Date of Filing : 25.11.2010
Date of Order : 30.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 30th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO B.Sc.B.L. …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2641/2010
Sri.Nazeer Ahmand, S/o.Rajmiya,
Aged about 32 years,
R/at No.885, Ullal Road,
Gyanajoythi Nagar,
Bangalore.
(By Advocate MSN Law Associates) ….Complainant
V/s.
1. ICICI Lombard General Insurance
Company Limited,
Rep. by its Manager,
No.89, SVR Complex,
Hosur Main Road,
Madiwala, Bangalore 560 068.
2. Al-Ameen Motor Works,
Rep. by its Proprietor
Near R.V.College of Engineering,
Mysore Road,
Bangalore 52.
(By Advocate Sri.B.C.Shivannegowda) …..Opposite Parties
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that led to be filing of the complaint under section 12 of the Consumer Protection Act seeking direction to the OPs to pay Rs. 2,00,000/- and other reliefs are necessary:-
1. The complainant had insured his goods carriage vehicle TATA-407 vehicle bearing No.KA-36-1876 with the OP1 and the sum assured was Rs.1,60,000/-. The said vehicle when left for repair with the OP2, was stolen on 03.11.2009. Hence a complaint was registered in crime No.314/09 by the jurisdictional police, who investigated and filed C report. The complainant submitted the claim form to the OP1 on 03.09.2010. The OP return the claim form on 08.08.2010. The complainant issued notice on 15.09.2010. Hence the complaint.
2.(a) In brief the version of the OP1 are:
The insurance of the vehicle is admitted. The information regarding the theft was received scrutinized and repudiated as it is barred by time. Even there is suspision regarding the theft.
2(b) In brief the version of OP2 : Theft is admitted.
3. To substantiate their respective cases the complainant and 1st OP have filed their affidavit and documents. The arguments were heard.
4. The point the arise for our consideration are
A) Whether there is deficiency in service ?
B) What order ?
5. Our answeres are
A) Negative
B) As per the detail order for the following
REASONS
6. Reading the pleadings in conjunction with the documents and records it is an admitted fact that the owner of the vehicle No.KA-36-1876 has was insured in with the OP1. According to the complainant and OP2 the said vehicle was kept in the garage of the 2nd OP and on 03.11.2009 the vehicle was stolen. Hence a complaint was lodged within the police on 08.11.2009 and not immediately. And the complainant had laid the claim for insurance with the OP on 3.9.2010. that is almost 10 months after the alleged theft. Hence the OP has rightly repudiated the claim.
7. In a case between New India assurance co. Ltd., and Thrilochan Jane in 1st appeal No.321/05 on 19.12.2009 the National Commission, and in a case between Royal Sundaram Iyers co.Ltd., and Babu Reddy in Appeal No.169.2011 on 15.06.2011 our Hon’ble State Commission and in a case between United India insurance Co.ltd., and Thrilok Koushak in Riv. Petition No. 2976/2006 on 09.11.2010 the National Commission and in a case between New India Assurance Co. Ltd., and T.V.Sarathi in Riv. Petition No.2555/2005 the National Commission on 19.03.2009 have clearly held that if the claim regarding the theft is not made with the insurance company within a reasonable time of 48 hours from the date of theft then a insurance company is not liable to reimburse party regarding the theft. These principles are applicable squarely to the facts and circumstances of this case. These judgements are not quoted in extenso in obedience the mandate of Regulation 18(5) of C.P.Regulation 2005. Hence it cannot be said there is any deficiency in service on the part of the OP. hence we hold the above points accordingly and pass the following.
ORDER
1. The complaint is dismissed.
2. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
3. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 30th day of November 2011.
MEMBER PRESIDENT
