Delhi

East Delhi

CC/1119/2014

PREM KR,JAIN - Complainant(s)

Versus

BAJAJ ALL. INS. - Opp.Party(s)

19 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1119/14

 

Shri Prem Kumar Jain

Proprietor of M/s Jain School Uniform

81, Vijay Block, Laxmi Nagar

Delhi – 110 092 &

R/o C-202, Nirman Vihar

Delhi – 110 092                                                                              ….Complainant

 

Vs.

 

1. Bajaj Allianz General Insurance Company Ltd.

Branch Office: 12^th Floor, Dr. Gopaldass Bhawan

28, Barakhamba Road, Connaught Place

New Delhi – 110 001

Through its Director/Manager/AR

 

2. Bajaj Allianz General Insurance Company Ltd.

Regd. & Head Office: GE Plaza

Airport Road, Yerwada, Pune – 411 006

Through its Director/Manager/AR

 

3. Bajaj Allianz General Insurance Company Ltd.

Branch Office: Block No. 4, 7^th Floor, DLF Towers

15, Shivaji Marg, New Delhi – 110 015

Through its Director/Manager/AR                                               ….Opponents

 

Date of Institution: 16.12.2015

Judgment Reserved on: 19.01.2017

Judgment Passed on: 23.01.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

This complaint has been filed by Shri Prem Kumar, the complainant against OP-1 Bajaj Allianz General Insurance Co. Ltd., OP-2 – Bajaj Allianz General Insurance Co. Ltd. and OP-3 - Bajaj Allianz General Insurance Co. Ltd. with the allegations of deficiency in services and unfair trade practices. 

2.        Facts in brief are that the complainant is a proprietor of a firm under name and style of “Jain School Uniform” and Toyoto Innova bearing registration no. DL7CG-5680 was insured in the name of the above said firm.  The said vehicle was insured with OP vide policy no. OG-14-1101-1801-00034538 with IDV of Rs. 7,00,000/- for a period from 25.12.2013 to 24.12.2014. 

            In the morning of 23.05.2014, the keys of the said vehicle were stolen and on the same day around at 21:15 hours, the vehicle was stolen from the house of the complainant.  FIR no. 312/2014 was registered with P.S. Preet Vihar on the same day i.e. 23.05.2014.  Untrace report was filed on 16.06.2014. OP was informed about the theft of the insured vehicle on 24.05.2014, but the claim for the same was rejected on the ground that the lockset was not changed and missing of the keys was not reported to the police authority. 

            Thus, the complainant has prayed for award of Rs. 7,00,000/- being the IDV of the insured vehicle, Rs. 2,00,000/- as compensation for mental agony and harassment and award of sum of Rs. 75,000/-. 

            Copy of the proposal form, certificate of insurance policy schedule, receipt dated 26.12.2013, FIR No. 312/14 dated 23.05.2014 under section 379 of IPC, untraced report and final report, letter from OP dated 26.05.2014 regarding appointment of investigator, letter from complainant to OP, another letter dated 05.07.2014 and rejection letter dated 26.06.2014 are annexed with the complaint. 

3.        OPs were served with the notice of the complaint and written statement was filed on behalf of OP-1,2,&3, where they took the plea that the complainant was not a consumer qua OP as the vehicle was insured in the name of commercial organization.  It was admitted that the said vehicle was insured with OP, but was pleaded that the complainant had violated condition no. 4 of the policy terms and conditions of taking reasonable steps to safeguard motor car from loss or damage.  Rest of the contents of the complaint were denied.  It was also stated that the complainant be directed to submit final untraced report, NOC and form no. 35 from financer, a subrogation letter in favour of OP, indemnity bond and the vehicle to be transferred in the name of OP before directing the OP to pay claim for the insured vehicle.

4.        Replication to the written statement of OPs was filed by the complainant, where the preliminary objection regarding the complainant being consumer was denied and it was stated that the complainant was the sole proprietor of M/s. Jain School Uniforms, the said vehicle was being used for private use by the complainant.  Contents of the complaint were reiterated and that of the WS were denied.

5.        Complainant examined Shri Prem Kumar Jain in support of his case where the contents of the complaint were reproduced and reliance was placed on Ex.CW1/1-policy papers, Ex/CW1/2-FIR and Ex.CW1/3-untrace report.

            OP examined Shri Ankit Jalan, Manager, claim on their behalf, who relied upon Ex.RW1/1-policy terms and conditions, Ex.RW1/2-copy of report submitted by investigator and Ex.RW1/3-repudiation letter. 

6.        We have heard the Ld. Counsel for the complainant and have perused the material placed on record.  It reveals that the complainant was prompt in informing the police authorities and OP regarding the theft of the insured vehicle as evident from Ex.CW1/2.  Further Ex.RW1/2-investigator report also concludes that insured vehicle theft case was genuine and the claim could be settled after filing of necessary pending documents.  The said report has not been challenged by either of the parties.  The repudiation of claim by OP on the ground that there was delay in informing the theft or to get the lockset changed cannot be taken on the face of it.  Therefore, based on the conclusion of investigator report, the present complaint is allowed. 

Hence, we direct the complainant to complete all the formalities as required by OP for the settlement of the claim within 15 days from the date of receipt of this order.  Thereafter, OP shall settle the claim of Rs. 7,00,000/- being the IDV of the insured vehicle within 15 days from the date of completion of all the formalities by the complainant.  We award Rs. 15,000/- as compensation for harassment and mental agony.  Rs. 5,000/- are also awarded as cost of litigation. 

Both the parties are directed to comply with the directions within time given by this Forum, failing which the awarded amount of Rs. 7,20,000/- will be payable with 9% interest p.a. from the date of filing till realisation. 

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President