Orissa

Sambalpur

CC/3/2016

Sri Bachha Ram Sahu - Complainant(s)

Versus

Legal Manager (Reliance Centre) - Opp.Party(s)

Sri P.K. Panigrahi

27 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 3/2016

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Sri. Bachha Ram Sahu,

S/O- Shyam Lal Sahu

R/O-Charbhati, Po/PS-Dhanupali

Dist-Sambalpur, Odisha.        

Permanent resident of At/Po/Ps-Changora Bhata,

Raipur, Chhatishgarh, C.G.                                           ……..          …..Complainant

Vrs.

1. The Office Heard/In charge/Legal Manager,

Reliance Centre, 19, Walchand Hirachand Marg,

Ballard Estate, Mumbai-400001.

2. The Legal Manager,

Reliance General Insurance 570

Naigaum Cross Road,

Next to Royal Industrial Estate,

Wadala(w), Mumbai-400031.

3. The Branch Manager,

Reliance General Insurance

2^nd Floor, 5 Janpath, Unit No-3,

Bhubaneswar G.P.O. Khorda,

State-Odisha, PIN-751001                                   ……..          ….….Opp. Parties

Counsels:-

1. For the Complainant       :-         Sri. P.K.Panigrahi, Advocate & Associates.
2. For the O.P.s                     :-         Sri. B.K.Purohit, Advocate & Associates.

 

DATE OF HEARING :04.07.2022, DATE OF JUDGEMENT : 27.07.2022

Presented by Sri Sadananda Tripathy, Member.

1. The facts of the complainant/Petitioner are that The Petitioner is the registered owner of Mahindra Bolero Camper SC XL bearing registration no. CG 04 JC 4371, Chasis No. MA1ZN2GHKB1J48337, Engine No. GHB1J81951, which was a commercial vehicle. The Complainant had purchased insurance for his vehicle from the O.Ps i.e, Reliance General Insurance, having Policy Certificate No. 6010542334000628 dtd. 25.09.2014 bearing Regd. No. CG 04 JC 4371 and after payment of premium amount of Rs. 20,369/- along with Total own Damage Premium (A) of Rs. 3,538/- , the said Reliance Company issued the policy certificate to the Complainant through O.P No. 3. The total IDV is fixed at Rs. 2, 90,000/-. The period of insurance covered for the vehicle was from 25.09.2014 to 24.09.2015 midnight. The Complainant was using the said vehicle for earning his livelihood and to maintain his family containing his wife, three children and his old parents who are totally depends upon the income of the Complainant. The Complainant was used to run his vehicle from 7 A.M to 8 P.M. daily and parked the said vehicle at Charbhati Chowk, near petrol Pump, Sambalpur at night, as because it was closer to the rental house where the Complainant was staying. Unfortunately on dt. 19/20.01.2015 night the Complainant had parked the said vehicle, found on the next day morning at about 7.30 A.M was not there. After a lot of search the Complainant unable to trace out the said vehicle and reported the matter to the IIC, Dhanupali P.S and lodged his F.I.R on 20.01.2015 and subsequently, the Hon’ble S.D.J.M, Sambalpur registered the said P.S. Case as G.R Case No. 186 of 2015 . A theft case was lodged in this connection. But after due search and investigation the police personals could not trace out the same and after all sincere efforts no fruitful result yield. Hence, the police submitted his report as F.R.T. vides No. 203, dtd. 31.07.2015, U/S. 379 IPC, and returned the case to the Hon’ble S.D.J.M, Sambalpur for necessary action. The Complainant immediately after theft of his vehicle informs the matter to the agent of the O.Ps.,  namely Shashi Shekhar Patel through whom the Complainant  had purchased the said insurance. The O.P No. 3 gave assurance to the Complainant that after submission of final form/final report by the police, the Complainant will get the insurance amount or a new vehicle will be provided to the Complainant in lieu of theft of the insured vehicle. The Complainant several times visited the office of the O.P. No. 3 at Bhubaneswar and submitted his entire original and xerox copy of his documents in connection to the said insured vehicle but all in vein. At last finding no other alternatives the Complainant through his lawyer served an advocate notice to the O.Ps. on dtd. 10.12.2015, demanding the payment of Rs. 2, 90,000/- with interest from the date of theft or to provide a new vehicle of the same model but the O.Ps did not gave any reply.
2. The written version of the O.Ps is that the case against the O.Ps is not maintainable in the eye of law and on the facts available on records. The present case is not a consumer dispute as per the provisions of CP Act. There was also never any deficiency in rendering services by the O.Ps so as to attract the provisions of the CP Act. There is jurisdictional error in filling of the complaint petitione at Sambalpur. The Policy was obtained by the Complaint from the office of the Reliance General Insurance Co. Ltd. At Raipur and the claim was also processed by themHence, the case should have been filed before the Consumer Forum at Raipur, but not at Sambalpur. There is also no office of the O.Ps at Sambalpur. In due course of the Policy, it was intimated by the Complainant to the O.Ps on 02.02.2015 that the insured vehicle was subjected to theft on 20.01.2015, which is after a delay of 13/14 days. However, to ascertain the genuineness, the insurance Company vide Registered Letter dtd. 03.02.2015, addressed as per the Motor Claim Form as well as the Policy, requested the insured to explain the delay in intimating the Insurance Company, which is violative of the Condition No. 1 of the Policy which requires that notice should be given in writing to the Insurance Company immediately upon the occurrence of any loss. Since there was no response from the insured, another reminder was given to the insured vide Registratered Letter dtd. 16.04.2015 wherein also some documents were called for by the Insurance Company along with one indemnity bond, so as to reach the Insurance Company within 15 days. There was also no response to that letter of the Insurance Company from the side of the insured. Hence, the claim remained as such. Further in their version the O.Ps admitted that the policy of insurance was issued by the insurance Company covering the period from 25.09.2014 to 24.09.2015 and the Complainant intimated about the alleged theft of the vehicle to the O.Ps. But the Complainant has failed to mention anywhere in the complaint petition about the date of information submitted to the Insurance Company about the alleged theft. However, the Insurance Company vide letters dtd. 0302.2015 & 16.04.2015 requested the insured to submit the required documents to process the claim and wanted to know the delay in intimation and both the letters were served to the insured with Registered post with AD, the insured deliberately failed to comply the same and, now in order to escape from the terms of the contract of insurance, has filed the case to make illegal gain from the Insurance Company.
3. The Complainant had purchased insurance for his vehicle from the O.Ps i.e, Reliance General Insurance, having Policy Certificate No. 6010542334000628 dtd. 25.09.2014 bearing Regd. No. CG 04 JC 4371. So the Complainant is a consumer of the O.Ps under the Provision of Consumer Protection Act. In the version of the O.Ps mentioned that the Insurance Company vide letters dtd. 03.02.2015 & 16.04.2015 requested the insured to submit the required documents to process the claim and wanted to know the delay in intimation and both the letters were served to the insured with Registered post with AD, the insured deliberately failed to comply the same but the O.Ps have not submitted the copy of the said letter. In the other hand the Complainant has submitted the copy of the advocate notice of dtd. 10.12.2015 along with postal Receipts,  in which it is clearly mentioned that the Complainant immediately after theft of his vehicle informed the matter to the agent of the O.Ps., namely Shashi Shekhar Patel through whom the Complainant  had purchased the said insurance. The Complainant several times visited the office of the O.P. No. 3 at Bhubaneswar and the O.P No. 3 gave assurance to the Complainant that after submission of final form/final report by the police, the Complainant will get the insurance amount or a new vehicle will be provided to the Complainant in lieu of theft of the insured vehicle. The Complainant also submitted his entire original and Xerox copy of his documents in connection to the said insured vehicle but all in vein. Further in the condition I submitted in the version of the O.Ps clearly mentioned that “In case of theft or criminal act which may be the subject of a claim under this Policy, the insured shall give immediate notice to the police and co-operate with the Company in securing the conviction of the offender”.  In this case the Complainant reported the matter immediately to the IIC, Dhanupali P.S and lodged his F.I.R on 20.01.2015.  As per his version, the Complainant has also visited several times to the office of the O.P. No. 3 at Bhubaneswar. The O.Ps have not taken any case.

Accordingly the O.Ps are directed to pay Rs. 2, 90,000/- toward cost of the insured stolen vehicle along with 7% up-to-date interest from the date of theft., Rs. 30,000/- towards mental agony and deficiency in service of the O.Ps, Rs. 20,000/- towards financial loss of the complainant and Rs. Rs. 3,000/- towards cost of the case to the complainant within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 27^th day of July, 2022.

Free copies of this order to the parties are supplied.