PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 66/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Daktar Mahar, Aged about 31 years,

S/O- DayanidhiMahar,

R/O-Gopalmal, Katardhua, PO-Budharaja, Ps-Ainthapali,

Dist-Sambalpur, Odisha.                                                             ……….......Complainant.

Vrs.

1. HDFC ERGO General Insurance Company Limited, IRDAI Reg. No. 146, CIN-U66030MH2007PLC177117, Registered & Corporate Office, 1^st Floor, HDFC House, 165/166, Backbary Reclamation, H.T. Parekh, Marg, Churchgate, Mumbai-400020.
2. HDFC ERGO General Insurance Co. Ltd.

At-Infront of LIC Office, Budharaja,

PO-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004                              ...…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. S. Mishra & Associates
2. For the O.P.s                       :- Sri. S. Mahapatra, Adv.

Date of Filing:21.02.2024,  Date of Hearing :06.08.2024,  Date of Judgement :17.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant insured his vehicle No. OD-17Z-1567 with the O.Ps vide policy NO. 230120588467-1500000 for the period 23.11.2023 to 22.11.2024. The E-vehicle was parked to PHD Ground, Ainthapali on 06.01.2024 at about 7.30 P.M. at Lok Mahostav 2024. The vehicle not started when the Complainant returned from Lok Mahostav at 9.30PM. When the dicky was opened the battery was not found. On 07.01.2024 I.I.C. Ainthapali PA was informed and station Diary No. 08/2024 was made. Rs. 49,958/- was claimed online on 07.01.2024 vide claim No. C 230023452172. The O.Ps denied the claim. Being aggrieved complaint was filed.
2. The O.Ps in reply submitted that the vehicle is in the name of Complainant and IDV is Rs. 96,720/-. Claim No. C230023452172 was made. The loss-assessor inspected the vehicle. The surveyor reported that “loss or damage to accessories burglary, house-breaking or theft unless the vehicle is stolen at the same time. Incident took place on 06.01.2024 at 7.30PM but reported on 07.01.2024 at 16:11 hour. There is no deficiency on the part of the O.Ps. The repudiation made is proper. The complaint is liable to be dismissed.
3. Perused the documents filed by both the parties. It is the admission of both the parties that policy No. 2301-2058-8467-1500-000 was issued by O.Ps for the period 23.11.2023 to 22.11.2024 for the vehicle No. OD-17Z-1567. The policy covers loss or damage to the insured vehicle caused due to burg lary, house-breaking or theft. The O.Ps received claim No. C-230023452172 from Complainant. The date of occurrence is 06.01.2024 and date of station diary is 07.01.2024 in Ainthapali police Station vide G.D. No. 008. The Complainant filed the estimated cost of battery as Rs. 49,958/-.

Perused the terms and conditions of the policy which covers loss of or damage to the vehicle “by burglary house-breaking and theft unless the vehicle is stolen at the same time”.

From the survey report dated 26.06.2024 it reveals that he surveyor remarked for close the claim as theft is partial.

The O.Ps repudiated the claim on 08.02.2024.

4. As per terms and conditions of the vehicle the insurer is liable when the vehicle is totally stolen and not in part. In the present case the battery of vehicle No. OD-17Z-1567 is only stolen and it is not covered under the policy terms and conditions. The O.Ps have rightly repudiated the claim.
5. When the repudiation of claim No. C-2300-2345-2172 is proper, liability can not be fixed against the O.Ps. Accordingly, the complaint is dismissed on contest against the O.Ps.

            No cost and compensation.

          Order   pronounced in the open court on 17^th Sept. 2024.

Supply free copies to the parties.