Orissa

Cuttak

CC/48/2020

Hemanta Kumar Swain - Complainant(s)

Versus

Branch Manager,Magma HDI General Insurance Company Ltd - Opp.Party(s)

R K Pattanaik

30 Nov 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

       C.C.No.48/2020

 

Sri Hemanta Kumar Swain,

S/O:Late Nath Swain,Plot No.5B/974,

Sector-9,CDA,PS:Markatnagar,Cuttack-753014      … Complainant.

 

                                                                Vrs.

1. The Branch Manager,

Magma HDI,General Insurance Company Ltd.,

A-1,Nirmal Plaza, IstFloor,Forest Park,

At/PO:Bhubaneswar-751d025,Dist:Khurda.

 

2. Regional Manager,MAGMA HDI,

General Insurance Co. Ltd,

Regd. Office-24 Park Street,Kolkata-700016.                ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     26.06.2020

Date of Order:    30.11.2022

 

For the complainants:          Mr.R.K.Pattnaik,Adv.& Associates.

For the O.Ps        :          Mr. A.A.Khan,Adv. & Associates.

 

Sri Debasish Nayak,President.    

          Case of the complainant as made out from the complaint petition in short is that the Hero Maestro Scooter bearing Regd. No.OD-05B-3483 of the complainant was stolen on 17.4.18 while it was parked at Nakhara Bazar area.  The said scooter of the complainant was insured vide policy no. P0018400007/4102/102544 and was effective on the date of its theft.  He had lodged FIR in this connection at the Sadar police station of Cuttack and had informed the Insurance Company(O.Ps) about the theft.  He had putforth his claim seeking reimbursement of the stolen scooter amounting to Rs.55,049/- but his claim was not settled by the O.Ps even though they had engaged Investigating Team for the said purpose.  After several pursuits when the claim was not settled the complainant had issued legal notice to the O.Ps and ultimately had filed this case claiming a sum of Rs.52,297/- towards the value of his scooter as per the insurance documents alongwith interest thereon @ 9% per annum till the total amount is quantified.  He has further claimed compensation towards his mental agony and harassment for a sum of Rs.50,000/- from the O.Ps together with cost of his litigation to the tune of Rs.2000/-.

                      The complainant has filed copies of several documents in order to establish his case.

2.       Both the O.Ps have contested this case and have filed their written version jointly.  According to the written version of the O.Ps, the case of the complainant being not maintainable is liable to be dismissed with cost.  The O.Psofcourse admit about the insurance coverage of the Hero Maestro Scooter of the complainant but according to them, the complainant had putforth his claim for insurance on 7.5.18 as it is so mentioned at para-13 of the written version.  This delay in lodging the claim after 25 days is questioned by the O.Ps through their written version.  According to the O.Ps, though the complainant was asked to submit the original keys of the said stolen Hero Maestro Scooter instead of submitting those he had sent legal notice to the O.Ps.  Thus, according to them the case of the complainant being not maintainable is liable to be rejected.

          The O.Ps together with their written version have filed several copies of documents including the terms and conditions of the insurance policy and copy of the FIR of the complainant etc.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Issue No.ii.

Out of the three issues, Issue no.ii being the most pertinent issue is taken up first for consideration here in this case.

Admittedly, the complainant had a Hero Maestro Scooter bearing Regd. No.OD-05B-3483 which was stolen from Nakhara market area on 12.4.18 which he had reported at Sadar P.S that day.  The said vehicle was insured which was effective at that time.  He had putforthhis insurance claim on 7.5.18.  As per the terms of the insurance policy, the complainant should have informed the O.Ps who are the insurers, about the theft of his Hero Maestro Scooter immediately after the theft. The O.Ps have raised the question of this 25 days delay in putforthing the claim for the stolen Hero Maestro Scooter of the complainant.  The complainant is found to be silent as regards to the unreasonable delay in putforthing his insurance claim.  It is also made out that the investigating team of the O.Ps when had asked the complainant to produce the original keys of the stolen Hero Maestro Scooter, he had not produced those rather, he had sent legal notice to the O.Ps.  The reason for non-submission of the original keys of the stolen Hero Maestro Scooter by the complainant and the reason thereby of non-cooperation with the Investigating Team of the O.Ps tilts our eye brows.  Thus, by not settling the insurance claim of the complainant which when made after a prolonged delay of 25 days which had remained un-explained and also when the complainant had not cooperated to the Investigating Team of the O.Ps; this Commission do not find any deficiency of service on the part of the O.Ps.

Issues no.i& iii.

From the discussions as made above, it can never be said here that the case as filed by the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 30^th day of   November,2022 under the seal and signature of this Commission.             

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                                Sri Sibananda Mohanty

                                                                                                                                               Member