DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER  COMPLAINT  CASE NO. 04 OF 2016

Sanatan Parida (38 Years),

S/O: Late Jaya Krushna Parida,

R/O: Buromal (Budhapada),

PO/Dist- Jharsuguda, Pin- 768 201,Odisha…………………………………. Complainant.

                                           Versus 

1. Branch Manager,

National Insurance Company Ltd.,

At-Kalimandir Road, Jharsuguda,

PO/PS/Dist: Jharsuguda, Odisha.

2. Senior Divisional Manager,

National Insurance Company Ltd.,

Sambalpur Division Office, Nayapara, Sambalpur,

Dist: Sambalpur, Odisha………………………................................ Opp. Parties.

Counsel for the Parties:-

For the Complainant                         Shri P.K.Mishra, Adv. & Associates.

For the OPP. Parties                        Shri A.K.Mishra, Adv. & Associates.

Date of Order: 30.11.2016

Present

                                                                                       1. Shri S.L.Behera, President.

                                                                                       2. Shri S. K. Ojha, Member.

Shri S.L. Behera, President : -  The Consumer  complaint in brief is that the complainant, is the owner of INDIGO ECS LX TDI Car bearing Regn. No. OR-15S-0835, got insured his vehicle with the O.Ps. from dtd. 31.01.2013 to dt.30.01.2014, and the same was stolen by unknown persons while the said vehicle was going towards Cuttack from Jharsuguda ( Near at Banarpal ).  F.I.R was lodged before the Banarpal Police Station, in respect to the stolen insured vehicle. Banarpal Police registered FIR No. 201 dtd.03.07.2013 wherein the police submitted Final Report on dt.15.01.2014 that the report is true no Clue with the submission that on availability on clue the case will re-open.  The incident happened while the driver of complainant attending call of nature by parking the vehicle on the road side and in the mean time two unknown person came to vehicle and committed theft and also cell phone and key.  The complainant reported the matter to the O.Ps. where the O.Ps. appointed Surveyor.  The complainant claimed for insurance before the O.Ps. but the O.Ps. repudiated the claim and also the O.Ps. deducted two yearly premiums of Rs.11,000/- only each from the account of complainant.  The O.Ps. neither settled the claim nor returned the premium amount hence this case. 

2.         Being noticed by the Forum the O.Ps. appeared and filed their written version wherein it has been submitted that the complainant availed private Car Package Policy Insurance from the O.Ps. from Secunderabad.  The complainant has violated the policy conditions and not submitted the required documents with original key. After investigation it is found that the accused persons were travelling in the vehicle as a passengers at the time of theft and the driver left the vehicle with ignition key while attending call of nature.  On the above mentioned grounds the O.Ps. repudiated the claim of the complainant and denied of any deficiency in service, prayed for dismissal of case.

3.         Heard from the parties, perused the complaint petition, written version along with documents available in record. The O.Ps. not denied on the facts of insurance, validity of insurance and theft of vehicle rather O.Ps. repudiated the insurance claim on the ground of territorial jurisdiction and violation of policy conditions. Although the vehicle was insured from Secunderabad but there is branch office situated within the jurisdiction of this Forum hence as per the provisions of Consumer Protection Act, 1986 the complainant can also file complaint case within the jurisdiction of this Hon’ble Forum.  The O.Ps. have also admitted that the vehicle has been stolen by some unknown culprits as invested by Commercial Investigation Bureau, Kolkata and which is happened within the validity of policy period. The complainant also claimed for two numbers of yearly premiums which deducted from his account of Allahabad bank but failed to file any such documents to prove the same.

            However the vehicle stolen within the period of insurance and the reports of the said Commercial Investigation Bureau, Kolkata and the final report of the concerned police station of Banarpal are almost matching to each other, the entitlement of insurance claim cannot be fully brushed out hence we are in considered opinion to allow the complaint petition as follows. 

ORDER

            The  O.Ps. are  directed to settle the insurance claim of  complainant calculated on  non-standard basis (70% of the actual IDV of the vehicle) i.e Rs. 3,27,577/- (Rupees three lakh twenty seven thousand five hundred seventy seven) only along with pay a sum of Rs.5,000/- (Rupees five thousand) only to the complainant and also refund the said two numbers of yearly insurance premiums (if deducted from the account of the complainant) within 30(thirty) days from the date of receipt of this order, failing which the O.Ps. shall be liable for interest @ 10% per annum on above mentioned amounts till realization.

Accordingly the case is dispose of.

Order pronounced in the open court today on this the 30^th day of November, 2016, copy of this order shall be communicated to the parties as per Rule.

                                                                             I Agree,

                                                                         S.K.Ojha, Member        S.L.Behera, President

Dictated and corrected by me.

                                                                                              S. L. Behera, President.