Haryana

StateCommission

A/1193/2016

CHOLAMANDALAM MS GEN.INSURANCE CO. - Complainant(s)

Versus

AJIT SINGH - Opp.Party(s)

PUNIT JAIN

23 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

 

 

 

                                                          First Appeal No  :      1193 of 2016

Date of Institution:     13.12.2016

Date of Decision :      23.01.2017

 

 

 

 

Cholamandalam MS General Insurance Company Limited, Zonal Head, SCO 2463-2464, 1^st Floor, Sector 22-C, Chandigarh.

New Delhi Address: Pusa Road, Karol Bagh, New Delhi -110005

                                      Appellant-Opposite Party

 

Versus

 

 

Ajit Singh son of Nafe Singh, resident of Village Badli, Tehsil Bahadurgarh, District Jhajjar.

                                      Respondent-Complainant

 

 

 

 

 

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member  

                             Shri Diwan Singh Chauhan, Member

 

 

 

 

Argued:                Shri Punit Jain, Advocate for appellant

                            

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Cholamandalam MS General Insurance Company Limited-opposite party (for short, ‘Insurance Company’) is in appeal against the order dated September 16^th, 2016 passed by District Consumer Disputes Redressal Forum, Jhajjar (for short, ‘District Forum’) whereby complaint filed by Ajit Singh-complainant was allowed. Insurance Company was directed to pay Rs.4,17,750/- alongwith interest at the rate of 9% per annum from March 07^th, 2015, that is, the date of theft of truck bearing registration No.HR63B-7163, till realization and Rs.5500/- litigation expenses to the complainant.

2.      The truck was owned by the complainant was insured with the Insurance Company for the period November 16^th, 2014 to November 15^th, 2015. On the intervening night of March 06^th/07^th, 2015, the truck was stolen. The complainant lodged First Information Report No.87 dated March 07^th, 2015 with the Police Station Sadar, Bahadurgarh. The Insurance Company was also informed. The complainant filed claim with the Insurance Company. The Insurance Company repudiated the claim on the ground that the complainant did not provide second key of the truck. Aggrieved thereof, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Forum.

3.      It is not in dispute that the truck was stolen during the subsistence of the insurance policy. FIR was lodged on the same day.  Untrace Report (Exhibit P-6) was filed by the Police.  The ground of repudiation taken by the Insurance Company that the complainant did not provide second key of the truck is not acceptable at all in view of the fact that the Insurance Company did not lead any evidence to prove that the complainant left the ignition key in the truck due to which the truck was stolen.  In the matter of theft of vehicle, breach of conditions of policy is not germane.  The Insurance Company was liable to indemnify the owner of the truck when the insured had obtained comprehensive policy. The complainant cannot be deprived of the benefits of insurance.  Insurance Companies are denying the claims on technical pleas, even though the claims lodged with them are otherwise well founded. It is unfortunate that the insurer takes such a plea to defeat the genuine claim of the insured. The insurer should not rely upon technical pleas for the purpose of defeating legitimate claims of claimants.  Thus, the impugned order does not call for any interference. The appeal is dismissed being devoid of merits. 

5.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 23.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK