PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                             CONSUMER COMPLAINT NO.75/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Abdul Mobin, Aged about 44 years,

S/O- Late Abdul Gani,

R/O-Station Para, Bamra, PS-Gobindpur, PO-Bamra

Dist-Sambalpur-768221, Odisha.                                       ………………......Complainant.

Vrs.

1. The Branch Manager,

Cholamandalam MS General Insurance Company Ltd.

Rourkela Branch Officer, 2^nd Floor, Choudhury Complex Panposh Road, Rourkela, PO-Rourkela, Dist-Sundargarh(Odisha)

(Now shifted to some other Address/Unknown Location)

2. The Branch Manager/Regional Manager

Cholamandalam MS General Insurance Company Ltd. 2^nd Floor, 45/46, Hotel Basera, Ashok Nagar, Janpath Road, Bhubaneswar-751009, Dist-Khurda, Odisha.

3. Shri Alok Pattnaik, Insurance Head

Cholamandalam MS General Insurance Company Ltd. A/167, Ground Floor, Shaheed Nagar, Near Sparsh Hospital, Bhubaneswar, Dist-Khurda, Odisha.

Email- Mr. V. Suryanarayanan, Managing Director,

Cholamandalam MS General Insurance Company Ltd.

5. Shri Suresh Krishnan, Senior Vice President and Chief Compliance Officer & Company Secretary, 2^nd Floor, Dare House No.2 NSC Bose Road, Chennai(India).
6. The Manager, Grievance Cell, Hari Nivas Tower, 1^st Floor, No. 163,

Thamba Chetty Street, Parrys Corner, Chennai(India)……......Opp.Parties

Counsels:-

1. For the Complainant         :- Adv. M.M.Ansari & Associates
2. For the O.P.s                       :- Sri. B.K. Purohit, Adv.

Date of Filing:22.05.2023,Date of Hearing :06.11.2023,Date of Judgement : 22.01.2024

  Presented by Sri. Sadananda Tripathy, MEMBER.

1. The case of the Complainant is that on dtd. 1.10.2019, the Complainant had purchased an insurance against one of his four wheeler vehicle upon payment of premium amount of Rs. 22,936/- for the coverage period beginning 01/10/2019 to midnight 30/09/2020. In the intervening night of 26.10.2019 and 27.10.20219, the aforesaid vehicle was stolen, following which incident, Gobindpur P.S Case No. 137 dated 27.10. 2019 U/s 379 was registered and investigation was set into motion. After intimating on dtd. 28.10.2019 about the theft to the Insurance company, the OP No. 3 who is the insurance head of the service provider company of Odisha visited the Complainant, conducted his investigation, verified the veracity of the incident to his satisfaction, collected all the original documents related to the insurance of the insured vehicle and extended assurance to the Complainant that the insurer will take every sincere steps to settle claim. During the investigation of the offence, one of the accused was ascertained and confessed and preliminary Charge sheet was submitted by the police and two of the accused person found to have involved in the crime were not apprehended since then and were declared absconder, the investigating officer continued his search and finally on 16.08.2021 approached the jurisdictional magistrate to issue NBW against the one of the absconding accused to compel his appearance in the Court during the trial. When the Complainant found the claim has ignored, the Complainant through his counsel on 28.04.2023 sent a legal notice to the Insurance company. Meanwhile after the receipt of the legal notice at the ends of the notices, a telephonic communication in the nature of fresh development on the question of releasing the claim amount against the insured theft vehicle took place on dtd. 7.5.2023 where in the OP No. 3 from the other side regretted for the inconvenience caused to the Complainant and the shortcoming at their end to process the claim of the Complainant and humbly requested the Complainant to send a copy of the legal notice dtd. 28.4.2023 to him for his perusal and necessary action. As per the communication dtd. 7.5.2023 made between the Complainant, the OP No. 3 and one Mr. Purohit, Regional Manager, Chola finance, Sambalpur, a copy of the said legal notice as requested was sent to the OP No. 3 under the intimation to the OP No. 4 through Registered Post with A.D on 8.5.2023 for their needful and the same has duly been acknowledged but no action whatsoever has taken to undo the wrong committed by the insurer and the insurance claim of the complainant still remain unaddressed. From the set of events narrated herein above, right from raising the claim and not take action to settle the claim very much points towards the unfair trade practice.
2. The Version of the OP No. 2 is that the Insurance Company received intimation on 28.10.2019 from the insured that the vehicle was stolen on 27.10.2019. The Insurance Company registered the claim and requested the insured to submit the documents vide letter dated. 15.09.2020, though it was being intimated over phone several times. But, the insured did not supply any document and absolutely did not respond to the request of the Insurance Company officials. Therefore, the officials of the Insurance Company closed the claim and it was intimated to the insured vide letter dtd. 4.11.2020. As per the complaint petition, the alleged occurrence took place in the intervening night of 26/27.10.2019 and the insured lodged claim on 28.10.2019. But this case has been filed in May, 2023, which is completely barred by limitation as provided under the CP Act. Moreover, the claim was closed by the Insurance Company to the insured vide letter datd 4.11.2020. The limitation goes away on 3.11.2022 and any filing of the case thereafter is not maintainable. Advocate’s notice during the month of April, 2023, will not survive the limitation, as by then the limitation period had already been passed. Hence, the case may be dismissed at the threshold. The case against the OP No. 2 is not maintainable in the eye of law and on the facts available on records. The present case is not a consumer dispute as per the provisions of CP Act. There was also never any deficiency in rendering services by the OP No. 2 so as to attract the provisions of the CP Act.

3. From the version and submission of the parties and from the documents it is observed that the Complainant through his counsel on 28.04.2023 sent a legal notice to the Insurance company and meanwhile after the receipt of the legal notice at the ends of the notices, a telephonic communication in the nature of fresh development on the question of releasing the claim amount against the insured theft vehicle took place on dtd. 7.5.2023 where in the OP No. 3 from the other side regretted for the inconvenience caused to the Complainant and the shortcoming at their end to process the claim of the Complainant and humbly requested the Complainant to send a copy of the legal notice dtd. 28.4.2023 to him for his perusal and necessary action. So the subsequent cause of action took place on April, 2023. Hence, the case is filed within limitation period. However, there was a valid insurance of the Complainant at the time of theft.

So, the Insurance Company i.e OPs are directed to pay insurance claim amount against the claim request raised towards the stolen insured vehicle, to pay Rs. 50,000/- for the damage, suffering and mental agony caused to the complainant for not releasing the insurance claim and Rs. 10,000/- towards litigation expenses within 30 days from the receipt of this order. In case of non payment the entire amount cover 7% interest P.A. till realisation.

Order pronounced in the open Court today on 22^th day of Jan, 2024.

Free copies of this order to the parties are supplied.