Haryana

StateCommission

A/82/2016

SHRIRAM GEN.INSURANCE CO. - Complainant(s)

Versus

DHARMENDER SINGH - Opp.Party(s)

V.K.ARYA

19 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :         82 of 2016

Date of Institution:      27.01.2016

Date of Decision :        19.02.2016

 

Shriram General Insurance Company Limited, E-8, EPIP RIICO, Industrial Area Sitapura, Jaipur (Rajasthan)-302022, through Ankur Joshi, Branch Manager, Shriram General Insurance Company Limited, SCO No.178, Sector 38, Chandigarh.

                                      Appellant/Opposite Party No.2

Versus

 

1.      Dharmender Singh son of Sh. Dheer Singh, resident of Village Beri, Tehsil Beri, District Jhajjar.

                                      Respondent/Complainant

 

2.      Master Insurance & Finance Service, through its Dealing Hand/Manager, Opposite SBI Bank, Jhajjar, Near Hero Honda Agency, Rohtak Road, Jhajjar-124103 (Haryana).

…….Respondent-Opposite Party No.1

  

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

 

Present:               Shri Vinod Arya, Advocate for appellant.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

The instant appeal filed by Shriram General Insurance Company Limited-opposite party No.2 (for short, ‘Insurance Company’) calls in question the correctness of the order dated November 26^th, 2015, passed by District Consumer Disputes Redressal Forum, Jhajjar (for short ‘the District Forum’) in Complaint No.223 of 2013. For facilitation, the operative part of the order is reproduced as under:-

“…..Therefore, we allow the complaint of complainant and direct the respondent No.2 to make the payment of insured amount of vehicle under policy No.215034/31/12/00438 to the complainant subject to transfer of RC and subrogration letter in the name of respondent No.2 Insurance Company by the complainant.  The complainant is also entitled for a sum of Rs.5500/- on account of litigation expenses for the present unwanted and unwarranted, litigation only due to the deficiency in service on the part of the respondent No.2.  The complaint stands disposed of accordingly.”

 

2.      Dharmender-complainant got his motorcycle No.HR-26M-9461, insured with Insurance Company for the period April 05^th, 2011 to April 04^th, 2012. The Insured Declared Value (IDV) was Rs.56,000/-. The motorcycle was stolen on March 31^st, 2012. F.I.R. No.99 dated April 01^st, 2012 (Exhibit P-5) was lodged in Police Station, Beri. The Insurance Company was also informed. The complainant filed claim with the Insurance Company but the same was not settled. Hence, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.  

3.      The Insurance Company in its reply pleaded that there was delay of one day in lodging the F.I.R and the complainant left the vehicle unattended and violated the condition No.5 of the insurance policy. 

4.      Indisputably, the vehicle was stolen on March 31^st, 2012 and FIR was lodged on the next very day of the incident, that is, April 01^st, 2012.  The Investigator appointed by the Insurance Company in his report has merely stated that the complainant has parked his vehicle at an unauthorized and unattended parking, which has no admissibility under any law.  Thus, there was no delay in lodging of FIR and violation of Condition No.5 of the insurance policy.  One needs to see the merits and good spirit of the clause, without compromising on bad claims.

5.      In view of the above, the Insurance Company is liable to indemnify the loss suffered by the complainant. No case for interference in the impugned order is made out.

6.      Hence, the appeal is dismissed being devoid of merits.

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent/complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 19.02.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

 

 

 

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