DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

          Complaint Case No.: 117 of 2009

 Date of Inst:23.01.2009

                Date of Decision:08.04.2010

1.           Naini Krishan w/o Mr.Vineet Krishan r/o H.No.306, Sector-9, Chandigarh.

2.           Ishan Krishan minor s/o Mr.Vineet Krishan through his mother Mrs.Naini Krishan, r/o H.No.306, Sector-9, Chandigarh.

3.           Ayush Krishan minor s/o Mr.Vineet Krishan through his mother Mrs.Naini Krishan, r/o H.No.306, Sector-9, Chandigarh.

              ---Complainants

V E R S U S

1.   ICICI Lombard General Insurance Co. Ltd., Zenith House, Keshavrao Khadye Marg, Opposite Race Course, Mahalaxmi, Mumbai-400034 through its Managing Director-cum-CEO.

2.   ICICI Lombard General Insurance Co. Ltd., SCO No.24-25, Ist Floor, Sector 8,Madhya Marg, Chandigarh-160009 through its Branch Manager.

3.   International SOS Service (India) Private Limited 2-B, Second Floor, Lotus Tower, New Friends Colony Community Centre, New Delhi through its Managing Director.

---Opposite Parties

QUORUM        SHRI LAKSHMAN SHARMA         PRESIDENT

              SHRI ASHOK RAJ BHANDARI      MEMBER

              SMT.MADHU MUTNEJA            MEMBER

PRESENT:      Sh.Aseem Rai, Adv. for complainants

Sh.Mrigank Sharma, Adv. for OPs No.1 and 2.

OP-3 exparte.  

          ---

PER LAKSHMAN SHARMA, PRESIDENT

          The complainants have filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed  to :-

i)                   Reimburse the promised USD 300 (Rs.13,500/-) to each of the complainant as per the terms and conditions of the insurance policy.

ii)              Pay a sum of Rs.2 lacs as damages for immense agony and hardship faced by him and his family members.

iii)         Pay a sum of Rs.15000/- as litigation expenses.

2.        In brief, the case of the complainants is that they were to travel Australia in the month of May-June 2008 and therefore, they purchased three separate Overseas Travel Policies along with Sh.Vineet Krishan who is the husband of complainant No.1 and father of complainants No.2 and 3 respectively.  The complainants were issued insurance policies bearing No.4030/2727043/00/000, No.4030/2727055/00/000   and No.4030/2727048/00/000 under plan Gold X-100 which was valid from 17.05.2008 to 29.06.2008 midnight (single trip) or actual date of arrival which ever was earlier.  As per terms and conditions of the insurance policy, the complainants were to be provided $300 (Australia) in case of financial emergency.

          Accordingly, the complainants along with Sh.Vineet Krishan went to Australia. On 24.05.2008 at about 6.40 p.m., the complainants along with Sh.Vineet Krishan were visiting Melborne City in Australia and for that purpose, they boarded a tram at Street Boruke. When they got off the tram, Sh.Vineet Krishan found that his wallet was stolen from his pocket. The said wallet was containing the following items:-

i)              Three Visa Credit cards in the name of said Vineet Krishan issued by Standard Charted Bank.

ii)         Two Credit Cards and one debit card in the name of complainant No.1 issued by ICICI Bank.

iii)    Cash equal to 1500/- Australian Dollars.

iv)         Driving licence of Vineet Krishan, complainant.

v)              Membership card of Golf Club, Chandigarh and Chandigarh Club Ltd.

          The complainants through Sh.Vineet Krishan lodged the report (Annexure C-2) at Police Station of Melborune East. After the loss of wallet, Mr.Vineet Krishan informed his staff members at Chandigarh and requested them to take necessary steps for blocking/freezing the credit cards. 

          According to the complainants, they suffered immense emotional and mental distress and difficulties due to loss of wallet.  Rather, it became very difficult for them to proceed with their tour without money.   The complainants found it very difficult to send even the documents and enter into correspondence to get necessary response and action initiated for lack of money. The complainants somehow managed to reach Hobart from where they were to undertake their journey back to India. The complainants informed the financial emergency faced by them to OP-3. Thereafter, OPs No.1 and 2 provided the covered amount of 300+10 Aus.$300 equivalent to Aus $ 300 to Mr.Vineet Krishan only. However, the claim of the complainants was declined by OPs on flimsy grounds, which amounts to deficiency in service. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by OPs No.1 and 2, the factum of issuance of the insurance policies in question to the complainants has been admitted. It has been admitted that the wallet of Mr.Vineet Krishan was lost in Australia during his trip.  It has been pleaded that different polices were taken by different individuals in their individual capacities. According to OPs, as Mr.Vineet Krishan lost his wallet, therefore, he was provided with Aus $300 coverage as per the terms and conditions of the insurance policy. Mrs.Naini Krishan, the wife of Mr.Vineet Krishan and her kids also applied for claim reimbursement on behalf of the wallet lost by Mr.Vineet Krishan. The same was repudiated as no loss had occurred to the complainants. In these circumstances, according to OPs No.1 and 2, there is no deficiency in service on their part and the complaint deserves dismissal.

4.        OP-3 was duly served but nobody appeared on its behalf either in person or through counsel. Therefore, it was ordered to be proceeded against exparte vide order dated 23.04.2009.

5.        We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 

6.        It was argued vehemently by the learned counsel for the OPs that Sh.Vineet Krishan had lost his wallet, therefore, he was compensated and 300 $ (Australian) were provided to him as financial assistance as per the terms and conditions of the insurance policy. According to the learned counsel for OPs, as no loss was suffered by the complainants, therefore, their claim for financial assistance was rightly declined.

7.            To our mind the argument advanced by the learned counsel for the OPs has no force. Admittedly, each of the complainants was provided with a separate insurance policy. The complainants paid separate premiums and there was provision in each of the insurance policies for providing financial assistance  in case of financial emergency to the extent of 300 $ (Australian). Sh.Vineet Krishan being the head of the family was having the entire amount needed for the entire family. As the wallet was lost (which  contained debit cards of complainant No.1 also), the entire family faced the financial emergency. The amount needed for travel by the complainants was also with Sh.Vineet Krishan. So it was not the loss of Sh.Vineet Krishan alone. It was loss of the complainants as well. The complainants were separate insurance policyholders. They paid separate premiums. Therefore, each of the complainants are entitled to the financial assistance of 300 $ (Australian)  as per the terms and conditions of the insurance policy. Therefore, the repudiation of the claim of the complainants amounts to deficiency in service on the part of OPs.

7.        In view of the above circumstances, this complaint is allowed with following directions to OPs:-

i)   To Pay 300 $ (Australian) to each of the complainants.

ii)  To Pay a sum of Rs.7000/- as compensation for mental agony and harassment to each of the complainants.

iii) To Pay a sum of Rs.5000/- to the complainants as litigation expenses.

8.        This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the OPs  shall be liable to refund the amount as stated in the foregoings to the complainant along with penal interest @ 18 % p.a. from the date of filing of the complaint i.e. 23.01.2009   till its realization besides costs of litigation.

9.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.04.2010                                      sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(ASHOK RAJ BHANDARI)

MEMBER

Sd/-

(MADHU MUTNEJA)

MEMBER