Per :- Mr. J. L. Deshpande, President Place : Bandra -*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*- ::::: JUDGMENT ::::: Facts giving rise to this complaint may be stated, in brief, as follows :- The Opposite party is Insurance Company. The Complainant’s Tata Indica Car no.MH-04 CE-558 was insured with the Opposite party. 2 According to the Complainant, his car was taken by his friend Mr. Aakash Dwivedi for his personal use. The car was stolen on 09.12.2006 while it was parked on the road. Mr. Dwivedi lodged ं complaint with Dahisar Police Station but the car could not be traced out. The Complainant then lodged Insurance the claim with the Opposite party for the reimbursement of sum of Rs.2,89,650/- under Insurance Policy. The Opposite party –Company repudiated the claim on the ground that there was delay of 87 days in giving intimation to the Police and 92 days delay in giving intimation to the Police Station. The Insurance company asked the Complainant to explain the delay. Thereafter, the Complainant served a legal notice on the Opposite party and filed present complaint. 3 The Opposite party-Insurance co. contested the complaint by filing its written statement and took stand that there was delay of 87 days in filing complaint with the Police which delay was explained by the Complainant. During the course of argument, the Opposite party took stand that in fact incident had occurred after the policy expired on 13.12.2006 but to bring the claim during policy period, false date of incident was shown as 09.12.2006. 4 Both the sides have filed their affidavit of evidence and documents. We have heard the Learned Advocate for the Opposite party. The Complainant and his advocate were absent. Following points arise for our determination. Nos. | Points | Findings | 1 | Whether the Complainant has proved that the Opposite party is guilty of deficiency in service on account of not allowing the claim of the Complainant ? | No | 2 | What order ? | Complaint dismissed |
REASONS FOR FINDINGS :- 5 Along with the complaint, the Complainant has produced copy of the Insurance Certificate which shows that the policy was valid during the period 12.12.2005 to 13.12.2006 and sum assured was Rs.2,89,650/-. The Complainant has produced the copy of N.C. Register issued by M.H.B. Colony Police Station to show that on 09.12.2006, Mr. Diwedvi had lodged report with the said Police Station about theft of car of the Complainant. 6 As against this with the written statement, the Opposite party has produced certificate issued by M.H.B. Colony Police Station in which it was mentioned that on 05.03.2007 Mr. Dwidevi came to the Police Station and lodged complaint about theft of the car having taken place on 09.12.2006. It was clarified in the certificate that no complaint was received at Police Station about this theft on 09.12.2006 or 10.12.2006. The Complainant in his compilation of the complaint has produced copy of register regarding F.I.R., dated, 05.03.2007 lodged by Mr. Dwidevi in which date of incident is shown 09.12.2006 but there appears to be patent overwriting on digit 6 which denote year. In any case, there was delay on the part of Mr. Dwidevi in lodging the complaint. 7 The Complainant has not filed affidavit of Mr. Dwidevi to explain the delay of 87 days in filing F.I.R. with Police Station. Since, Mr. Dwidevi is alleged to be friend of the Complainant, this failure on the part of Complainant is suspicious. This lend support to the contention of the Opposite party that antidated incident has been shown to bring the claim during policy period. 8 In view of the above, we hold that the claim lodged by the Complainant with the Opposite party, regarding reimbursement of policy of Insurance was not bonafide and delay in F.I.R. was not properly explained. In view of these facts, we find that the Complainant has failed to establish the deficiency in service on the part of the Opposite party. Hence, we proceed to pass the following order. ::::: ORDER ::::: (1) The complaint stands dismissed with no order as to costs. (2) Certified copies of this order to be furnished to both the parties, free of costs, as per rule.
| | [HONABLE MRS. Mrs.DEEPA BIDNURKAR] Member[HONABLE MR. Mr. J. L. Deshpande] PRESIDENT[HONABLE MR. MR.V.G.JOSHI] Member | | 
