Haryana

Ambala

CC/356/2021

Nirvair Singh - Complainant(s)

Versus

ICCI Lombard Generel Insurance Co Ltd - Opp.Party(s)

Ranbir Singh Chadha

13 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	356 of 2021
Date of Institution	:	24.11.2021
Date of decision	:	13.01.2023

 

Nirvair Singh son of S.Balihar Singh, permanent resident of House No. 859/A, Panipat Insar, Block No.2, Village Hari Nagar, Panipat, Haryana 122103, presently residing at Gurudwara Badshahi Bagh, Near District Court, Ambala City.

          ……. Complainant.

                                                Versus

1. ICCI Lombard General Insurance Co. Ltd., ICICI Bank Tower, Bandra Kurla Complex Bandra, East Mumbai-400051.
2. The Branch Manager, ICCI Lombard General Insurance Co. Ltd., Tower D, 12th Floor, Global Business Park, Mehrauli Gurgaon Road, Gurgaon (HR)-12202 through its Branch Office, ICICI Lombard General Insurance Co. Ltd., Parshuram Chowk, Ambala Cantt.                                                         

 ….…. Opposite Parties

Before:        Smt Neena Sandhu, President.

                             Smt Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri Ranbir Singh, Advocate, counsel for the complainant.

                             Shri Rajesh Kumar, Advocate, counsel for the OPs.                        

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following directions to them:-

(i) To pay Rs.34,283/- i.e. insured value of motor cycle alongwith interest from the date of theft till realization.

(ii) To pay Rs.20,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.

(iii) To pay Rs.15,000/- as litigation expenses.

.

Or

Grant any other relief which this Hon’ble Commission may deems fit.

2.             Brief facts of the case are that the complainant is the registered owner of motor cycle Splendor Plus bearing Regn. No. HR-06-AJ-9820 make 2016, registered with Registering Authority, Panipat. The said motor cycle was comprehensively insured with OPs No.1 and 2 vide Certificate/Policy No. 3005/41922281/11580/000 dated 05.09.2018, which was valid from 05.09.2018 to 04.09.2019 (midnight). On 11.10.2018, the complainant has parked his above said motor cycle at about 2:00 PM in the parking site inside the Gurudwara Badshahi Bagh, Ambala City after locking the same, where the complainant is residing & working as Granthi. The complainant went to his room for rest and when he came back at 3:00 PM, he found his motor cycle missing from parking. The complainant raised alarm and immediately informed the police on Police Help Line Number 100 about the theft of motor cycle and police advised the complainant to search locally at ideal places. On 12.10.2018 at 11:00 AM, the complainant visited branch office of OP No.2 and informed about the theft of his motor cycle in writing but they have not given any receipt. However, the OPs advised the complainant to lodge FIR first. In the evening, the complainant went to Police Post No. 5, Sector-8, Ambala City to lodge report. The police took a formal application and orally told him to search motor cycle in the parking of Railway Stations and Bus Stands of Ambala Cantt and City. Police have flashed the message to all the police stations regarding theft of motor cycle. The complainant informed the Registering Authority, Panipat regarding theft of his motor cycle. On 16.10.2018, the complainant again went to Police Post No. 5, Sector-8, Ambala City to inquire about the action taken by police on his complaint. The incharge of the police post took fresh application from the complainant for registration of FIR and registered FIR No. 376 dated 28.10.2018 under section 379 of IPC. After 15-20 days of the theft, the surveyor/investigator appointed by the insurance company visited the complainant and asked for keys, RC, DL and policy of the motor cycle. The complainant told him that  original RC/Pollution Certificate, DL was lying in the motor cycle at the time of theft. However, he supplied photocopies of the same. The surveyor took keys of motor cycle and also obtained his signatures on two blank papers for writing application for finalization of theft claim of motor cycle, but he had not given any receipt etc. He further handed over certain documents i.e., format of indemnity Bond, Consent Form for full and final settlement and affidavit. The complainant had handed over all documents duly attested by Notary Public to the Branch Office, Ambala Cantt personally. The police failed to trace the motor cycle and ultimately the SHO police station, Ambala City sent the report to the CJM, Ambala for cancellation of FIR No. 376 dated 28.10.2018 and the same was accepted by the Ld. Magistrate on 03.08.3019. The final report is attached as Annexure -'F' and the order of Ld. CJM dated 30.08.2019 is Annexure- 'G'. The complainant thereafter visited the OPs number of times to make payment of the value of insured motor cycle i.e. Rs.34,283/-. Due to break down of Covid-19, the complainant waited for the settlement of insurance claim and after the relaxation of Covid-19, the complainant sent registered letters to OP No.1 on 18.5.2021 and on 2.6.2021, but neither the claim was settled nor it was refused by the OPs nor they gave any reply to the letter dated 02.06.2021. Hence this complaint.
3.           Upon notice, the OPs appeared and filed written version and raised  preliminary objections with regard to maintainability, not come with clean hands and suppressed the material facts and estoppal etc. On merits, it has been stated that the real facts are that the complaint till date has not submitted the requisite document and unless the requisite documents are not submitted by the complainant, the OPs are unable to process the case. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with special costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 and C-17 and closed the evidence on behalf of the complainant. Learned counsel for the OPs tendered affidavit of Divyam Suri, Authorized Officer/Manager Legal, ICICI Lombard General Insurance Co. Ltd. as Annexure OP-1/A and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by not settling the claim of the complainant in respect of theft of his motorcycle despite the fact that all the formalities were completed and necessary documents were submitted with the OPs, as far as back on 22.11.2018, the OPs are deficient in providing service, negligent and adopted unfair trade practice, thereby causing huge financial loss and mental agony and harassment to the complainant.  
7.           On the other hand, learned counsel for the OPs submitted that since the complainant failed to provide documents with regard to theft of his motorcycle, despite making number of request, as such, his claim could not be processed by the OPs. He further submitted that under these circumstances, still the complaint is premature and as such, not maintainable at this stage. 
8.           The facts with regard to issuance of insurance policy in question, Annexure C-3 in favour of the complainant in respect of his motorcycle which was valid for the period from 05.09.2018 to 04.09.2019; payment of premium by him to the OPs; occurrence of theft of the said motorcycle during the currency of the said policy; reporting of matter to the Police and the Insurance Policy are not in dispute. Furthermore, it is significant to mention here that following documents placed on record by the complainant clearly goes to reveal that each and every step was taken by him diligently, so that his claim could be settled:-
   1. Reporting of theft of the motorcycle to the Police Station, Ambala City, on 16.10.2018, vide Annexure C-3;
   2. Lodging of FIR No.0376 dated 28.10.2018, Annexure C-5;
   3. Reporting of theft of the motorcycle to the Regional Transport Authority, Panipat vide Annexure C-4;
   4.  Obtaining of untraced report dated 03.08.2019 from the Court of CJM, Ambala, Annexure C-7
   5.  Submission of indemnity cum declaration undertaking dated 11.12.2018, to the OPs, Annexure C-15
   6. Submission of consent letter to the OPs for full and final settlement of the claim  vide letter dated 22.11.2018, Annexure C-16
   7. Reminder letter dated 28.05.2021 for settlement of claim, vide registered post, Annexure C-10.

9.           However, on the other hand, though assertions have been raised by the OPs in their written version and also their Ld. Counsel has contended with vehemence  during arguments that the  complainant has failed to submit requisite documents inspite of repeated requests which resulted in non processing of his claim, yet, not even a single document has been placed on record to prove that the OPs ever sought any pending document from the complainant in respect of the claim in question. In the absence of any documentary evidence the bald assertion of the OPs is not acceptable.
10.           It is significant to mention here that it has been proved on record that the complainant had submitted the claim documents with the OPs in November 2018, yet, the claim has not been settled by the OPs till date. Under these circumstances, we are of the considered opinion that the OPs shall settle the claim of the complainant as per terms and conditions of the policy and pay the claim amount, if payable alongwith interest. Since, the OPs have caused inordinate delay in settling the claim of the complainant, therefore, they are liable to compensate the complainant for causing mental agony and physical harassment and also liable to pay litigation expenses.
11.  In view of the aforesaid discussion, we dispose of the present complaint with the directions to the OPs, to settle the claim of the complainant in respect of theft of his motorcycle in question, within a period of 30 days from the date of receipt of a certified copy of this order, as per terms and conditions of the insurance policy and thereafter pay the claim amount, if payable, within a period of 15 days therefrom alongwith interest @6% p.a. from 22.02.2019 i.e three months  the date of submission of claim being 22.11.2018, till realization. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room

Announced on :13.01.2023.

 

 

          (Vinod Kumar Sharma)           (Ruby Sharma)              (Neena Sandhu)

              Member                                  Member                      President