BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.
Complaint No.386 of 2019
Date of Instt.05.09.2019
Date of Decision: 28.09.2021
Balbir Chand Mahey, Age 71 years, S/o Mehnga Ram, r/o 404, Shaheed Bhagat Singh Nagar, Bye Pass, Jalandhar.
Mob. No.9417249057, 0181-2490555
….. Complainants
Versus
ICICI Lombard General Insurance Company Limited, 2nd Floor, Nirmal Complex, Near Namdev Chowk, Jalandhar. Through its Director/Authorized Representative.
ICICI Lombard General Insurance Company Limited, Reg. Office ICICI Lombard House, 414, Veer Savarkar Marg, Near Siddhi Temple, Prabhadevi, Mumbai 400 025.
Through its Managing Director/Authorized Representative
Toll Free No. 180026666 (8655222666)
Email
..…Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Sumit Verma, Adv. Counsel for the Complainant.
Sh. R. K. Sharma, Adv. Counsel for the OPs No.1 and 2.
ORDER
Kuljit Singh (President)
The present complaint has been filed by complainant against the OPs on the averments that he purchased insurance policy vide certificate cum policy no.3005/2011378720/00/0000000948 for the period from 25.09.2018 to 24.09.2019 for this two wheeler/Activa 4G Scooter bearing registration no. PB-08-DV-0108 Model 2017 Chassis no.63983 Engine No. 64019 from OPs. The OPs received a sum of Rs.1959/- as premium for making the insurance of the said vehicle and assessed the value of vehicle Rs.40631/-. Within validity of insurance, the above said vehicle was stolen on 26.04.2019 while parked outside the MBD Mall Jalandhar. The intimation for the theft of said vehicle was given to police station Navi Baradari Jalandhar on 26.04.2019 and FIR was lodged in the same police station vide FIR No. 117 dated 20.08.2019. OPs received the information from the complainant for the theft of said vehicle and appointed their surveyor for fulfillment of documents /records/statements required towards assessment of the motor theft claim vide letter dated 1.05.2019. OPs vide their letters dated 5.06.2019 and 06.07.2019 asked the complainant to send some documents i.e. cancelled cheque, FIR, Form No. 28, Form No. 29, Form No. 30, Form no. 26, indemnity bond etc. , which the complainant sent to OPs. The original RC could not be sent to OPs because it was kept in the vehicle and stolen with vehicle. OPs vide their letter dated 02.08.2019 closed his claim with reason that documents required by OPs were not provided by complainant. All the documents which OPs demanded were provided well in time. OPs intentionally and deliberately closed the claim of the complainant which tantamount to unfair trade practice and amount to negligence and deficiency in service. Therefore, he had filed the present complaint and prayed that OPs be directed to give claim of Rs.40631/- along with Rs.50,000/- as compensation and Rs.3300/- as cost of litigation.
2. Upon notice, OPs no.1 and 2 appeared and filed written their joint reply and contested the complaint of the complainant by raising preliminary objections that complaint is not maintainable. The complainant cannot take the benefits of his own wrongs. On merits, it was averred that complainant failed to intimate the loss of insured vehicle in the theft immediately to the police and also failed to fulfill the requirements of OP for processing and settling the claim, on non-supply of documents demanded by the investigator. OPs also sent reminders dated 05.06.2019 and 06.07.2019 asking the complainant to provide documents mentioned in the said letters. Complainant failed to submit the documents despite demand, as such his claim was closed vide letter dated 02.08.2019. FIR was lodged when loss of vehicle in theft was intimated to the police on 20.08.2019 after 116 days from the date of alleged loss on 26.04.2019. There is neither any deficiency in service nor any negligence or unfair trade practice on the part of OPs. OPs no.1 and 2 denied any deficiency in service on their part and prayed for dismissal of the complaint.
3. The complainant has tendered in evidence his affidavit Ex.C-A along with copies of documents Ex.C-1 to Ex.C-10. On the other hand, OPs tendered in evidence affidavit of Nishan Gera Manager (Legal) ICICI Lombard General Insurance Co. Ltd as Ex.O-A and Ex.O-B along with copies of documents Ex.OP-1 to Ex.OP-5 and closed the evidence.
4. We have heard learned counsel for the parties and have gone through the record very carefully as well as written arguments filed by complainant.
5. The glance of evidence is required for settlement of the case in hand. The complainant has tendered in evidence his affidavit Ex.C-A in support of his case. Ex.C-1 is copy of policy schedule. Ex.C-2 is copy of application dated 26.04.2019 regarding theft of vehicle to Police Station Baradari, Jalandhar. Ex.C-3 is copy of FIR no. 117 dated 20.08.2019 to Police Station Baradari Jalandhar. Ex.C-4 is copy of letter addressed to complainant by OPs regarding appointment of Surveyor to assess the loss. Ex.C-5 is reminder. Ex.C-6 is also reminder. Ex.C-7 is copy of repudiation letter dated 02.08.2019. Ex.C-8 is copy of driving licence. Ex.C-9 is copy of letter dated 15.05.2019. Ex.C-10 is copy of untraced report under Section 173 Cr.P.C.
6. To refute this evidence of the complainant, OPs tendered in evidence affidavit of Nishant Gera Manager (Legal) ICICI Lombard General Insurance as Ex.O-A and Ex.O-B on the record. Ex.O-1 is copy of insurance which is valid from 25.09.2018 to 24.09.2019 contained with terms and conditions of the policy. Ex.O-2 is copy of FIR dated 20.09.2019. Ex.O-4 is copy of reminder dated 06.07.2019. Ex.O-5 is also copy of reminder dated 05.06.2019.
7. This fact is established that the complainant purchased the vehicle i.e. Activa 4G Scooter bearing registration no. PB-08-DV-0108 Model 2017 Chassis no. 63983 Engine No. 64019 and same was insured from OPs. The vehicle in question was stolen on 26.04.2019 while parked outside the MBD Mall, Jalandhar. Intimation in this regard was given to Police Station Navi Baradari Jalandhar on 26.04.2019 and FIR to this effect was lodged in the same police station vide FIR No.117 dated 20.08.2019 vide Ex.C-3 on the record. The insurance of the vehicle is valid from 25.09.2018 to 24.09.2019, the theft occurred on 26.04.2019. As such, the vehicle in question stolen during the currency period of policy. Ex.C-7 is letter of repudiation of claim of the complainant on the record. OPs repudiated the claim of the complainant due to non-supply of required documents by complainant, which were not submitted by him to OPs. The OPs pleaded in para no.2 of its written reply that the complainant given intimation of theft of his vehicle to OPs after 116 days from the date of alleged loss on 26.04.2019. But from perusal of document Ex.C-2 it is clear that the complainant given intimation to police on the same day on 26.04.2019 as well as to the OPs.
8. The OPs wrote letter dated 15.05.2019 to complainant regarding submission of documents. The pending documents are as under :-
1. Form Number 28, 29 and 30
2. If vehicle is financed loan A/c statement/non repossess letter from financer.
3. Bank NOC and form number 35 with two copies to be collected (if loan cleared).
4. Indemnity bond
5. Both keys
6. Service record of Activa
7. Untraced report.
8. Original R.C or Form no. 26.
9. PAN Copy (in absence of PAN, Form no. 60 is required).
The OPs sent reminder on 05.06.2019 for submission of pending documents to complainant but same were not submitted by complainant to OPs. OPs further sent another reminder dated 06.07.2019 to OPs for submission of pending documents but further same was not submitted by complainant to OPs. This act shows that complainant intentionally not submitted the required documents to OPs, that is why his claim was closed by OPs for non-submission of required documents.
9. The next controversy involved in this case there is delay of 116 days for giving intimation of theft of vehicle to OPs. The vehicle in question of the complainant stolen on 26.04.2019 while parked outside the MBD Mall Jalandhar. Intimation of theft was given to the police on same day i.e. 26.04.2019 , this fact is clear from perusal of application Ex.C-2 placed on the record and FIR no. 117 to this effect was lodged in the same police station on 20.08.2019. The complainant also given intimation to OPs regarding theft of his vehicle in question but authorized representative of the OPs told and assured him that in case of any accident or theft, the full claim of the vehicle would be given to him within 30 days but now they denied their promise given to him. But for settlement of the case, the required documents are necessary, which were not submitted by the complainant to OPs. This lapse on the part of complainant himself.
10. Keeping in view the totality of the facts and circumstances of the case, we partly accept the complaint of the complainant with direction to complainant to submit all the necessary documents i.e.
1. Cancelled cheque,
2. FIR,
3. Forms No.26, 28, 29 and 30.
4. Indemnity Bond
5. Court Certified Untrace Report.
6. GD Entry/100 No. Call Recording/PCR Copy.
7. PAN Copy (in absence of PAN, Form no. 60 is required) within 15 days from receipt of copy of this order and OPs are directed to settle the claim of the complainant i.e. Rs.40,631/- to complainant within further 15 days from receipt of documents from complainant.
11. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work.
12. File be indexed and consigned to the record room after due compliance.
Announced in open Commission
28th of September 2021
Kuljit Singh
(President)
Jyotsna
(Member)
Jaswant Singh Dhillon
(Member)
