Delhi

East Delhi

CC/242/2015

SHIVANI - Complainant(s)

Versus

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

03 Nov 2017

ORDER

            DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT of Delhi

              CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092  

 

                                                                                                   Consumer complaint no.-     242 /2015

                                                                                                   Date of Institution               23/04/2015

                                                                                                   Order reserved on               03/11/2017        

                                                                                                   Date of Order                       06/11/2017                                                                                     

 

In matter of

Mrs. Shivani Chauhan, adult   

W/o  Sh Bharat Chauhan     

Old Address- R/o- 381/5, Indra Colony

Sonipat, Haryana

 

New Address-

Mrs Shivany Chauhan

W/o  Sh Bharat Chauhan     

R/o- 381/5, Indra Colony

Nr. Electricity Office, Sonipat, 131001, Haryana…………...…………….Complainant

                                                                     Vs

1-The Motor Head Claim

Bajaj Allience General Insurance Co. Ltd. 

Plot no. 1, DLF Industrial Area,  

Moti Nagar, New Delhi 110015

 

2- The Managing Director,

Bajaj Allience General Insurance Co. Ltd. 

RO.- GE Plaza, Airport Road, Pune – 411006……………………………………Opponents  

 

 

Quorum    Sh Sukhdev  Singh       President

                    Dr P N Tiwari                Member

                    Mrs Harpreet Kaur      Member                                                                                              

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case …

 

Complainant purchased second hand Volkswagon Passat car 2008 model vide registration no. DL3AY6839 from earlier owner (Md Renu Sehgal) and had valid private car insurance policy (Ex. CW1/1) from 02/07/2012 to 01/07/2013. Complainant/Ms Shivani Chauhan got RC in her name through RTO (Ex CW1/2) and after getting RC in her name, she approached OP1 for car insurance.

OP after on the spot verification (Ex CW1/3) on 21/02/2013, insurance premium was paid in cash a sum of Rs 25465/-and IDV was declared for Rs 13,21,358/-and a policy was issued by OP1 vide policy no. OG-139906-1801-00039240 having tenure from 21/02/2013 5.57.00 hours to 20/02/2014 midnight (Ex CW1/3, 3A).

It was stated that said car was stolen from her old residence (J-54, East Vinod Nagar, Kalyan Puri, Delhi) on 27/04/2013. Immediately Police and OP1 were informed. FIR was registered under Section 379 IPC (Ex CW1/5) and OP1 generated claim vide claim no. OC-14-1101-1801-00001860. OP1 appointed surveyor and after completing investigation and collecting required papers of the car and two original keys, report was submitted with OP1 on 27/06/2013 (Ex CW1/6). OP1 sent a query letter dated 23/07/2013 (Ex CW1/9) which was replied accordingly (Ex CW1/10). Complainant sent a reminder to OPs for claim status (Ex CW1/10A), but OP1 rejected her claim on non disclosure of previous policy details to OP1 with reason that complainant had two valid private car policies when damage occurred, so no claim was payable (Ex CW1/11).

Police had completed all investigation and through court, complainant got un-traced report (Ex CW1/7) and final court order on 26/06/2013 (Ex CW1/7, 8 & 8A).

Complainant filed her case before Insurance Ombudsman (Ex CW1/12) on 25/09/2013 and her case rejected on the rejection grounds taken by OP1 (Ex CW1/13 & 13A) and adviced to file case before any competent Forum for her grievances, if she desire so. Thereafter she filed this complaint and claimed IDV value of her car a sum of Rs 13 21 358/-with 18% and compensation of Rs 50,000/-for mental harassment.  

Notices were served. OP submitted their reply on behalf of OP 1 & 2. OP denied all the facts of complaint on the ground of non disclosure of material facts. OP stated that the present complainant was not maintainable for having no contractual relation with the complainant under two valid car policies as loss occurred under the validity of both the policy. More so, complainant had filed Appeal rather filing complaint before this Forum for the order passed by the ombudsman in ref. to DEL-Misc.-G-005-1314-0165/303/13 and this Forum has no jurisdiction to entertain the complaint.    

As far as, claim under policy bearing no. OG-139906-1801-00039240 in question, complainant was not entitled for any claim in reference to GR24 clause of Motor Vehicle Act and complainant had not disclosed actual value of his car which was purchased for 7 Lakh, but IDV was declared to Rs.13,21,358/-. So, claim was repudiated on the ground of non disclosure of correct facts as having car policy earlier with Reliance General Insurance Co. (Ex OPW1/A) when she took a new policy from present OP.  It was also stated that complainant had lodged FIR earlier also for theft of her Skoda Laura car on 18/03/2013. Thus the conduct of complainant was not genuine and not entitled for any relief.  

Complainant filed her rejoinder and evidences on affidavit and she reaffirmed on oath that all facts and evidences were correct and on record.  OP submitted their evidences through Mr Dushyant Meena working as Legal Officer with OP. It was stated on affidavit that all their contents in written statement with evidence were correct and complainant had intentionally hidden about her previous owner car policy details pertaining to Reliance General Insurance Co. and complainant had quoted high IDV before OP whereas complainant had purchased her car for a sum of 7 lakh. So it was stated that all the terms and conditions of contract which were done in good faith were void. So claim was rightly rejected by OP.  

Arguments were heard from complainant and OP counsel and after perusal of records, order was reserved.  

By going through all the facts and evidence on record and both the policies, it has been noted that complainant had taken her new policy from present OP and had not claimed any amount from this policy. As far as previous policy pertaining to Reliance is concerned, present complainant has no privity of contract with Reliance as there was different owner in Reliance policy besides OP has raised other issues as FIR was lodged by complainant for her Skoda car without any concrete evidence and also stated on affidavit that present car was purchased for 7 lakh, but neither complainant had produced receipt of Rs 7 lakh or Rs 13 lakh nor OP had produced any such evidences and under these circumstances. It was also seen that complainant had not reverted for the evidence of OP for filing previous insurance car policy document issued from Reliance General Insurance Co. This proves that complainant had hidden this fact before the present insurer/OP and also not before this Forum for her grievances. Hence we cannot say that submission of OP had any deficiency in their service.   

It is clear that OP had conducted on the spot verification before issuing the policy which is must for issuing of policy, so OP after submission of report by their agent issued policy after taking premium. It is also evident that theft had occurred and FIR under 379 IPC was registered and after untraced report, claim was lodged. OP had appointed surveyor though no such report was on record. So, in such case we cannot presume the actual loss / IDV was payable by OP.

As surveyor report is not on record, so will consider 75%  IDV of car in question. Thus, OP shall remit 75% IDV of the car in 45 days, but no other order to cost.  

 

The copy of this order be sent to the parties as per Section 18 of the Consumer Protection Regulations, 2005 (in short CPR) and file be consigned to the Record Room under Section 20(1) of the CPR.  

 

 (Dr) P N Tiwari – Member                                                                  Mrs Harpreet Kaur – Member                        

                                       

                                                     Mr Sukhdev Singh - President