District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 90/2023.
Date of Institution: 07.02.2023.
Date of Order:16.08.2023.
Avinash Gera S/o Shri Jagan Nath Gera R/o House NO. 5N-13, NIT, Faridabad. Haryana – 121001.
…….Complainant……..
Versus
ICICI Lombard General Insurance Company Limited, SCO 17, First floor, Sector-16, Faridabad – 121002 through it branch Manager.
…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. D.K.Gosain, counsel for the complainant.
Sh. Rakesh Dabaas, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was the owner of Ford Endeavour 3.2L Titanium At 4x4 bearing registration No. CH01-CA-4693 bearing chassis No. MAJAXXMRWAJB82098 and engine No. JB82098. The aforesaid vehicle was purchased by the complainant from its previous owner Lal Singh through dealer New Vipin Motors, Delhi, and at the time of purchase of the aforesaid vehicle by the complainant it was insured with the opposite party company in the name of Lal Singh vide policy No. 3001/2222202327637/00/B00 for the period 21.07.2020 to 20.07.2021 or total IDV Rs.26,49,040/-. On purchase of Ford Endeavour bearing registration No. CH01-CA-4693 bearing chassis No. MAJAXXMRWAJB2098 and engine No. JBV82098 by the complainant policy No. 3001/202327637/00/B00 was got transferred by the complainant on payment charges of the insurance company and an endorsement in that regard was issued by the opposite party bearing endorsement No. 3001/202327637/00/B00 was got transferred by the complainant on payment of charges of the insurance company and an endorsement in that regard was issued by the opposite party bearing endorsement No. 3001/202327637/00/B02 effective for the period 16.10.2020 to 20.07.2021. The complainant got renewed the said policy from the opposite party in his own name for the period 21.07.2021 to 20.07.2022 bearing policy No. 3001/223926413/00/000 for total IDV of Rs.26,00,000/- The complainant parked his vehicle No. Ch01-CA-4693 Ford Endeavour in front of his house on 19.12,2021 at about 11 p.m. by locking the vehicle and when the complainant woke up in the morning on 20.12.2021, he found that vehicle in question was nt0o there and missing, on this the complainant at about 07:45 A.M. intimated and lodge the complaint at 100 number regarding theft of his vehicle. The complainant lodged the FIR No. 0401 dated 20.12.2021 with P.S.NIT, Faridabad with regard to theft of his vehicle as well as his purse and other documents which were lying in the said vehicle. The complainant immediately informed the opposite party- insurance company regarding theft of his vehicle No. Ch01-CA-4693 For Endeavour and the opposite party company registered motor theft claim the appointed company appointed GR services, Investigator and surveyor for investigation and assessment of loss. The complainant provided all the relevant documents required by the surveyor of the opposite party company as demanded by him and the complainant also informed RTO office – Panchkula vide letter dated 24.12.2021 sent through speed post regarding theft of vehicle and made request not to transfer speed post regarding theft of vehicle and made request not to transfer the registration in the nae of any other person and also submitted the documents in the name of any other person and also submitted the documents to the RTO office. The police after thorough investigation could not found the vehicle in question and submitted untraced report of JMC Faridabad which was accepted by the court of sh. M.Z.Khan, JMIC, Faridabad on 4.4.2022. After receiving certified copy of the untraced report, complainant sub mitted the same to the opposite party company. All the relevant required documents and information as demanded from time to time were provided to the insurance company and its surveyor but the opposite party – insurance company with malafide intention had been harassing the complainant by demanding unnecessary and irrelevant documents from the complainant by demanding unnecessary and irrelevant documents from the complainant however the complainant provided all the information and documents to the insurance company. In this regard emails were also sent to the opposite party –insurance company but inspite of receipt of the documents, the opposite party company closure letter dated 28.06.2022 mentioning therein regarding pending documents as below:
i) Sale/purchase agreement and transaction proof for purchase of vehicle.
2) Address proof submitted in RTO records during registration of vehicle.
3) Original court certified untraced report.
4) Intimation in RTO regarding loss of vehicle to keep the file in safe custody and lock it, duly acknowledged and stamped by the concerned RTO.
The opposite party mentioned in the letter “Please note that his above mentioned claim was closed in their record and could not be processed further due to failure of document to be provided from their end. It was pertinent to mention here that when the complainant purchased the vehicle, he was temporarily residing at Chandigarh and was having this Adhaar card. The complainant also submitted that after transfer of the vehicle in question in the name of the complainant and submitted that after transfer of vehicle in question in the name of the complainant, the opposite party company transferred the policy No. 3001/202327637/00/B02 for the period 16.10.2020 to 20.07.2021 and at that the opposite party had taken the copy of RC, copy of aadhar card, KYC details. Further the opposite party renewed the said policy in the name of the complainant bearing policy NO. 3001/223926413/00/000 valid for the period 21.07.2021 to 20.07.2022 therefore now the question of issuance of closure letter dated 28.06.2022 did not arise.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) make the payment of insured value of Rs.26,00,000/- alongwith upto date interest at the rate of 18% p.a. from the date of loss till payment/realization.
b) pay Rs.1,00,000/- towards transportation expenses as incurred by the complainant.
c) pay Rs. 3,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 55,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that at the very threshold of the allegations contained in the complaint, the complainant had violated the terms and conditions of the insurance policy by not supplying the requisite documents/information to the insurance company despite numerous correspondence so as to process the claim. The complainant had neither any cause of action nor locus standing to file the present complaint. It was submitted that the complainant had submitted his claim NO. MOT11730031 as to theft of Ford Endeavour No. CH-01-CA-4693 vide claim form dated 14.03.2022. Thereafter, the insurance company had deputed an independent investigator Viz. M/s. G.R. Services so as to ascertain the genuineness & veracity of the said claim. During process of the claim, the insurance company found that there was requirement of more requisite documents too so as to process the claim but despite letters and reminder thereto at the end of the said investigator & the insurance company vide dated 05.03.2022, 02.04.202 & 28.06.2022, the complainant had not forwarded any response in this regard. Since, the complainant had not produced the requisite documents to the insurance company well within the stipulated period, hence the insurance company had arrived at the decision in treating such claim as “closed” by closing the claim file by following the guidelines of the insurance company under letter of intimation dated 28.06.2022, which decision cannot be termed unconscionable at all. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–ICICI Lombard General Insurance Company Limited with the prayer to: a) make the payment of insured value of Rs.26,00,000/- alongwith upto date interest at the rate of 18% p.a. from the date of loss till payment/realization. b)pay Rs.1,00,000/- towards transportation expenses as incurred by the complainant. c) pay Rs. 3,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 55,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Avinash Gera, Ex.C-1 – Insurance policy for the period 21.07.2020 to 20 July, 2021, Ex.C2 –Endorsement schedule of Private car package policy, Ex.C3 – Certificate of insurance cum policy schedule valid from 21.07.2021 to 20.07.2022, Ex.C-5 - order dated 04.04.2022 passed by Shri M.Z.Khan, Judicial Magistrate, Ist class, Ex.C-6 driving licence, Ex.C7 – pad card, Ex. C-8 – adhaar card, Ex. C-9 – email dated 01.09.2022, Ex. C-10 Email dated 14.09.2022, Ex.C11 to 14 – emails,Ex.C-15 – closure letter, Ex.C-16 – email dated 31.08.2022, Ex.C17to 19 - emails,
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Rohan Mishra, Manager (Legal), M/s. ICICI Lombard General Insurance Co. Ltd. 4th floor, Red Fort Capital Parsvnath Tower, Bhai Veer Singh Marg, Gole Market, New Delhi – 110 001, Ex.R-1 – Certificate of registration,, Ex.R-2 - Registered Vehicle Details,, Ex.R-3 – Motor policy,, Ex.R-4 – FIR, Ex.R-5 – Motor Theft Claim Form,,Ex.R-6 – G.R.Services, Ex.R-7 – letter written by the complainant to ICICI Lombard, Ex.R-8 – letter dated Mar.05,2022 (Reminder1), Ex.R-9 – letter dated Apr.02,2022 (Reminder 2), Ex.R-10 – closure letter dated June 28,2022.
6. In this case, the complainant was the owner of Ford Endeavour 3.2L Titanium At 4x4 bearing registration No. CH01-CA-4693 bearing chassis No. MAJAXXMRWAJB82098 and engine No. JB82098. The aforesaid vehicle was purchased by the complainant from its previous owner Lal Singh through dealer New Vipin Motors, Delhi, and at the time of purchase of the aforesaid vehicle by the complainant it was insured with the opposite party company in the name of Lal Singh vide policy No. 3001/2222202327637/00/B00 for the period 21.07.2020 to 20.07.2021 or total IDV Rs.26,49,040/- vide Ex.C1. On purchase of Ford Endeavour bearing registration No. CH01-CA-4693 bearing chassis No. MAJAXXMRWAJB2098 and engine No. JBV82098 by the complainant policy No. 3001/202327637/00/B00 was got transferred by the complainant on payment charges of the insurance company and an endorsement in that regard was issued by the opposite party bearing endorsement No. 3001/202327637/00/B00 was got transferred by the complainant on payment of charges of the insurance company and an endorsement in that regard was issued by the opposite party bearing endorsement No. 3001/202327637/00/B02 effective for the period 16.10.2020 to 20.07.2021. The complainant got renewed the said policy from the opposite party in his own name for the period 21.07.2021 to 20.07.2022 bearing policy No. 3001/223926413/00/000 for total IDV of Rs.26,00,000/- The complainant parked his vehicle No. Ch01-CA-4693 Ford Endeavour in front of his house on 19.12,2021 at about 11 p.m. by locking the vehicle and when the complainant woke up in the morning on 20.12.2021, he found that vehicle in question was not there and missing. As per Ex.C-4, the complainant lodged the FIR No. 0401 dated 20.12.2021 with P.S.NIT, Faridabad with regard to theft of his vehicle as well as his purse and other documents which were lying in the said vehicle. The complainant immediately informed the opposite party- insurance company regarding theft of his vehicle No. Ch01-CA-4693 For Endeavour and the opposite party company registered motor theft claim the appointed company appointed GR services, Investigator and surveyor for investigation and assessment of loss. It is evident from Closure letter vide Ex.R-10 in which it has been mentioned that claim is closed due to non submission of documents.
7. After going through the evidence led by parties, the Commission is of the opinion that the complaint is allowed. Opposite party is directed to process the claim of the complainant, subject to submission of documents, as recommended by the opposite party in their letters dated Mar.05,2022, Apr.02,2022 & June 28,2022 within 30 days of receipt of the copy of order and pay the IDV value to the complainant along with interest @ 9% p.a. from the date of filing of complaint till its realization. The opposite party is also directed to pay Rs.5500/- as compensation on account of mental tension, agony and harassment and Rs.5500/- as litigation expenses to the complainant. Copy of this order be given to the parties free of costs and file be consigned to record room.
Announced on: 16.08.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
