DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PASCHIM MEDINIPUR.
Samiran Dutta, Ld. President
-and-
Sadananda Sarkar, Ld.Member.
-and-
Angshumati Nanda,Ld.Member.
Complaint Case No.C.C/42/2020
Prabir Kumar Pal S/o. Kanailal Pal
At- Surya Nagar, Habibpur
P.O.-P.S. - Midnapore
Dist. - Paschim Medinipur.
….……Complainant.
-Versus-
- Bajaj Allianz General Insurance Company Limited.
Bajaj Allianz House
Air Port Road, Yearwada, Pune-411006.
- The Claim Manager
Bajaj Allianz General Insurance Company Limited.
Eco Space, 3rd floor Block-3B
Plot No-11/F/11, New Town Rajarhat. Kolkata-700160.
- Manager
Bajaj Allianz General Insurance Company Limited.
At, Station Road, Midnapore
P.O.-P.S.- Midnapore
Dist- Paschim Midnapore.
.......................Opposite Parties.
Date of filing: -05.10.20 Date of disposal: -30.09.24
Order No.36
Contd……2
-2-
C.C. Case No. CC/42/2020
Final Order/Judgment
Samiran Dutta, Ld. President:-
The present petition of complaint U/S-12 of the CP. Act has been filed by the complt. Sri Prabir kr. Pal Wherein he has purchased a two Wheeler, Hero Honda passain being No. WB36B9683. The aforesaid vehicle was insured with Bajaj Allianz General Insurance Com. Ltd. vide policy NO. OG-20-9906-1802-00044898 which is issued on 07.05.2019 and the policy period was 10.05.2019 to 09.05.2020, against that policy the complt. paid policy premium Rs. 1,158/-.
On 28.05.2019 the above mentioned vehicle has been theft from the residence of the complt. Then and then the complt. lodged complain before the Kotwali Ps. vide case Nо 232/2019 dated 28.05.2019 but the said vehicle not yet been recovered.
On 24.07.2019 the complt. informed the fact of theft to the O.P has sent claim form and asked the Complt. to submit the documents in their letter dated 01.11.2019.
On 25.03.2020 the Complt. has submitted Claim form along with all required documents, to the O.P No. 2.
After that the O.P informed the complt. through mail that the claim has been closed due to delay intimation for 56 days.
No other alternative the Complt. issued demand notice through his Advocate. On 24.07.20, but in vain.
The Complt. made several attempt to solve the problem but O.Ps refused to do anything which compelled the Complt. filed the instance case against the O.Ps.
The O.Ps have appeared by filing vokalatnama and has contested the case by filing W.V. In their W.V the O.Ps denied all the material particulars contended inter-alia that this Complaint is not maintainable as the Complt. intimate the Insurance Company after lapse of 56 days without giving sufficient satisfactory explanation for delay. According to the policy condition, the insure should be inform about the theft to the Company immediately within 24 hours otherwise, valuable time would be lost in tracing the vehicle, the insurer can verify as to whether any theft had taken place and also to take immediate steps to get the vehicle traced. As such the claim made by the Complt. is not at all enable and same is liable to reject.
Decisions with reasons.-
We carefully read over the Complaint W.V, evidence, documents and B.N.A by both the Parties
Fact of the case is that complt has purchase a Hero Honda Passion two wheeler which was insured with the OP- Bajaj Allianz, General Insurance Company Ltd and that policy was effective from 10.05.2019 to 09.05.2020. On 28.5.2019 the said vehicle has been theft from the residence of the complt.
At the same day the complt lodged complain before the Kotwali P.S. being no.232/2019 but the said vehicle not yet been recovered. On 24.07.2019 the Complt informed the theft to the OP for that OP has sent claim form with some quiry.
For collection of necessary required document the complt takes some delay and on 25.03.2020 the complt has submitted the claim form along with required documents. For that delay the OP informed the complt through Email that the claim has been closed.
From the complaint petition we observed that the insurance policy vide no.OG-20-9906- 1802-00044898 issued on 07.05.2019 and policy period was 10.05.2019 to 09.05.2020. Complt paid Ro. 1, 158/- for policy premium to the op No.1.
From we w/v filed by the ops. that at the relevant time Insured's declare value (IDV) of the said vehicle was Rs. 16,532/-only and registration. of the vehicle was on 14.12.2011 and as such the vehicle was more than nine years old at the relevant time i.e the alleged theft and as per terms and condition of the policy there will be deduction of the 40% as depreciation over the insured by declared Value being Rs. 16,532/-From the interrogatories filed by the op (question No 5) we find that the complt admits that the insured declared value is Rs. 16,5321-by reply. In that interrogatories the op stated that the fact of the theft has intimated to the op after delay of 56 days from the occurrence.
Contd....3..
-3-
but it observed from reply that the FIR was made just on the date of incident i.e on 28.05.19 and the intimation was given to the RTA, Paschim Medinipur on 16.08.2019 by the complt and in the question of double key which was deposited to the investigator at the time of investigation.
In the facts and circumstances we do not observe any suppression of fact of the alleged theft. Inspite of that the ops have repudiated the genuine claim of the compt.
We have gone through consideration to the Submission of both sides, perused the available material, on record and the cited reference in the form of 2022 (1) 353 (S.c.) (From the NCDRC, New Delhi) Jains Construction Company- appellant V/s the Oriental Insurance Company Limited & Others - Respondents. In that Judgment, Repudiation of claim on the ground of delay in informing insurance Company regarding theft of vehicle but lodged FIR. That insurance Company cannot be repudiated the claim merely on the ground that there was delay of intimating the insurance Company about occurrence of theft and allowed the appeal and given direction to the insurance company to fulfill in condition of policy and pay Compensation to the complt.
As such the Complt is entitled to get benefit of the policy.
Hence it is
Ordered.
that the complain case be no. CC/42/20 be and the same is allowed on contest against the ops.
Ops are directed to make payment, the Insured declare value (IDV) of the alleged Vehicle at the relevant time i.e Rs. 16, 532/- to the Complt.
Ops, also pay Rs.100001-for Compensation and Rs. 5000/- for litigation cost. All such payment shall be made within a month from this date of order in default 9% interest shall carry over the said amount till realization.
Let a plain Copy of this order be given to the contesting parties tree of cost
Smt.A.Nanda) (Shri Sadananda Sarkar) (Samiran Dutta)
Ld. Member Ld. Member Ld.President District Commission
Paschim Medinipur
