BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BANGALORE (ADDL. BENCH)
DATED THIS THE 23rd DAY OF MAY 2024
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 1478/2019
Future General India Insurance Co., Ltd., Rep. by its Authorised Signatory, No.31, 3rd Floor, Above Croma Showroom, Shravanee Krishna Mansion, 100 Feet Road, 2nd Block, Jayanagar, Bangalore 560 011. (By Sri M.R. Manoj Kumar, Advocate) | ……Appellant/s |
V/s
Sri Gurusiddappa, S/o Desayappa Gonwar, Aged about 46 years, Occ : Agriculture & business, R/at 11-211, Balashettihal Village, Taluk Shorapur, Yadigir District 585 291. (Exparte) | …… Respondent/s |
ORDER
MR. RAVISHANKAR, JUDICIAL MEMBER
The appellant/Opposite Party has preferred this appeal being aggrieved by the Order dt.07.09.2019 in CC.No.15/2017 on the file of District Consumer Disputes Redressal Forum, Yadgiri.
2. The appellant submits that the vehicle Nissan Terrano XLD (O) plus bearing Registration No.KA-33-M-4425 which was insured with the appellant was stolen near the house of the complainant on 30.05.2015 and he gave a complaint to the jurisdictional police on 09.06.2015 after a lapse of 10 days and the same was intimated to the appellant for settlement of the claim by virtue of the policy, on 18.06.2015. There is a delay of nearly 18 days. Due to delay, they could not investigate the matter with respect to the theft as alleged, hence, they repudiated the claim. Aggrieved by the same, the respondent approached the District Commission and filed a complaint and sought for payment of the IDV value. The District Commission after trial allowed the complaint. Infact they are not liable to pay the awarded amount since there is a delay in informing the theft both to the jurisdictional police and this appellant. No proper explanation was given by the complainant for delay in giving information. There is no deficiency in service on their part in repudiating the claim, inspite of that the District Commission allowed the complaint, hence, prayed to set aside the Order passed by the District Commission.
3. Heard the arguments appellant.
4. On perusal of the appeal memo and certified copy of the impugned order and documents, it is not in dispute that the vehicle of the complainant was stolen on 30.05.2015. At the time of theft of the vehicle, the complainant was not in station. Anyhow, police complaint was given to the jurisdictional police for which the police advised for search of the vehicle. After searching of the vehicle, they approached the police station and gave a complaint on 09.06.2015 and FIR was also lodged. It was noticed that ‘C’ Report also filed in this regard on 01.10.2016 which discloses the vehicle was not traced out. Further, it was noticed that the complainant gave information to this appellant on 09.06.2015 after a lapse of 18 days. After receipt of the said information, this appellant had repudiated the claim for the reason that the delay in information. We are of the opinion that the delay of 18 days is not an abnormal delay. The police have investigated the matter and submitted the ‘C’ Report stating that the vehicle was not found. If at all any information was given at the earliest point of time, the same investigation was occasioned. The thorough investigation was done by the jurisdictional police. When the investigation on the part of the police was completed and the vehicle was not traced out, the further investigation on the side of the appellant is not required. The complainant is entitled to get the IDV value of the vehicle as per the policy terms and conditions. The repudiation made by this appellant definitely amounts to deficiency in service. The District Commission rightly appreciated the facts and documents and allowed the complaint. We do not find any irregularity or illegality in the Order passed by the District Commission. The Order of the District Commission is just and proper. Hence, the following;
ORDER
The appeal is dismissed.
The amount in deposit shall be transmitted to the concerned District Commission for disbursement of the same to the complainant.
Forward free copies to both parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
