Chandigarh

DF-I

CC/686/2019

Shreenath A. Khemka - Complainant(s)

Versus

Go Digit General Insurance Ltd. - Opp.Party(s)

Shreenath A. Khemka

12 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                          

Consumer Complaint No.	:	CC/686/2019
Date of Institution	:	09/07/2019
Date of Decision	:	12/02/2020

 

 

1. Shreenath A. Khemka, aged, 24 years s/o Dr. Ashok Khemka, r/o 1370, Sector 19B, Chandigarh 160019.
2. Ganesh Khemka, aged 22 years s/o Dr. Ashok Khemka (brother of complainant No.1) r/o 1370, Sector 19-B, Chandigarh 160019.

… Complainants

V E R S U S

Go Digit General Insurance Ltd., through its Vice President and Authorised Signatory, o/o Atlantis, 95, 4B Cross Road, Kormangla Industrial Layout, 5 Block, Bengaluru, Karnataka 560095.

… Opposite Party

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                     

         

ARGUED BY	:	Complainant No.1 in person and as counsel for complainant No.2
	:	Sh. Sumer Singh Brar, Counsel for OP

 

Per Rattan Singh Thakur, President

1.      In short the allegations are, complainants on 11.6.2019 for a foreign travel to South Africa had purchased Digit On-The-Move Policy via internet from the OP. Their case is, the service promised under the coverage of the insurance policy was trip abandonment, financial emergency cash if money is stolen and emergency cash is needed and loss of baggage and personal belongings. Complainants further case is, they proceeded to South Africa as per planned itinerary on 14.6.2019. On the morning of 15.6.2019 in the Central Business District of Johannesburg at 11:00 a.m. the complainants were attacked by a group of 5-6 persons while they were walking on the road and had robbed wallet, debit card, credit card, driver’s licence, iPhone7 and Timex wrist watch and the total value of the items was Rs.54,000/-. The complainants rushed to JHB Central Police Station and registered a complaint and the South African police assigned the investigation to Constable M.D. Gaserotse. On 15.6.2019, the complainants wrote urgent email to the company for reimbursement of the amount robbed plus providing emergency financial assistance. However, same was declined through email by the OP as emergency financial assistance and loss of baggage and personal belongings were not covered.  On return also, many representations were made, but, to no avail. As such, OP was deficient in providing services. Hence, complainants filed the present consumer complaint and prayed for Rs.54,000/- as value of personal belongings; compensation of Rs.20,000/- and Rs.5,000/- as litigation fee.
2.     OP contested the consumer complaint and filed its reply. The crux of the reply is, complainants had asked for emergency cash assistance; compensation for loss of personal belongings and trip abandonment. However, as the said risks were not covered under the policy, therefore, the claim was repudiated.  Denied there was any deficiency in service or unfair trade practice employed by the OP. On these lines, the cause is sought to be defended.
3.     Rejoinder was filed by the complainants and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the parties as well as their counsel and gone through record of the case. After perusal of record, our findings are as under:-
6.     Per pleadings of the parties, purchase of the policy in question by the complainants from the OP, on receipt of premium by the OP, is not in dispute before us at all. The claim preferred by the complainants on being robbed by 5-6 persons in South Africa pertains to loss of belongings worth Rs.54,000/- in the form of having been robbed of wrist watch, purse, wallet etc. and denial of the claim preferred is on the ground said coverage was not provided under the policy. 
7.     Per pleadings of the OP, the genuineness of the story put forth by the complainants of the incident is admitted one.  Rather report was made in South Africa as well as on return in the daily diary register of Police Station at Chandigarh. This goes to show, complainants were definitely robbed and put to loss of Rs.54,000/-.
8.     Our attention was drawn to the terms and conditions of the policy, copy of which is Annexure I.  Its perusal shows the coverage under the policy was accidental death and disability (common carrier), common carrier delay, compassionate family visit, daily cash allowance, delay of checked-in Baggage, emergency accidental treatment and evacuation, total loss of checked in baggage and trip abandonment etc.
9.     In rejoinder submitted by complainants, case is pressed confining to terms and conditions of policy i.e. financial emergency cash i.e. daily cash allowance and trip abandonment and these heads are covered in the certificate of insurance and the claim of the complainants was since they were robbed, therefore, they are entitled to daily cash allowance of US $50 of at least two days and trip abandonment of US $1000 as both heads are covered explicitly by certificate of insurance. However, trip was not abandoned, therefore, complainants are not entitled to said claim of abandonment.
10.     Case of the complainants is they were robbed in which they were not at fault and to provide security cover in the country was the concern of the Govt. of South Africa and the complainants were in need of money. The certificate of insurance covers daily cash allowance of US $50. Thus, since the case of the complainants is genuine and true, therefore, under one head of cash allowance of US $50, one day is justifiable. Hence, there was deficiency in service on part of the OP.
11.     The complainants in their consumer complaint have only prayed for indemnification of loss of personal belongings and have not claimed daily allowance, but, the terms and conditions and certificate of insurance does not provide for indemnification of loss of belongings.  Thus, in this changed scenario, the relief prayed for by the complainants is liable to be moulded/modified and it will be moulded/ modified in the following relief clause.
12.     In view of the above discussion the present consumer complaint succeeds and the same is accordingly partly allowed and the relief is modified/moulded. OP is directed as under :-

1. to pay daily cash allowance of one day US $50, in equivalent Indian currency as on date of robbery i.e. 15.6.2019, alongwith interest @ 9% per annum from the said date, till realisation.
2. to pay Rs.10,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay Rs.5,000/- to the complainants as costs of litigation.

13.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
14.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

		Sd/-	Sd/-
12/02/2020		[Surjeet Kaur]	[Rattan Singh Thakur]
hg		Member	President