DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.480 of 2015
Date of institution: 17.09.2015 Date of decision : 13.02.2017
Mahinder Singh son of Puran Singh, Village Kanauli, Tehsil Kalka, District Panchkula.
……..Complainant
Versus
1. IFFCO Tokyo General Insurance Co. Ltd., registered office at IFFCO Sadar, C-1, District Centre, Saket, New Delhi through its authorised representative.
2. IFFCO Tokyo General Insurance Co. Ltd., 5-C/1, Sheetal Complex, Ground Floor, Rajbaha Road, Patiala through its authorised representative.
3. IFFCO Tokyo General Insurance Co. Ltd., Plot No.2-B, 4th Floor, Sector 28-A, Madhya Marg, UT Chandigarh through its authorised representative.
………. Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Ms. Natasha Chopra, Member.
Present: Shri Tarun Gupta, counsel for the complainant.
Shri Simrandeep Singh, counsel for the OPs.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Mahinder Singh has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
The complainant got insured his truck bearing registration No.HR-68-A-2962 with the OPs for the period 12.03.2014 to 11.03.2015 for a total value of Rs.13,50,000/-. Unfortunately the insured truck of the complainant was stolen on 27.06.2014 when it was parked near Petrol Pump, Kakrali, Tehsil Dera Bassi District Mohali. Information about theft of truck was given to the police on 28.06.2014 and DDR No.13 date 04.07.2014 was lodged with the Police Station Dera Bassi. The complainant also intimated the OPs about theft of the vehicle and submitted the documents required to process the claim. Having no response from the OPs regarding his claim, the complainant got issued legal notice dated 19.11.2014 but no reply was given by the OPs to the legal notice also. However, OP No.1 vide letter dated 21.05.2015 demanded certain documents which the complainant immediately supplied to the OP No.1. Till date the claim has not been settled by the OPs. Hence the complainant has sought direction to the OPs release him the claimed amount of Rs.13,50,000/- alongwith interest @ 18% per annum w.e.f. 28.06.2015 till realisation; to pay him Rs.50,000/- for mental harassment and Rs.22,000/- as costs of litigation.
2. The OPs in the preliminary objections of their written statement have pleaded that no cause of action has arisen in favour of the complainant to file the complaint against the OPs. The surveyor appointed by the OPs has submitted his report dated 21.10.2014. The complaint is bad for non joinder and mis-joinder of necessary parties as the vehicle was got financed by the complainant from L&T Finance Company who has not been made a party. The fact of theft was intimated by the complainant to the Ops after several days which is violation of terms and conditions of the policy. The complainant failed to submit documents inspite of issuance of letters dated 19.03.2015, 20.04.2015, 19.05.2015 and 21.05.2015 by the OPs. The National Permit supplied by the complainant does not cover the date of theft. The claim cannot be considered without original set of keys which the complainant has not provided to the OPs. The OPs are ready to settle the claim on Non Standard basis and ready to give him payment after deducting 50% of the insured amount in his name provided No Objection Certificate from the finance company. On merits, the OPs have taken the similar stand which they have taken in the preliminary objections and sought dismissal of the complaint against them.
3. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of insurance policy Ex.C-1; legal notice Ex.C-2; letter Ex.C-3; reply to the letter Ex.C-4 and certificate of permit from the Regional Authority, Panchkula Ex.C-5. In rebuttal the OPs tendered in evidence affidavit of Shri Sanket Gupta, their Vice President Ex.OP-1/1; copies of investigation report Ex.OP-1; letter of L&T Finance dated 23.07.2014 Ex.OP-2; letter dated 19.03.2015 Ex.OP-3; reminders dated 20.04.2015, 19.05.2015 and 21.05.2015 Ex.OP-04 to OP-6; National permit Ex.OP-7; insurance policy Ex.OP-8; terms and conditions Ex.OP-9; claim scrutiny sheet Ex.OP-10; verification report of National Permit Ex.OP-11 and Ex.OP-12.
4. The learned counsel for the complainant has submitted that the OPs have not settled the claim of the complainant despite submission of the requisite documents. Learned counsel has argued that the complainant had duly informed the OPs as well as the police about the theft of the vehicle.
5. On the other hand, learned counsel for the OPs has argued that the complainant has not promptly informed the OPs about theft of the vehicle. The complainant has also not provided the OPs the requisite documents for processing his claim despite issuance of various letters by the OPs. At the most the OPs are ready to settle the claim on Non Standard basis and also give him payment after deducting 50% of the insured amount in his name provided No Objection Certificate from the finance company.
6. After hearing the learned counsel for the parties and going through the pleadings, evidence and the written as well as oral submissions, it is established from the material placed on record that the OPs had asked the complainant vide letter dated 19.03.2015 Ex.OP-3 followed by reminder dated 20.04.2015 Ex.OP-4; dated 19.05.2015 Ex.OP-5 and dated 21.05.2015 Ex.OP-6 to supply them the certain documents and original keys of the vehicle in order to process the claim of the complainant. However, the complainant has not supplied the requisite documents to the OPs due to which the OPs could not process the claim of the complainant. On the other hand the complainant has not produced any document to show that he has supplied the requisite documents and keys of the vehicle to the OPs. Thus, we hold that the OPs are not deficient in processing the claim of the complainant. Rather it is the complainant who has not supplied the requisite documents to the OPs.
7. Accordingly, in view of our aforesaid discussion, we direct the complainant to submit the requisite documents and keys of the vehicle to the OPs within a period of 15 days from the receipt of certified copy of this order. The OPs are further directed to process the claim of the complainant within 30 days of receipt of requisite documents and keys of the vehicle. The complaint is disposed of accordingly with no order as to costs.
The arguments on the complaint were heard on 06.02.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 13.02.2017
(A.P.S.Rajput)
President
(Ms. Natasha Chopra)
Member
