Orissa

Jajapur

CC/79/2014

Sunil Lenka - Complainant(s)

Versus

Manager of ICICI Lombard G.I.C Ltd - Opp.Party(s)

P.K.Das

06 Mar 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                         

                                                    Dated the 6th day of March,2017.

                                                      C.C.Case No.79 of 2014

Sunil    @ Sunil Lenka, S/O Niranjan Lenka

At-Kotasira ,   P.O./P.S. Bhandaripokhari

 Dist.Bhadrak.                                                                                                                       …………Complainant.       

   Versus.

1. Manager of I.C.I.C.I, Lambord G.I.C, Ltd,15 park street, Apeejay House Block-B

    7^th floor, Kolkata.

2. Branch Manager ,I.C.I.C.I, Lambord G.I.C ,Ltd, At.Kailash plaza,  Nisamani  Cenema

    Hall back Side, Link Road, Madhupatana, Cuttack.

3. Manager of I.C.I.C.I, Lombord G.I.C, Ltd, At.I.C.I.C.I, Lambord House-414,

    Veer Saverkar Marg, Near Sidhi Vinayak ,Temple, Pradhadevi, Mumbai.

4. Manager of H.D.F.C Bank Head Office, Retail Loan Service Center CIII, Business

    Park Second Floor Sahindnagar, Bhubaneswar.

                                                                                                                     ……………..Opp.Parties.                  

For the Complainant:                                       Sri  N.  Sahoo, P.K.Das , Advocates.

For the OPP.Parties :No.1                                 Sri G.C.Panda, Miss B.R.Rout,Advocates.

For the Other OPP.Parties.                               None                            .

                                                                                                        Date of order: 06.03.2017.

SHRI JIBAN BALLAV DAS , PRESIDENT.                                                                    

                        Deficiency in Insurance   service is the grievance of the complainant.

                                The facts as   stated by the petitioner shortly are that  the petitioner  being an employee of  L & T company Kalinga Nagar   purchased a Glamour Motor Cycle from Sanjib Auto Mobiles’s Naya bazaar ,Bhadrak after getting loan from H.D.F.C Bank, Bhubaneswar Branch. The said motor cycle was insured by O.Ps  on 27.04.13 . On 28.04.2013 the petitioner  has deposited all relevant papers in the office of R.T.O Bhadrak for registration of the motor cycle. Thereafter  on the same day after returning to his rented house at Duburi the petitioner went to market to purchase grocery items  after  locking his motor cycle infront of OEET Computer Institute. It is alleged by the petitioner that soon after returning from market the petitioner found that his new  motor cycle has been stolen. Accordingly the petitioner lodged F.I.R on 29.04.13 at 10A.M at  Kalinga Nagar P.S bearing P.S. Case No.73/13 U/S 379 I.P.C . The Investigating  officer of Kalinga Nagar P.S after investigation submitted final report on 03.05.13 before J.M.F.C, Jajpur Road in G.R. Case No.492/2013 .Further the petitioner lodged his Insurance claim to  the O.Ps and as per letter of O.Ps dt.1.03.2014 the petitioner submitted all the relevant documents along with affidavit and medical certificate in respect of his illness to the O.Ps. Further it is stated by the petitioner that as against such submitting the relevant documents the O.Ps. without settling the claim subsequently has  issued a letter asking the mis match in statement regarding  key confirmation , which is not only arbitrary but illegal according to petitioner. Accordingly  the petitioner finding no other way has filed the present dispute with the prayer to direct the O.ps to pay Rs.82,287/- with 12% interest till the date of order.

                                The O.Ps after appearance have filed the written statement denying the allegation of the petitioner . In the written statement the O.Ps. have taken the  stands  in support of the defence which are follows:

1. The allegation of the petitioner regarding theft of the motor cycle is quite false. The petitioner has claimed the Insurance claim only to gain false Insurance claim from the O.Ps.
2. The petitioner has filed a false claim since the key of the motor cycle which was received by the petitioner from the dealer at the time of purchase,  has neither  deposited the same with the financer nor before the  O.Ps , rather the petitioner has deposited a key with the O.ps which does not tally with the key supplied by the dealer at the time of purchase of Motor cycle.
3. Similarly after filing the complaint in the S.D.J.M the petitioner did not contest the case which indicates that the petitioner has filed the above complaint falsely.

More over it was the duty of the petitioner to hand over one key to the Financer since the petitioner has purchase the Motor cycle by availing loan from the H.D.F.C Bank (Financer) This fact has been intimated to the petitioner vide letter dt.25.03.2014.

Like wise the petitioner has not intimated the O.ps immediately which violates the clause of Insurance policy.

                                All the above aspects   clearly go to establish that the theft of Motor cycle is a created story of the petitioner only to gain illegal Insurance claim for which the dispute is liable to be dismissed.

                                After hearing from both the sides we are inclined to dispose of the dispute as per our observations  below:

                                Admittedly the petitioner has purchased the new  Motor cycle after availing loan from the H.D.F.C, Bank which was insured by the O.ps. Soon after the motor cycle was stolen  on 28.04.13 the petitioner not only lodged F.I.R at Kalinga nagar  P.S on 29.04.2013 bearing P.S. Case No.73/2013 U/s 379 I.P.C but also the investigating officer submitted the final report in G.R. Case No.492/2013 stating that “  facts true  no clue” .In the final report the investigating officer has come to the conclusion that” as prima facie evidence is well established against the unknown accused”.

                                Mis- matching of Motor cycle key as raised by O.ps in their defence plea may violates the provision of Insurance policy but that does not empower the Insurance Co. not to settle  the Insurance claim in favour of the petitioner since there is no evidence with the O.Ps to establish that the petitioner has created a false theft case.

                                As regards the delay in information to police as well as Insurance Co. by the petitioner regarding theft of the motor cycle we are inclined to hold that as per observation of Hon’ble Odisha State Commission reported in 2004-11-C.L.D -383, wherein it is held that

                                “ merely some delay  in informing police or Insurance company it can not be held to be false one . The petitioner also has relied on the observation of Hon’ble National Commission vide R.P.No.629/2015  wherein the Hon’ble  Commisson has   come  to the finding vide para-7  that as per clause of the policy in case of theft the petitioner is not required to give immediate information to Insurance Company. More over we have also come across with the observation of Hon’ble Supreme Court reported in 2004(2) CLT-141-SC-wherein it is held that out of two interpretations the favourable view is to be accepted.

                                In view of the above clarification we are in the considered view that the law is consequently in petitioner’s favour  for which the dispute is allowed.

O R D E R 

                                The dispute is allowed . The O.ps are directed to pay the Insurance claim of the petitioner within one month after receipt of the order , failing which the petitioner is at liberty to take shelter of this Fora  for realization of the Insurance claim . No cost.

This order is pronounced in the open Forum on this the 6th day of March,2017. under my hand and seal of the Forum                                                                                           

 

(Shri Pitabas Mohanty)                                                                                (Shri Jiban ballav Das)                                                                                                                                               

      Member.                                                                                                    ( President)                                                                         

                                                                                             

                                                                                                   Typed to my dictation & corrected by me

(Miss Smita Ray)

       Member.                                                                                            (Shri Jiban ballav Das)

                                                                                                                      (President)