DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA

                                          RBT/Consumer Complaint No.396/2018

                                                Date of institution: 18.06.2018

                                                Date of Decision:18.05.2022

Inderpal Singh Chhabra son of Sh. Mahan Singh Chhabra, Deputy Director Health (Retd.) resident of 99-A, Model Town, Extn. Ludhiana

Daljit Kaur Chhabra, wife of Sh. Inderpal Singh Chhabra, Professor (Retd.) resident of 99-A, Model Town Extn. Ludhiana  

….Complainants

Versus

1. Bajaj Allianz, General Insurance Company Limited, office of GE Plaza, Airport Road, Yerwada, Pune -411006 (India) through its authorized person/signatory
2. Bajaj Allianz General Insurance Company Limited, office of SCO 146-147, 6^th Floor, Feroz Gandhi Market, Ludhiana, through its authorized person/signatory    

……..Opposite Parties

Complaint under Consumer Protection Act.

Quorum:   Shri Ranjit Singh, President.

                        Mrs. Ranvir Kaur, Member

Present:     Sh.K.M. Sethi, Advocate, for complainant  

Sh. G.S. Kalyan, Advocate, for OPs

Order dictated by Sh. Ranjit Singh, President,

 Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, received by way of transfer from District Consumer Disputes Redressal Commission, Ludhiana, by the complainants against the Opposite Parties on the ground that the complainant got medical insurance and burgalary insurance policy for the period from 07.09.2017 to 24.10.2017. Home Burgalary Insurance of Rs.1,00,000/- in both the insurance policies i.e. total amount is Rs.2,00,000/-. Both the complainants left for Canada on 06.09.2017. The complainants got telephonic message from neighbors and president of the area on 19.10.2017 that your house was burgalared and they informed the police and the police party inspectedour house and videographed the event. The complainants reached Ludhiana on 25.10.2017 morning. Meanwhile, we informed the Bajaj Allianz about the burgalary and ask them to sent the detail which require for the claim and copy of the reply from the insurance. The Ops never passed the claim of the complainants and started asking us one thing and other which we have already sent them. They started asking for repair bills and bills of the clothes etc, which was not possible. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

1. To pay an amount of Rs.2,00,000/- to the complainant as insurance claim  
2. To pay compensation an amount of Rs.1.00,000/- on account of mental suffering, harassment and torture along with interest @ 18% per annum till the final payment 

2. In reply, the OPs No.1 & 2 has taken various objections; that the complainant is not maintainable; that the complainants have not come to this Commission with clean hands; that the complainants have concealed the material facts from this Hon’ble Commission. On merits, it is stated that on receipt of the claim intimation, the opposite party immediately deputed Mr. JP Singh, Investigator, M/s Cross Check Consultations, 24, Rarewale Market, PO Miller Ganj, Ludhiana, to investigate the claim of the complainants. The said investigator submitted his detailed report dated 5.3.2018 to the OP/company, vide which, he stated that “in my opinion, keeping in view all fact and finding theft has been taken place and now the inspection has been done after four monthsthe repair has already been done. Insurance confirmed of not having the bills of any repair/replaced articles available with him.  Rest of the allegations leveled by the complainant has denied by the answering OPs. 
3. In support of his evidence, the learned counsel for the complainant has tendered certain documents. On the other hand, the learned counsel for the OPs has also tendered various documents in the shape of evidence.
4. We have heard the learned counsel for the parties and have gone through the record of the file, carefully and minutely. 
5. It is admitted fact that the complainants had purchased medical and burgalary insurance policy for a sum of Rs.1,00,000/- each. General Diary Detail is on the file, which proves that house of the complainant was burgalared. In support of his claim, the complainant has placed on record the insurance policy Ex.C2. After receiving the information, the Ops company depute the investigator and the said investigator also admitted the fact regarding burgalary of the house of the complainant in his detailed report. Now the Ops company denied the payment of the claim amount just on frivolous ground. The Hon’ble Supreme Court of India, in case titled as National Insurance Company Vs Nitin Khandelwal, decided on 8.5.2008 held that insurance company cannot reject the claim on frivolous grounds and on the grounds of breach of contract and insurance company is liable to pay the claim even if there is breach of condition. In the present case, there is no breach of condition as the terms and conditions of the policy. There is no mention of providing of any type of bills to the insurance company. So, the insurance company is liable to pay the claim of the complainant. It is important to mention here that Why didn't the insurance company ask for a bill before insuring from the complainant?. The insurance company is liable to the limit of payment of Rs.1,00,000/- in both the insurance policies as the house of the complainant was burgalared and doors were broke and clothes were broken so the complainant has to replace the said doors and clothes in order to live in the house safely and investigators also taken video on the said chogaths etc. In the ordinary course of life as a prudent man or as a layman never in his ordinary way of life keeps such type of bills in his custody.  

10. In view of the discussion made above, present complaint is allowed against opposite parties and directed to pay Rs.1,00,000/-  per policy with interest @ 7% P.A from the date of repudiation of the claim till its payment to the complainants alongwith Rs.25,000/- for harassment and Rs.11,000/- as litigation expenses. This order is directed to be complied with within a period of thirty days from the date of receipt of copy of this order. Free certified copies of this order be sent to the parties, as per rules. The files be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the record room.

Announced

May 18, 2022

              (Ranvir Kaur)                                                                        (Ranjit Singh)

                 Member                                                                               President

CC No.396 of 2018

Sh. GS Kalyan, Adv. For OPs

                Arguments completed. Vide our separate detailed order of today, the complaint stands allowed. Free certified copies of this order be sent to the parties, as per rules. The files be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the record room.

May,18 2022

(Ranjit Singh)

(Ranvir Kaur)