NCDRC

NCDRC

RP/2555/2012

BAJAJ ALLIAZ GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

K. ESWARA PRASAD - Opp.Party(s)

MS. MANJUSHA WADHWA

22 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2555 OF 2012
 
(Against the Order dated 10/04/2012 in Appeal No. 1227/2010 of the State Commission Andhra Pradesh)
1. BAJAJ ALLIAZ GENERAL INSURANCE CO. LTD.
2nd floor,1 DLF Industrial Estate Moti Nagar
New Delhi - 110015
Delhi
...........Petitioner(s)
Versus 
1. K. ESWARA PRASAD
S/o k Durgaiah,Car Driver R/o H.No-1-86-33 Near CMR Model Town High School Sitapuram Bowenpally
Hyderabad
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MS. MANJUSHA WADHWA
For the Respondent :
Mr. D. Abhinav Rao, Advocate

Dated : 22 Jul 2013
ORDER

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioner/opposite party against the order dated 10.04.2012 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, he State Commission in Appeal No. 1227 of 2010 Mr. K. Eswara Prasad Vs. M/s. Bajaj Allianz General Insurance Co. by which, while allowing appeal, order of District Forum dismissing complaint was set aside and complaint was allowed. 2. Brief facts of the case are that complainant filed complaint before District Forum and alleged that his car AP-9-TV2927, which was insured by OP/petitioner for a period of one year commencing from 14.10.2007 to 13.10.2008 for a sum of Rs.2,60,000/- was parked by him on 22.6.2008 in front of his house. Complainant locked the car and handed over the keys to the complainant neighbour and left for Bangalore due to personal reasons. He had to stay in Bangalore for a longer period and when he returned on 4.10.2008, car was found missing. Complainant immediately lodged FIR, but car could not be traced. Complainant filed claim with the OP, but OP vide letter dated 18.3.2009 closed the claim alleging deficiency on the part of OP. Complainant filed complaint before District Forum. OP resisted claim and alleged that complainant failed to take reasonable steps to safeguard the vehicle and violated Clause IV of the policy and prayed for dismissal of the complaint. District Forum after hearing both the parties dismissed the complaint. Appeal filed by the complainant was allowed by learned State Commission vide impugned order against which, this revision petition has been filed. 3. Heard learned Counsel for the parties at admission stage and perused record. 4. Learned Counsel for the petitioner submitted that since the complainant failed to take reasonable steps to safeguard the vehicle and there was delay of more than 3 months in lodging FIR and intimation to Insurance Company, learned District Forum rightly dismissed complaint and learned State Commission has committed error in allowing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law, as all reasonable care was taken by the complainant while parking car; hence, revision petition be dismissed. 5. Perusal of record clearly reveals that car was parked by complainant in front of his house on 22.6.2008 and keys and documents of the car were handed over by the complainant to his neighbour. On 4.10.2008 when complainant returned back, he did not find his car and lodged report with the police and intimated to the Insurance Company. This is not clear when the car was actually stolen. Complainant filed his own affidavit before District Forum in which, he admitted that he enquired from his wife, who remained in the house itself and neighbours and then lodged complaint at police station. From this statement it becomes clear that during the period complainant was out of station for more than 3months, complainant wife was at home. Complainant also filed affidavit of Alkesh Kumar who has stated in his statement that complainant was residing in upper portion of his house and complainant parked his car on 22.6.2008 in front of his house and returned on 4.10.2008 and found that car was missing from that place. He has also not revealed when car was stolen. It appears that purposely no date has been given that when the car was stolen. In such circumstances, it can be presumed that car must have been stolen long back and complainant wife and his neighbour Alkesh Kumar must be aware about theft of the car. No report was lodged immediately after theft and report has been lodged by the complainant only after returning back on 4.10.2008. It is also not clear when information to OP regarding theft of car was given by the complainant. Only copy of reminder dated 21.1.2009 issued by OP to petitioner has been placed on record by which, reply was sought from complainant regarding reasonable steps to safeguard the vehicle. It appears that OP was also not intimated immediately. In F.A. No. 321 of 2005 New India Insurance Co. Ltd. Vs. Trilochan Jane, National Commission dismissed the claim of the complainant on the ground of delay as theft took place on 8.4.2000, but FIR was lodged on 10.4.2000 and intimation to Insurance Co. was given on 17.4.2000. Honle Apex Court in JT 2004 (8) SC 8 United India Insurance Co. Ltd. Vs. M/s. Harchand Rai Chandan Lal observed that delay in intimation to Insurance Company is fatal. In the case in hand, apparently there is long delay in lodging FIR and intimation to Insurance Company about theft of insured car and in such circumstances, complaint is liable to be dismissed. 6. Complainant statement is not believable. When his wife was staying at home, why keys of the car will be given to neighbour instead of his wife. He has not approached District Forum with clean hands and has purposely suppressed date of theft. 7. Consequently, revision petition is allowed and impugned order dated 10.4.2012 passed by learned State Commission in Appeal No. 1227 of 2010 Mr. K. Eswara Prasad Vs. M/s. Bajaj Allianz General Insurance Co. is set aside and complaint filed by the complainant is dismissed at admission stage with no order as to cost.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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