Delhi

North East

CC/182/2018

Mohd. Amir Ansari - Complainant(s)

Versus

I.O. Ganga Dhar Thana - Opp.Party(s)

25 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 182/18

 

 

 

In the matter of:

 

	Sh. Amir Ansari S/o Mohd. Anees R/o C-193, St. No. 07, Nehru Vihar Delhi-110094	Complainant
	Versus
1.         2.	Gangadhar I.O P.S. Khajuri Khas Delhi E-FIR No.007415, Dt. 07.03.18 U/s 379 IPC   National Insurance Company At:- B.M.C No.1 1st Floor, Branch Office Connaught Place, New Delhi-110001	Opposite Parties

 

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

29.08.18 18.04.23 25.04.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant                                      

1. The case of the Complainant as revealed from the record is that the motorcycle of the Complainant vide Registration No. DL-5SBC-0822, Chassis No. MBLHARO74HHG40729, Engine No. HA10AGHHG45184 got stolen from outside of his residence on 06.03.18 and he lodged complaint on the same day calling 100, an E-FIR No.007415 has been lodged dated 07.03.18, thereafter an I.O has been appointed by the Police Station. The Complainant is the registered owner of the above motorcycle having its insurance from Opposite Party No.2 vide policy no. 39010231176201937281 for a sum of Rs. 48,508/- valid from 06.08.17 to 05.08.18.  On 09.03.18 the Complainant had intimated the Opposite Party No.2 and Opposite Party No.2 gave a claim form to the Complainant and Complainant filled that form and submitted it to the office of Opposite Party No.2 on the same day. The Opposite Party No.2 insurance company sent an investigator/ surveyor, he enquired the area where the theft of motorcycle in question took place and took statement from 2 neighbours and also took all the other relevant documents like copy of insurance, registration certificate etc. from the residence of Complainant after 15 days. The Complainant stated that he visited the office of Opposite Party No.2 many times but Opposite Party No.2 did not release the claim of Complainant. The Complainant stated that he got tired of visiting the office of Opposite Party No.2 for releasing his claim but Opposite Party No.2 did not release the claim of Complainant and for this reason the dispute is continuing between Complainant and Opposite Party. Complainant has prayed for insurance claim amount of Rs. 48,508/- and also for compensation.
2.  None has appeared on behalf of Opposite Party No.1 to contest the case. Therefore, Opposite Party No.1 was proceeded against Ex-parte vide order dated 25.01.19.

Case of the Opposite Party No.2

3. The Opposite Party No.2 contested the case and filed written statement. It is stated by the Opposite Party No.2 that the company’s liability in respect of all claims admitted during the period of insurance shall not exceed the sum insured mentioned in the schedule. The vehicle in question was stolen on 06.03.18 and the said incident was intimated to the police station on 09.03.18. It is further submitted that Complainant has not full fill the Condition No.1 of the terms and conditions of the above said policy. The insurance policy is a contract between the insured and the insurer and the terms and conditions of the same are binding to the parties, Complainant not submitted the following documents as per terms and conditions of policy. It is also the case of the Opposite Party No.2 that it has sent a letter dated 19.04.18 for requirement of the documents but Complainant did not submit the same and on 21.08.18 reminder was also sent to Complainant but Complainant again failed to do so.

Rejoinder to the written statement of Opposite Party No.2

4. The Complainant filed rejoinder to the written statement of Opposite Party No.2 wherein the Complainant has denied the pleas raised by the Opposite Party No.2 and has reiterated the assertion made in the complaint.

Evidence of the Complainant

5. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party No.2

6. In order to prove its case Opposite Party No.2 has filed affidavit of Shri Pratap Singh, A.O of the Opposite Party No.2, wherein the averments made in the written statement of Opposite Party No.2 have been supported.

Arguments & Conclusion

7. We have heard the Complainant and Ld. Counsel for the Opposite Party No.2. We have also perused the file and the written arguments filed by Complainant and Opposite Party No.2. The case of the Complainant is that his motorcycle was stolen and in this regard he has lodged FIR and also intimated the insurance company i.e. Opposite Party No.2. It is his case that he has done the needful but even then his claim was not released.  On the other hand, the case of the Opposite Party No.2 is that the Complainant has not complied with the terms and conditions of the policy. Admittedly, the two wheeler of the Complainant was stolen and it was insured by the Opposite Party No.2. FIR regarding the theft of the motorcycle was lodged and vide order dated 31.05.21 the untrace report was accepted by the court of Ms. Mayuri Singh, ACMM, North East, Karkardooma Court, Delhi. The claim of the Complainant was not released on the ground that he has not followed the terms and conditions of the policy.  The plea taken by the Opposite Party is very vague. Moreover, there is nothing on record to show that the said terms and conditions of the said policy were ever provided to the Complainant. Therefore, we hold that there is deficiency of service on the part of Opposite Party No.2. The complaint is allowed. The Opposite Party No.2 shall pay an amount of Rs. 48,508/- to the Complainant with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party No.2 is further directed to pay Rs. 7,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.  
8. Order announced on 25.04.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room. 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President