it is admitted under 380/397/398 of IPC which is in ample evidence that the fact is suppressive, misrepresentation with intention.

10. Further observed the FIR content in its description admits and well founded that the alleged occurrence committed under IPC Section 407/294/506/34 and 120 (B) entirely precluded from nature of theft, that further confirms, the terms and conditions of the Insurance contract has been ruthlessly violated and teared apart in nurturing of ill-willed motive. Further strengthens, the complainant has not come with clean hands before this forum.

11. “In the case of United India Insurance Co. Ltd. VS Hurchand Rai Chandan Lal (2005 ACJ 570), the Hon’ble Supreme Court has held that terms and conditions of the contract have to be strictly construed and no variation can be made therefrom”.

12. The terms of the contract is binding to the both of the parties equally & parallely which can’t be set aside. As the relevant Policy clause reads: -

        The Commercial Package Policy witnessth: -

   1. The Company will indemnify the Insured against the loss or damage to the vehicle insured  hereunder.     

  (i)                x                x                 x                x                 x                 x

  (ii) By Burglary, house braking & Theft.

        The present complaint neither coming under the provision of the term burglary, house braking & theft,

         which attracts repudiation under the violation of policy terms and conditions.

        

     In the result we hold the petitioner has not come with clean hands which attracts repudiation as per the term, being devoid of merit same is hereby dismissed.  

 

Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced, 8^th March 2017.      

                                                                                                                                                                 

                   I agree                                                                                    

             (Smt. B. Giri)                                                                                      (Shri Purushottam Samantara)

            Member (W)                                                                                                         President                    

         DCDRF, Keonjhar                                                                                             DCDRF, Keonjhar                                                              

 

                                                                                 Dictated & Corrected by me

                                                                               (Shri Purushottam Samantara)

                                                                                          (President)

                                                                                     DCDRF, Keonjhar