Haryana

Ambala

CC/118/2012

SATISH KUMAR S/O SH JATTA SHANKAR. - Complainant(s)

Versus

ICICI LOMBARD GENERAL INSURANCE CO. LTD. - Opp.Party(s)

TAJINDER SINGH

04 Aug 2016

ORDER

             BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

           Complaint Case No.    :  118 of 2012

Date of Institution       :  17.04.2012

            Date of Decision         :   04.08.2016

Satish Kumar son of Sh. Jatta Shankar C/o Sh. Tejinder Singh, Advocate, Opposite Shiv Ji Temple, Manauli House, Ambala City.

                                                                                                ……Complainant.   

                                                                                             Versus

ICICI Lombard, General Insurance Company Limited through its Branch Manager-cum-Incharge, Triloki Chambers, SCO No.4307/4/21, Ist Floor, Opp. Municipal Council, Ambala Cantt.

                                                                                                ……Opposite Party

Complaint Under Section 12 of the Consumer Protection Act

 

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.            

Present:          Sh. Tejinder Singh, Adv. counsel for complainant.

                        Sh. Rajesh Kumar, Adv. counsel for Op.

ORDER.

                        Present complaint under section 12 of the Consumer Protection Act, 1986 (hereinafter in short called as the ‘Act’) has been filed by the complainant alleging therein that he got  insured  his motor cycle bearing registration No.HR01-AB-6899 with OP Insurance company against an Insured Declared Value ( IDV) of  Rs.29728/- on 16.12.2011 and paid premium amount of Rs.988/- including Rs.487/- for own damage claim.  It is contended that on 02.03.2012, complainant parked his vehicle  outside his temporary residence as a tenant at about 9.30 P.M.  and went to sleep.  On 03.03.2012 at about 8.00 a.m., complainant came out of the house and found that both the wheels of the motor cycle were missing and somebody has stolen the same. Complainant informed  the police on the same day  and also gave intimation to the OP-insurance company. Complainant has contended that he received letter dated 12.03.2012 from the OP whereby they refused to compensate the complainant being partial theft which is not covered in the policy.  It has been further contended by the complainant that the policy issued to the complainant is a package policy and it is no where mentioned in the policy that partial theft will not be covered whereas the OP has deliberately & intentionally ignored to compensate the complainant which amounts to deficiency  in service on his part.  Besides it, complainant has averred in the complaint that he purchased tyres-tubes and wheels from Associated Automobiles vide cash memo dated 06.03.2012 costing Rs.8807/- which  he is legally entitled to claim from Op Insurance company. Hence, the present complaint seeking relief as per prayer clause has been preferred by the complainant.

2.                     Upon notice, Op appeared through counsel and filed written statement raising preliminary objections qua non-maintainability of complaint, concealment of true facts and that partial theft does not cover under the policy issued to the complainant.  On merits, it has been urged that  as per the policy partial theft is not payable and the claim of the complainant has been rightly repudiated as such there is no deficiency  on the part of OP.

3.                     To prove his contention, counsel for complainant tendered  affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-7 and closed the evidence whereas on the other hand, counsel for OP tendered in evidence affidavits of Sh. Inderjit Singh & Sh.Jatin Arora as Annexures RX & RY  alongwith documents as Annexure R-1 to R-3 and closed the evidence on behalf of OP.

4.                     We have heard the learned counsels of both the parties & have gone through the records of case carefully.  From pleadings  as well as arguments advanced by parties to the complaint, it has emerged that  during the effective period of insurance, both the wheels of the motor cycle of complainant were stolen by someone on the intervening night of  02.03.2012 &  03.03.2012 and an FIR(Annexure C-4) to this effect was lodged by complainant at P.S. Baldev Nagar, Ambala City on 03.03.2012 and also informed the insurance company in this regard but despite that the OP repudiated  his claim on the very ground that  partial theft does not cover under the policy issued to complainant.

5.                     At the very outset, it is undisputed that the claim of the complainant has been repudiated by the Op insurance company vide  letter dated 12.03.2012 (Annexure C-5) referring  exclusions clause  of the policy i.e. “consequential loss, depreciation, wear and tear, mechanical or electrical breakdown, failures or breakages nor for damage  caused by overloading or strain of the insured vehicle nor for loss of or damage  to accessories by burglary, Partial Theft whereas Perusal of  Annexure R-1 i.e. terms & conditions of the policy: Section I: Loss of or Damage to the Vehicle Insured  mention that The company will indemnify the insured against loss or damage to the vehicle insured hereinunder and /or its accessories whilst thereon

                                                            (i)        xxxxxxxxxxxxxx

                                                            (ii)       By burglary housebreaking or theft..

                                                            (iii)     xxxxxxxxxxxxx etc. etc.

 6.                    In view of the above discussed facts, we have come to the conclusion that  the OP has wrongly repudiated the claim of the complainant though the vehicle alongwith its accessories is fully covered for theft as per their own terms & conditions of the policy ( Annexure R-1). Further, the version of OP that since the wheels of the motor cycle were stolen, so, it is a case of partial theft and does not cover under the policy in question is not tenable  since there is no any word of partial theft in whole of the terms & conditions of the policy as alleged.  Further the wheels of a vehicle are the most important part of it and without it a vehicle cannot be plied roadworthy.  In the present case, both the wheels of the  motorcycle have been stolen by someone  whose value has been assessed by Surveyor deputed by OP company as net payable amount to the tune of Rs.7541/- after deducting excess clause as per document Annexure R-2 for which OP is liable to indemnify the complainant as per terms  & conditions of the policy.  Accordingly, the complaint is accepted and OP is directed to comply with the following directions within a period of thirty days from the communication of this order: -

(i)        To pay a sum of Rs.7541/- to the complainant as assessed by Surveyor alongwith interest @ 9% per annum from the date of filing of complaint to till date.

2. To pay a sum of Rs.5000/- as compensation for harassment & mental agony and litigation expenses etc.

 

                                    Further the award in question/directions issued above must be complied with by the OP within the stipulated period failing which all the awarded amounts shall further attract simple interest @ 12 % per annum for the period of default. Copies of the order be sent to the parties concerned, free of costs, as per rules. File be consigned to the record room after due compliance.

 

ANNOUNCED: 08.04.2016

                                                                                                               Sd/-

                                                                                                  (A.K. SARDANA)

                                 PRESIDENT                

 

                                                                                                              Sd/-

               (PUSHPENDER KUMAR)

                                                                                                            MEMBER