Delhi

North East

CC/76/2016

Neha Arora - Complainant(s)

Versus

ICICI Lom Ins. Co. - Opp.Party(s)

11 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 76/16

 

 

In the matter of:

 

		Ms. Neha Arora D/o Shri Sushil Kumar R/o H.No. 1/10831, Gali No. 3, Subhash Park, Delhi-110032		Complainant
		Versus
		ICICI Lombard General Insurance Co. Ltd. The Manager/ Prop. DDA Market, 1st Floor, J&K Market Dilshad Garden, Delhi-110095		Opposite Party
			DATE OF INSTITUTION:		04.03.2016
			JUDGEMENT RESERVED ON :		08.09.2017
			DATE OF DECISION      :		11.09.2017

 

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Shri, N.K. Sharma

ORDER

1. Jurisdiction of this Forum has been invoked by Ms. Neha Arora, the complainant against ICICI Lombard General Insurance Company Ltd., the OP. Briefly stated the facts of the present complaint are that the complainant got her Maruti Swift car bearing registration No. DL2C AS 5707 with Chasis No. 552575, insured from OP for a period from 21.11.2014 to 20.11.2015. The complainant was approached by representative of OP for renewal of insurance policy for the             year 2015-2016. It is stated that on 24.10.2015 the complainant issued a cheque bearing No. 796229 drawn on Syndicate Bank, Shahdara Branch dated 18.11.15 for premium of Rs. 9291/-, which was due on 21.11.15. Certificate-cum-Policy was issued by OP vide policy No. 3001/MI/ 03222518/00/000, for a period from 21.11.15 to 20.11.16. It is further stated that on 27.11.15 complainant received a letter from OP stating that the above mentioned policy had been cancelled due dishonor of cheque issued in lieu of premium. Thus, the cover note bearing No. 109867987 was cancelled w.e.f. 02.11.2015. It has been stated in the complaint that the said cheque was presented on 2.11.15 instead of due date, which was 18.11.15 and the complainant was informed on 27.11.15, which was after the expiry of insurance cover. Legal notice dated 19.10.2016 was sent to OP demanding compensation, which was neither replied nor complied with. It is further stated that the vehicle of the complainant was not insured due to negligence on the part of OP. Hence, the complainant has prayed for directions to OP to issue  insurance policy for the period of 2015-2016 on payment of premium by OP, Rs. 4,00,000/- towards compensation for mental harassment and Rs. 25,000/- for litigation charges.

Pay slip of complainant, PAN Card, Certificate-cum-Policy schedule for the year 2014-15, Proposal for insurance dated 24.10.2015, certificate-cum-policy schedule for disputed policy, letter dated 27.11.15 by OP, Bank A/c statement of complainant, policy status, E-mails exchanged between the OP and the complainant and legal notice dated 19.10.2016  have been annexed with the complaint.

2. Written statement was filed by OP upon service of notice, where in they have taken various pleas such as: concealment and misrepresentation of material facts, Complainant is not a consumer as the complainant has failed to pay the premium despite reminders; complaint was liable to be dismissed for non joinder of necessary parties etc. It was stated that the risk coverage for the period from 21.11.2015 to 20.11.16 was subject to realization of cheque but the agent presented the cheque for encashment in the corporate account of OP before the due date, which was due to human error on the part of the agent. It was the agent who was responsible and OP had only intimated complainant with respect to the arrangement of payment of premium. Rest of the contents of complaint have been denied.
3. In rejoinder to reply filed on behalf of OP, complainant reiterated the contents of the complaint. It was stated that OP had not returned the original cheque paid by complainant. It was also stated that the cheque which got dishonored, could have been presented for encashment on due date, which was not done by OP. 
4. Evidence by way of affidavit was filed by the complainant where she stated contents of the complaint. It was stated that there was no reason for the cheque being dishonored if the said cheque was presented again on or after 18.11.2015. OP examined Shri Vikash Goyal, Legal Manager of ICICI Lombard General Insurance Co. Ltd. who got exhibited copy of policy certificate alongwith terms and conditions as EX. OPW-A, Copy of letter dated 20.11.2015 is annexed as EX. OPW-B. It was stated that it was a human error because of which the cheque was presented before due date which got dishonored.
5. We have heard Ld. Counsel for complainant and have perused the material placed on record.

It is admitted fact that a cheque bearing no. 796229 drawn on Syndicate Bank, Shahdara, dated 18.11.2015 of Rs. 9,291/- was given by complainant for payment of premium. OP thereafter, issued policy bearing no. 3001/MI-03222518/00/000 which was valid from 21.11.15 to 20.11.16. The complainant has also placed on record the proposal form, which bears the details of vehicle alongwith the details of cheque. In their written statement OP has stated that the complainant was informed regarding dishonor of the cheque and had requested to arrange for payment. It has also been stated that agent presented the cheque for encashment in corporate account of OP, before the due date when the complainant had issued a cheque for payment of premium. Going through the policy certificate, the policy certificate had already been issued on 14.11.2016, Now, OP taking the defence that they had informed the complainant on 27.11.15 cannot absolve them of their negligence for not informing the complainant well in time i.e. before the expiry of previous policy.

Even assuming there was human error on part of agent, there was lapse on part of OP in informing the complainant. Therefore, Complainant cannot be made to suffer due to negligence on part of OP.

6. During the course of arguments, it was stated by the Ld. Counsel for complainant that they have got the vehicle insured, therefore,      clause (i) of the prayer has become infructuous.

Hence, we direct OP to pay Rs. 25,000/- as compensation for mental harassment as the vehicle was out of insurance cover due to the negligence of OP and complainant was under impression that the vehicle had insurance cover, had the complainant been informed immediately about the dishonor of cheque, she could have done the needful for getting the insurance, we also award Rs. 10,000/- as cost of litigation.

7. The order be complied within 30 days from the date of receipt of the order failing which, interest @ 9% per annum shall be payable on the amount of compensation from the date of the order till realisation.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
9. File be consigned to record room.

(Announced on  11.09.2017)         

(N.K. Sharma) President

(Harpreet Kaur Charya) Member