Delhi

East Delhi

CC/590/2016

ASHUTOSH GARG - Complainant(s)

Versus

ICICI LOMBARD - Opp.Party(s)

28 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 590/16

 

Shri Ashutosh Garg

S/o Shri Vinod Kumar Garg

R/o 7/531, 2^nd Floor, Church Road

Near Shakti Mandir, Jwala Nagar

Shahdara, Delhi – 110 032                                          ….Complainant

 

Vs.    

 

1. M/s. ICICI Lombard Gnen. Ins. Co. Ltd.

414, Veer Savarkar Marg

Near siddhi Vinayak Temple

Prabhadevi, Mumbai – 400 025

 

Also at:

C/o Himgiri Automobile Pvt. Ltd.

A-74, Main Road, Kanti Nagar,

Krishna Nagar, New Delhi.                                             …Opponent

 

 

Date of Institution: 07.11.2016

Judgement Reserved on: 28.08.2019

Judgement Passed on: 02.09.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Ashutosh Garg against       M/s. ICICI Lombard General Insurance Company Limited (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant purchased a Hero Honda HD Deluxe Motor Bike bearing registration no. DL 14 SD 2171 dated 07.08.2013 under policy/cover note no. 3005/82056687/00/000.  On 03.04.2014, the motor cycle was parked at 9 p.m. at gate no. 19, Mangal Bazar, Laxmi Nagar, Delhi – 110 092.  As the motor cycle was not found at that place, FIR no. 720 had been registered on 06.04.2014 in the police station Shakarpur, East Delhi District.  An untraced report was submitted by the police on 27.04.2014 under Section 379 of IPC. 

            It was stated that as per requirement of insurance company, the complainant sent all the documents by post on 24.07.2014 to M/s. ICICI Lombard General Insurance Company Limited (OP).  The complainant received a letter dated 24.07.2014 from OP stating that the vehicle in question has been recovered at P.S. Adampur, Amroha.  The complainant enquired the same and found that no such vehicle was lying in P.S. Adampur, Amroha, UP.  He intimated the same to the insurance company, but they did not pay any attention. 

            It was further stated that the complainant filed a RTI dated 05.05.2016 to the PIO, Uppar Police Adhikshak, District Amroha, UP seeking the information in respect of the vehicle lying in P.S. Adampur.  Existence of the vehicle in question was denied vide its reply of dated 16.05.2016. 

            Feeling aggrieved by the acts of M/s. ICICI Lombard General Insurance Company Limited (OP), the complainant has filed the present complaint and prayed for directions to OP to pay Rs. 50,000/- alongwith 24% interest towards insurance claim; compensation of Rs. 30,000/- for mental pain and Rs. 20,000/- towards litigation charges.

3.         In the reply filed on behalf of M/s. ICICI Lombard General Insurance Company Limited (OP), they have stated that the complaint was time barred as the complaint was filed after 04.11.2016 and the claim was closed on 24.07.2014. 

It was stated that the vehicle in question was stolen on 03.04.2014 and the incident was reported to the police on 06.04.2014 (delay of 3 days).  Insurance company was intimated regarding the theft of vehicle on 04.04.2014 (after delay of 1 day). 

After receiving the intimation regarding theft, OP appointed surveyor to investigate the theft incident.  During the pendency of claim, the vehicle of the complainant was recovered by the police of P.S. Adampur, Amroha, UP and accordingly the complainant was intimated by OP vide letter dated 24.07.2014 alongwith copy of photograph of recovered vehicle with the same chassis number.   As the vehicle of the complainant was recovered, the liability of OP under the policy was discharged, therefore, the claim was closed.  Other facts have also been denied.

4.         Complainant have filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. 

            In defence, OP-2 have examined Shri Vinod Sharma, Senior Service Manager of OP, who have also deposed on affidavit.   He has also narrated the facts which have been stated in the WS.  He has got exhibited copy of policy certificate alongwith terms and condition of policy (Ex.OPW-1/A) and copy of letter dated 24.07.2014 and photograph (Ex.OPW-1/B).

6.         We have heard Ld. Counsel for the complainant and have perused the material placed on record.  The counsel for OP have not appeared to argue, but the pleas taken in the written statement are taken up.  The first and foremost point has been that there was delay in filing the complaint.  Secondly, the vehicle of the complainant was traced for which information was given to the complainant.  Thus, their liability was discharged. 

            On the other hand, Ld. Counsel for the complainant have stated that delay in filing the complaint have been condoned on his moving the application for condonation of delay.  With regard to the vehicle of complainant traced, he has stated that he has got the information through RTI which does not say so. 

            To appreciate the arguments of Ld. Counsel for the complainant, the evidence on record has to be perused.  Firstly, the point of delay is taken up.  If the order sheets are perused, it is noticed that complainant moved an application for condonation of delay which was disposed off by the order of this Forum on 17.05.2017 by which the delay has been condoned.  Therefore, this plea of OP goes. 

Coming to the second plea, it is noticed that the complainant sought information through RTI where under point no. ‘D’, the information was asked as to whether the stolen vehicle have been recovered by the police official and was available at P.S. Adampur, Amroha.  The answer to this have been given as ‘NIL’.  Thus, from this, it comes out that vehicle of the complainant was not recovered and the same was not available at P.S. Adampur, Amroha. 

If the intimation letter of ICICI Lombard of dated 24.07.2014 is perused, it is noticed that they have written this information without the basis of any information received from P.S. Adampur, Amroha. In the presence of information sought by the complainant through RTI, this version of ICICI Lombard that vehicle of the complainant was recovered does not hold good.  Therefore, no reliance can be placed on this letter.  Thus, the fact remains that vehicle of the complainant was not recovered as stated by ICICI Lombard. 

As far as other pleas with regard to delay in lodging the FIR and delay in intimation to the insurance company are concerned, there is only delay of 3 days in informing to the police station and one day to the insurance company.  The delay is insignificant which does not come in the way of substantive justice.

When the vehicle of the complainant was not recovered and it was insured with the insurance company, certainly, by rejecting the claim of the complainant without any cause, it amounts to deficiency on the part of insurance company.  That being so, the complainant was entitled for the amount payable under the policy.  Further, he was entitled for compensation on account of mental agony and harassment as his claim was rejected without any reason.

In view of the above, we order that complainant be paid an amount of Rs. 40,850/- being the IDV value and compensation of Rs. 30,000/- on account of mental pain and agony which includes the cost of litigation.  This amount be paid within a period of 30 days from the date of receipt of order.  If not paid, total amount of Rs. 70,850/- shall carry 9% interest from the date of order.   

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

        Member                                                                                President