DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 353/2019
D.No._______________________ Dated: ________________
IN THE MATTER OF:
HABIB NABI KHAN,
S/o LATE SH. MINHAJ NABI KHAN,
R/o H. No.-1344, GALI No.44,
JAFRABAD, DELHI-110053.… COMPLAINANT
Versus
BAJAJ ALLIANZ GENE. INS. Co. LTD.,
12th FLOOR, DR. GOPALDASS BHAWAN,
28, BARAKHAMBA ROAD, CONNAUGHT PLACE,
NEW DELHI-110001.
ALSO AT: BAJAJ ALLIANZ GENE. INS. Co. LTD.,
GE PLAZA, AIRPORT ROAD,
YERWADA, PUNE-411006.
ALSO AT: 201-201-A, 2nd FLOOR,
ITL TWIN TOWER, NETAJI SUBHASH PLACE,
PITAM PURA, DELHI-110034. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 30.04.2019
Date of decision:06.01.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 therebyallegingthat the complainant is registered owner of a 2 wheeler Scooter i.e.
CC No.353/2019 Page 1 of 8
TVS Jupiter make TVS Motor Co. bearing Registration no. DL-14-SF-9562, chassis no.MD626BG45F3G29252 & engine no.BG4FF2035971 and got the vehicle was insured with OP vide insurance cover note bearing policy no. OG-19-1101-1802-00002997 valid from 07.07.2018 to 06.07.2019 (mid-night) and the IDV of Rs.30,000/-. The complainant further alleged that the complainant did not receive any policy with terms & conditions as OP did not issue at the time of insuring the vehicle till date and it is to be noted that “Insurance not for further business but for indemnification of losses and the said vehicle make TVS Jupiter having manufacturing year-2005 was having chassis no.3G29252, engine no.2035971 was unfortunately stolen on 17.08.2018 from the jurisdiction of P.S. Jafrabad, Delhi. Thereafter, as soon as the complainant came to know about theft of the vehicle, immediately informed the local police through e-complaint dated 17.08.2018 and OP and case e-FIR no.028992 was registered u/s 379 IPC against unknown person and the matter was investigated by the police and the vehicle was not traced/recovered by the police and the untraced report was filed by SHO E-PS MV before Ld. MM and accepted by Court vide order dated 18.09.2018 and the complainant also intimated to the RTO as well as manufacturer about the theft of the TVS Scooter and the complainant also lodged Motor Claim with OP vide Motor claim no. 33863724OC-19-1101-1802-00002230 and
CC No.353/2019 Page 2 of 8
provided the necessary documents as directed from time to time and co-operated with officials/surveyors/investigator of OP in all respect and the investigator namely Triple P Associates appointed and assured the complainant that claim amount has to be passed and given to the complainant within 3 months from the date of claim but the matter was put off and on for one reason or the other and assured that the cheque of the claim shall be given soon. The complainant further alleged that the complainant in the mean-time received a letter dated 2012-2017 (wrongly written year) from the investigator appointed by OP further required documents from the complainant despite the complainant has provided all the mentioned documents to the investigator and the complainant met with the claim manager of OP and showed all the required documents and an additional copy also supplied and further requested him to pass suitable claim in time but no avail and further submitted that neither investigator nor claim manager has issued any received acknowledgement about documents and taking advantage of the same and terming it as the alleged violation of policy condition and mis-representation by the complainant and on the ground of mis-guiding by the complainant and the total claim was not passed due to non-submissionof the documents or that the ground of rejection is without any basis and is in violation of policy of insurance and the same is not binding upon the complainant and the complainant is entitled for the claim in respect
CC No.353/2019 Page 3 of 8
of his stolen vehicle and rejection of his claim is baseless. The complainant further alleged that the complainant personally visited and met with the investigator and the claim manager so many times but no result, the complainant has till date been making unsuccessful attempts for the redressal of his grievance but despite running from pillar to post and the complainant has not been able to achieve anything and the same has caused great mental tension pain, agony, harassment, inconvenience and loss to the complainant which clearly shows the deficiency in service on the part of OP.
2. On these allegations the complainant filed the complaint praying for direction to OP to pay/refund the IDV of the vehicle of Rs.30,000/- alongwith interest @ 12 % p.a. from the date of filing of the claim till payment or alternative passed claim assessed as per investigator/ surveyor report, to direct to OP to file investigator report of the vehicle in question as well as compensation of Rs.1,50,000/- for causing mental, physical pain, agony and harassment and has also sought Rs.25,000/- as cost of litigation.
3. OP has been contesting the case and filed written statement and submitted that the complainant did not submit the documents required for processing the claim hence the same was closed by the competent authority of OP and the claim of the complainant has not been rejected but it was closed for non-co-operation of the complainant. OP further submitted that the complainant has been
CC No.353/2019 Page 4 of 8
filed with malafide intention of extorting more money from OP and in fact the complainant has deliberately not submitted all the required documents so that he can claim more amount by way of compensation and cost and the malafide intention of the complainant is apparent from his claim of Rs.1,50,000/- as compensation and Rs.25,000/- as cost in matter where value of the subject matter i.e. IDV of the stolen vehicle is just Rs.30,000/-. OP further submitted that as soon as the intimation of the loss was received, OP deputed Triple P Associates (Investigators) to investigate the claim and during the course of the investigations, the said investigator wrote letter dated 20.12.2018 (wrongly and inadvertently dated as 20.12.2017) to the complainant to submit the documents as vehicle particulars from the RTO, RTO intimation letter regarding theft of the vehicle, Final/Court certified untraced report, Letter to manufacturer, Letter to NCRB, last user driving license and cancel cheque and the investigator Triple P Associates submitted the report dated 09.01.2019 wherein they reported that many of the documents such as RTO intimation and RC particulars were not submitted by the complainant and after submission of the investigation report OP wrote letters dated 11.01.2019 & 23.01.2019 to the complainant asking for the documents as Court accepted untraced report, Form 28/29/30 (3 copies each duly signed), Letter of indemnity and subrogation on Rs.500/- stamp paper each duly notarize & singed, RC particulars, acknowledged
CC No.353/2019 Page 5 of 8
letter to RTO for keeping vehicle particulars in safe custody and the vehicle last service bill. OP further submitted that the complainant failed to respond and when no response was given by the complainant to the aforesaid letters, the competent authority of OP was constrained to close the claim due to non-co-operation of the complainant and he was intimated about the same by letter dated 30.01.2019 and from the aforesaid, it is clear that there was no lapse on the part of OP.
4. The complainant did not file rejoinder.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record copy of Two Wheeler Package Policy Schedule issued by OP, copy of R.C., copy of FIR, copy of order dated 18.09.2018 passed by ACMM, Shahdara District, Karkardooma Courts, Delhi, copy of RTO intimation, copy of Letter to Manufacture, copy of vehicle particulars issued by Transport Department, GNCT of Delhi, and copy of repudiation letter dated 20.12.2017.
6. On the other hand,Sh. Shyama Charan Vats, ManagerLegal of OP filed his affidavit in evidence which is on the basis of the reply of OP. OP also filed copy of Two Wheeler Package Policy Schedule, copy of Two Wheeler Package Policy alongwith terms & conditions, copy of Private & Confidential (Final) investigation report issued by Triple P Associates (Investigator) and copies of repudiation
CC No.353/2019 Page 6 of 8
letters/reminder/Final reminders dated 11.01.2019, 23.01.2019 & 30.01.2019. OP has also filed written arguments.
7. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record by the parties. The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. On the other hand, there seems no merits in the defence of OP. OP has not disputed the insurance policy in respect of the vehicle of the complainant and IDV of Rs.30,000/-. OP has also not disputed the factum of theft of the vehicle. It is hard to believe that the complainant will not provide the required documents to the investigator of OP. Thus, the exclusion clause is not attracted and OP ought not to have closed the claim of the complainant. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
8. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.30,000/- being the IDV of the vehicle and the complainant to execute transfer papers in the name of OP.
ii) To pay to the complainant an amount of Rs.25,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.8,000/- as cost of litigation.
CC No.353/2019 Page 7 of 8
9. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 6thday of January, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
UPLOADED BY : SATYENDRA JEET
