Chandigarh

DF-II

CC/955/2021

Parvej Kumar Garg. - Complainant(s)

Versus

Bharti AXA General Insurance Company Ltd. , through its Authorized Signatory Address: 1st Floor, SCO - Opp.Party(s)

Adv. Sudhir Gupta and R.C. Gupta

03 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	955/2021
Date of Institution	:	16.12.2021
Date of Decision	:	03.07.2024

 

                                       

 

 

Parvej Kumar Garg son of Sh.Ved Parkash, resident of House No. 1480, Sector 42-B, Chandigarh

....Complainant

Versus

1.     Bharti AXA General Insurance Company Limited, through its Authorized Signatory Address: 1st Floor, SCO 350 351 352,, Sector 34A, Chandigarh 160034 Phone: 0172 430 4000

2nd Address:

Bharti AXA General Insurance Company Limited, Registered & Corporate Office: Unit No. 1902, 19th Floor, Prince Ccrescenzo, G Block, Bandra Kurla Complex, BMC Road, Bandra East, Mumbai- 400051, through its Claims Manager.

2.     ICICI Lombard General Insurance Company Limited, 4th floor, The Statement, Plot no.149, Industrial Area, next to Hometel Hotel, Chandigarh, 160002, through its Manager Claims.

....Opposite Parties

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Sh.R.C.Gupta, Counsel for complainant Sh.Sachin Gupta, Proxy Counsel for Sh.Sachin Ohri, Counsel for the OPs.

       

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.         The complainant has filed the present complaint pleading therein that he got insured his Innova Toyota 2014 vehicle with the OPs for the period from 27.09.2019 to 26.09.2021 for IDV of Rs.8,10,000/- (Annexure C-1). As ill luck would have it, on 10.09.2020, the said vehicle was stolen when the same was parked in front of his House No.1249, Sector 42-B, Chandigarh where he was residing as tenant. The intimation regarding the theft was given on the very next day i.e. 11.09.2020 to OP No.1 through e-mail.  When the complainant failed to locate the vehicle, FIR No.180 dated 19.09.2020 regarding the theft of the vehicle was also lodged with the Police Station Sector 36 Chandigarh (Annexure C-6) who submitted non-traceable certificate under Section 173 Cr.P.C. (Annexure C-7) and the said report was also accepted by the Learned JMIC vide order dated 28.07.2021 (Annexure C-8).  It has been averred that the complainant has submitted all the requisite documents to the OPs for release of the claim but the OPs were demanding more documents to delay the matter with ulterior motive. It has further been alleged that the OPs have threatened to close the claim as No Claim.  It has further been stated that OP No.1 was taken over by OP No.2.        Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to pay the IDV of the vehicle along with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.         In their written version, the OPs while admitting the factual matrix of the case have stated that FIR regarding the theft was lodged on 19.09.2020 i.e. after a delay of 9 days from the date of theft and as such there is violation of condition No.1 of the terms and conditions of the policy.  It has further been stated that the complainant has failed to submit the documents despite writing letters dated 01.07.2021 and 07.07.2021 and, therefore, the claim was closed as No Claim vide letter dated 14.07.2021. It has further been stated that the complainant has failed to safeguard his vehicle as per the terms and conditions of the policy and, therefore, the claim was rightly repudiated. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.         Parties filed their respective affidavits and documents in support of their case.
4.         The complainant filed replication to the written reply of the Opposite Parties and controverted their stand and reiterating his own.
5.         We have heard the Counsel for the contesting parties and have gone through the documents on record.
6.         From the perusal of the documentary evidence on record, it is observed that the vehicle, insured with the OPs, was stolen on the intervening night of 10/11.09.2020 during the existence of the insurance policy when the same was parked outside the premises of the complainant qua which the intimation was immediately given to the OPs vide email dated 11.09.2020 (Annexure C-5) and the police authorities vide whatapps message dated 11.09.2020 and even thereafter the complainant also lodged  FIR No.180 dated 19.09.2020 with the Police Station Sector 36 Chandigarh (Annexure C-6). It will not be out of place to mention here that the complainant has  submitted all the requisite documents i.e. Invoice of the vehicle, Forms No.26, 28, 29, 30 subrogation letter, bank statement, cancellation of lien/hypothecation of the vehicle certificate dated 29.10.2021 issued by Canara Bank, signatures of witnesses, adhar card, original keys, registration certificate, non-traceable certificate under Section 173 Cr.P.C. and the untraced report which was accepted by the Learned JMIC vide order dated 28.07.2021 etc. to the OPs but despite all this, the OPs instead of releasing the claim has preferred to close the claim as No Claim on the flimsy grounds that there was delay in lodging the FIR and  that the complainant has failed to submit the requisite documents.  In our considered view, since the complainant has submitted all the relevant documents to the company and even informed the Insurance Company immediately  after the theft of the vehicle vide email dated 11.09.2020 and the police authorities through whatsapp on 11.09.2020 and even thereafter he also lodged FIR dated 19.09.2020 with the concerned police station within a reasonable period and the police after thorough investigation of case has submitted the untraced report which has been duly accepted by the Learned JMIC and as such no prejudice has been caused to the Company and there is no violation of the terms and conditions of the policy as alleged.   Under these circumstances, we have no hesitation to come to the conclusion that the closure of the claim as No Claim by the OPs is not only unjustified but also illegal.
7.         In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to pay the IDV of the vehicle i.e. Rs.8,10,000/- along with interest @ 9% p.a. from the date of closure of the claim i.e. 14.07.2021 till its actual payment to the complainant.
8.           This order be complied with by the OPs within 60 days from the date of receipt of its certified copy, failing which the complainants shall be at liberty to get the order enforced through the indulgence of this Commission.
9.         The pending application(s) if any, stands disposed of accordingly.
10.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 03.07.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/-
	(B.M.SHARMA) MEMBER