DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 265/2016

Shri Ram Prakash Yadav

R/o H. No.645,

Prakash Nagar, Khoda Colony,

Indira Puram, Ghaziabad

U.P.                                                                                ….Complainant

Versus

1.      Iffco Tokio General Insurance Co. Ltd.,

RO: Iffco Sadan,

C-1, District Centre,

Saket, New Delhi-110017

2.      The Manager,

          Iffco Tokio General Insurance Co. Ltd.

RO: Iffco Sadan,

C-1, District Centre,

Saket, New Delhi-110017

                                                                                 ….Opposite Party

                                                Date of Institution        : 12.08.16  Date of Order                : 03.03.2020

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. Succinctly put the complainant, owner of Toyota Innova Car, got his vehicle insured from Iffco Tokio General Insurance Co. Ltd. hereinafter referred to as OP. Complainant had paid premium of Rs.13,773/- for  the insurance period valid from 04.09.2015 to 03.09.2016.
   1. It is averred by the complainant that on the night of 08.03.2016 complainant’s son was driving when the vehicle suddenly caught fire due to sparking near the steering and complainant’s vehicle got totally burned. Complainant’s son immediately called on 100 number for police help. A fire brigade vehicle came on the spot to stop the fire but by that time the vehicle of the complainant had got totally burnt. Complainant’s son gave a written complaint to the police station concerned. Copy of the complaint to the police station dated 09.03.2016 and copy of Daily Diary Entry are annexed as Annexure-C and D respectively. Copy of the Special Fire Analysis Form issued by Chief Extinguisher Officer, Fire Brigade, Aligarh is annexed as Annexure-E.
   2. It is next averred that complainant’s son informed OP regarding the said incident vide letter dated 10.03.2016 annexed as Annexure-F. It is further stated that complainant’s son deposited all the requisite documents to obtain the claim of the said vehicle to OP as per their direction. Thereafter, the complainant regularly asked OP to release the insured amount and finally sent a legal notice to OP but all in vain.

1.3   Thus, aggrieved, the complainant approached this Forum with the prayer to direct OP to issue the claim of the insurance policy i.e. Rs.3,70,000/- with interest @ 9% alongwith Rs.1,00,000/- towards compensation for mental tension, agony and litigation cost.

2. Notice was issued to the OP but none appeared on its behalf to contest the case. Hence OP was proceeded exparte vide order dated 10.01.2017.
3. Exparte evidence and written arguments are filed on behalf of the complainant.
4. Submissions of the Ld. Counsel for complainant are heard and material placed on record is perused carefully.
5. Averments made qua OP have remained unchallenged and uncontroverted. Hence there is no reason to disbelieve the version of the complainant.  
6. Complainant has filed copy of RC of the vehicle annexed as Annexure-A, copy of insurance policy as Annexure-B. On perusal of Annexure-B it is noticed that complainant had paid premium of Rs.13,733/- to OP to get his vehicle insured which was valid from 04.09.2015 to 03.09.2016. DD entry is annexed as Annexure-D and Form filled by the Fire Department annexed as Annexure-E confirms that the said vehicle caught fire on 09.03.2016 which is within the period of insurance. The complainant thereafter sent a letter to OP for processing of the claim and later sent a legal notice dated 22.07.2016 but no reply from OP was received.
7. This Forum is of the opinion that after having received the premium amount from the complainant OP is grossly deficient in service for it neither processed nor repudiated the claim of the complainant. Hence, we allow the complaint and direct OP to pay the IDV of the vehicle i.e. Rs.3,70,000/- alongwith interest @ 6% per annum from the date of filing of the complaint i.e. 12.08.2016 till realization within 45 days of receipt of copy this order. Additionally OP is directed to pay Rs.10,000/- towards compensation for harassment and litigation cost. Failing which OP shall become liable to pay interest @ 12% per annum on the amount of Rs.3,70,000/- from the date of filing of the complaint i.e. 12.08.2016 till realization.

8.     Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 03.03.2020