DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.19 OF 2018
Sri AJit Kumar Kanhar
S/O- Congress Kanhar
AT- Lambagudari, PO- Dutimendi
PS- Khajuripada, DIST - Kandhamal, Odisha ...……………… Complainant.
Versus.
1. Manager Claims,
IFFCO-TOKIO General Insurance Co.Ltd.
Bhubaneswar Office,
1st & 2nd Floor,HIG-22,
BDA Colony, Jayadev Vihar,
Bhubaneswar, Dist-Khordha,
Pin- 751013
2. Sr. Manager (Claims)
IFFCO-TOKIO General Insurance Co.Ltd.
AT- Express Tower, 3rd Floor 41-A,
Shakespeare Sarani,
Flat No- 3 A
Kolkata-70017, West Bengal
3. T.V.S. Show Room,
Back Side of Head post Office,
Phulbani, PO/PS- Phulbani
DIST- Kandhamal
4. TVS Credit Services Limited,
“Bristol IT Park”, Plot No.10,
South Phase
Thiru-VI-KA Industrial Estate, Guindy,
Chennai-600032 …………………………….. OPP. Parties.
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Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Mr. B.K.Mohanty & Associate advocate
For O.P No.1- V.V. Ramdas Advocate
For O.P No.2 -
For O.P No.3- Mr.Naresh Kumar Padhi & Pradipta Ranjan Nayak Advocate
For O.P No.4 -
Date of Argument: 06 -06 -2022
Date of Order: 22 -06 -2022
JUDGEMENT
Sri Purna Chandra Mishra .President
The complainant Sri. Ajit Kumar Kanhar has filed this case U/s 12 of this CP Act 1986 for non-payment of the insured value of the theft motor cycle amounting to this Rs, 73,115/-(Seventy three thousand one hundred fifteen) and praying therein for the direction to the O.P No.1 to pay the insured value of the Motor Cycle, pay compensation of Rs, 30,000/- for deficiency in services and a sum of Rs.10, 000/-(Ten thousand only) towards cost of litigation.
1. Brief fact leading to the case is that the petitioner is the registered owner of a Motor Cycle bearing registration No. OD 12A 2962 which was insured with IFFCO-TOKIO General Insurance Company Ltd. For an insured value of Rs. 73115/-(Seventy three one hundred fifteen) and the policy was valid from 07.06.2016 to 06.06.2017.During the force of the policy the vehicle was theft and necessary FIR was lodged before Town PS Phulbani vide Ps case No.0020 dtd.27.01.2017. Even though the petitioner submitted all documents along with the claim form, the insurance company is sitting over the matter for which being aggrieved by the conduct of the O.Ps he has filed this petition for the reliefs prayed for in the complaint petition.
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2. After receipt of notice the O.Ps appeared through their Advocates and filed written version.
3. The O.P No.1 & 2 filed their written statement jointly. In their written statement they admitted that the policy of the complainant was valid on the date of occurrence and on receipt of intimation, they appointed an investigator immediately namely Hemant Kumar Rath for further investigation of the claim. After intimation of the claim, the complainant was requested vide their letter No.21.01.2018 and 06.03.2018 to submit, the required documents for processing of the claim. As the complainant did not submit any documents they were unable to process his claim due to non-availability of documents. It is further submitted that the complainant has never submitted any documents relating to the vehicle. Since the complainant did not submit any documents, no amount of deficiency or negligence can be attributed to them and they pray for dismissal of the case with cost.
4. The O.P No.4 in his written statement has stated that the complainant has availed a loan of Rs.65, 760/-(Sixty five thousand seven hundred sixty only) from them and he was paying his installment in time. After theft of the vehicle, he foreclosed his loan account on 14.08.2017 by paying Rs.36, 960/- and NOC was generated on 17.08.2017. So for as insurance is concerned they are not party to it and as they have not caused any deficiency in any manner they pray that the case against them be dismissed with cost.
5. O.P No.3 in his written statement has stated that he has no involvement is this consumer complainant case and she pray for dropping the case against her.
6. The Petitioner in support of his case has filed a copy of the FIR, Copy of the final form, copy of the letter dtd. 30.08.2017 addressed to insurance company, copy of the RC Book of Motor Cycle No- OD12A2962.
7. The O.Ps No. 1& 2 have filed the copy of the insurance policy, copy of the letter dtd. 06.03.2018, copy of the letter dtd.21.01.2018, copy of the policy condition for two wheelers. The O. P No.3 has not filed any documents.
8. The O.P No.4 has filed a copy of the statement of accounts relating to the loan account of complainant. No oral evidence has been led by any of the parties.
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9. The only question relating to this case is that whether the copies of the documents as claimed by the insurance company vide their letter dtd. 21.01.2018 and 06.03.2018 has been submitted by the Petitioner or not.
10. On perusal of the documents filed by the Petitioner, it is seen that the petitioner has written a letter to the insurance company i.e. IFFCO-TOKIO General Insurance Company stating therein that the case is under investigation by police and has prayed for release of insured amount. Besides this paper, there is nothing on record to show that the complainant has submitted the documents as required by the insurance company for processing of the claim amount. In the absence of submission any document, it is not possible on the part of any insurance company to process a theft claim.
11. During the course of argument Ld. Counsel appearing for the insurance company fairly submitted that the fact of theft is true but they are unable to process the claim due to non-cooperation of the complainant.
12. As there is nothing on record to show that the complainant has submitted the documents, no amount of deficiency can be attributed against the insurance company and hence the order.
ORDER
The complaint petition is disposed off with a direction to the complainant to submit all the documents to the insurance company as per their letter dtd. 21.01.2018 and 06.03.2018 and the O.P No.1 is directed to receive the document from the complainant and complete the process of the claim as per law within 30days from the date of receipt of the documents. In the event of any delay beyond the stipulated period the insurance company will be liable to pay penalty of Rs.500/- daily so long as the default continues. In the peculiar facts and circumstances of the case, the parties to bear their own cost.
I Agree
MEMBER PRESIDENT
