Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 692
Instituted on : 29.11.2021
Decided on : 17.08.2023
Renu Bala D/o Sh. Raj Singh, R/o VPO Ridhau, District Sonepat
………..Complainant.
Vs.
- ICICI Lombard General Insurance Co. Ltd. (main office), office address-plot no. 149 4th Floor, Industrial area, phase-1, next to Hometel Hotel, Chandigarh, (Elante Mall), through its Manager/Director.
- ICICI Lombard General Insurance Co. Ltd., Office Address-Ashoka Plaza opp. Maina tourist Complex, Delhi Road, Rohtak through its Branch Manager.
…….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Pardeep Dangi, Advocate for complainant.
Sh. Gulshan Chawla, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
- Brief facts of the case as per complainant are that she purchased a Harley Davidson bike bearing registration no. HR-51 BV- 7998 and the said bike is insured from the opposite party vide policy no. 3005/HD-15136760/00/B00 which was valid from 28.01.2020 to 27.01.2021. It is further submitted that agent of the opposite party advised the complainant to take 0% depreciation policy and told the benefits of the policy of 100% coverage and convinced her. Complainant paid Rs.26,504/- to the opposite parties. The concerned person of the opposite party assured the complainant that under this policy, in case of any damage to the vehicle, 100% amount will be refunded by them. On 18.01.2021, the said vehicle was stolen from the parking of PGIMS, Rohtak and regarding the incident, FIR no.18/18.01.2021 U/s 379 IPC, P.S. PGIMS, Rohtak was also registered. Complainant also informed to opposite parties regarding theft of her vehicle. Thereafter she visited the office of opposite party no. 1 for settlement of claim of said stolen bike. The opposite party no. 1 asked to submit GD Entry/100 no. call recording/PCR copy, previous year policy certificate, court certified untraced report, indemnity bond, purchase invoice, current photograph. The complainant told the opposite party that she can submit all the documents except the court certified untrace report as it was not in the hands of the complainant to get it ready. So, the complainant requested opposite party to give time for submitting court certified untrace report. On 16.09.2021, the Hon’ble Illaqa Magistrate ordered on untraced report. But the opposite party no. 1 issued the closure letter dated 31.08.2021 regarding the claim of said bike under the insurance policy by giving the reason as “that your above mentioned claim is closed in our record and could not be processed further due to failure of documents to be provided from your end”. It is further stated that if Hon’ble Court has decided on untraced report on 16.09.2021 then how the complainant could have been complied with dead line of time given by the opposite party no. 1 regarding submission of documents. The employee of the opposite party no. 1 namely Ashtha has taken all the required documents but after some days told that your claim case is closed and now it cannot be processed again. The complainant approached many times to opposite party no. 1 with all documents but the opposite party no. 1 did not entertain the complainant and did not make the payment of claim. As such, there is deficiency on the part of the opposite party. Hence, this complaint and it is prayed that opposite party may kindly be directed to make payment of said bike as according to the purchase invoice with 18% interest per annum. It is also prayed that opposite party be directed to pay Rs.15,000/- as compensation and Rs.22,000/- as litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that at the time of getting the vehicle insured, they handed over the policy with terms and conditions and the vehicle was got insured from opposite parties after admitting/confirming the conditions of the policy. It is further submitted that to evaluate the loss to the complainant, they served the letter dated 28.05.2021 and 24.07.2021, requesting the complainant to provide the following documents:
a)GD Entry/100 No. Call recording/PCR copy,
b) Previous Year Policy Certificate,
c) Court Certified Untraced Report,
d) Indemnity Bond,
e)Purchase Invoice (in case of new vehicle & RTI cover),
f) Current Photograph.
Then complainant failed to provide the documents inspite of several reminders. Hence, they were left with no other option except to close the claim of the complainant vide letter dated 31.08.2021 duly served upon the complainant. The complainant did not produce any documents showing his intention to submit the documents with the opposite party for evaluation of the claim. The complainant was well within his right to sent a Regd./AD showing his intention for reopening of the case alongwith the document for evaluation of the claim on merits. Hence there is no deficiency in service on the part of opposite parties. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Complainant in his evidence has tendered affidavit Ex.C1/A, documents Ex.C1/A1 to Ex.C1/A8 and has closed his evidence on dated 02.11.2022. Learned counsel for the complainant also tendered document Ex.C1/A9 in his additional evidence and closed the same on 17.05.2023. Learned counsel for the opposite parties has tendered affidavit Ex. RW1/A, documents Ex.R1 to Ex.R4 and closed his evidence on 02.01.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In this complaint the claim of the complainant has not been paid by the insurance company on the ground that the complainant has not submitted some required documents with the insurance company so the claim of the complainant could not been evaluated. As per the respondent they served letters dated 28.05.2021 and 24.07.2021 to the complainant for providing the below mentioned documents: a)GD Entry/100 No. Call recording/PCR copy, b) Previous Year Policy Certificate, c) Court Certified Untraced Report, d) Indemnity Bond, e)Purchase Invoice (in case of new vehicle & RTI cover), f) Current Photograph. It has been further submitted that the untraced report regarding the vehicle has been issued by the illaqua magistrate on 16.09.2021 and claim of the complainant has been closed by the insurance company vide letter dated 31.08.2021. So the claim has not been paid. We have minutely perused the documents placed on record by both the parties. The complainant has placed on record all the required and requisite documents. The respondent placed on record 4 documents alongwith affidavit Ex.RW1/A. Ex.R1 is the policy, Ex.R2 is letter dated 29.05.2021, Ex.R3 is letter dated 24.07.2021 and no claim letter Ex.R4 dated 31.08.2021. On the other hand, the complainant has placed on record documents Ex.C1/Ex.A1 to Ex.C1/Ex.A9. Ex.C1/Ex.A9 has been placed on record in additional evidence. The insurance Co. demanded 30 documents from the complainant vide letter dated 29.05.2021 (Ex.R2) and thereafter the another letter has been issued by the insurance company on dated 24.07.2007 (Ex.R3). In this letter the insurance company demanded only 6 documents. Meaning thereby the remaining documents have been submitted by the complainant with the insurance company. Here the complainant has pleaded that untraced report issued by the Illaqua Magistrate received on 16.09.2021 and the same was submitted with the insurance company through registered post and through whatsapp. He further submitted that documents demanded vide letter dated 24.07.2021 and 31.08.221 were submitted with the insurance company on 23.09.2021. To prove this fact, the complainant has placed on record a copy of whatsapp having 19 pages which is Ex.C1/Ex.A9. The perusal of these documents itself shows that complainant has submitted all the required and requisite documents with the insurance company. Moreover we are very surprised to see the point no.6 i.e. document demanded by the respondent insurance company vide letter Ex.R3 i.e. current photograph. In the present complaint the vehicle has been stolen by an unknown person on 18.01.2021 , in that situation how the complainant can submit the current photographs of the vehicle in question. It shows that how carelessly they do their work. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to pay the claim amount. The complainant through this complaint has demanded the invoice value of the vehicle in question. We have minutely perused the policy placed on record by the insurance company as Ex.R1. The complainant has paid an extra premium and purchased some add-on coverage from the insurance company and these add-on are ‘Zero depreciation, return of invoice value’ and against these add-on coverage the complainant has paid an amount of Rs.9891/- to the respondent officials. As such as per the alleged add-on purchased by the complainant, he is entitled for the invoice value of the vehicle. To prove the invoice value, the complainant has placed on record document Ex.C1/Ex.A3, as per which the invoice value of the vehicle is Rs.965000/-. As per our opinion, the complainant is entitled for the alleged invoice value of the vehicle in question.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to pay the alleged amount of Rs.965000/-(Rupees nine lac sixty five thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 29.11.2021 till its realization and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
17.08.2023
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
