Delhi

North East

CC/125/2023

Shyam Narayan Singh - Complainant(s)

Versus

M/s Royal Sundaram General Insurance Co. Ltd. - Opp.Party(s)

30 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.125/23

In the matter of:

 

	Sh. Shyam Narayan Singh, S/o Sh. Parmanand Singh, R/o H.No. 68, Gali No. 1, Saboli Khadda, Mandoli, North East, Delhi 110093   Also at: H.No. B-16/37, Rahul Garden, Hazipur, Loni, Ghaziabad, Uttar Pradesh 201102	Complainant
	Versus
	M/s Royal Sundaram General Insurance Co. Ltd., Corporate Claims Department, Vishranthi Melaram Towers, No. 2/319, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai 600097 Through its General Manager   Also at: Unit No. 801 A, 8th Floor, Devika Tower, Nehru Place, New Delhi, Delhi UT 110019 Through Branch Manager	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

09.05.2023 23.02.2024 30.04.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

 

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant was the registered owner of an E-rickshaw bearing registration no.                         DL 11 EA 5837. Complainant stated that his E-rickshaw was insured by the Opposite Party. The period of the insurance was from 10.12.2021 to 09.12.2022. Complainant stated that on 19.01.2022, his E-rickshaw was stolen and in this regard he registered an FIR bearing no. SHD-GTE-000027 dated 19.01.2022 at P.S GTB Enclave Shahdara. Complainant stated that on 27.01.2022 he again registered an FIR bearing no. 002147. Complainant stated that he submitted the claim form and untraced report before the Opposite Party but Opposite Party did not pay the insurance claim till date despite repeated requests and demand. It is his case that one official of Opposite Party came and he got written from him that one of the key of the said vehicle was left in the vehicle so that the claim of the Complainant would be paid and as per the direction of the said official, he wrote the same. Complainant stated that vide a letter dated 18.07.2022 Opposite Party wrongly and illegally rejected the claim of the Complainant. Complainant sent a legal notice dated 12.09.2022 to the Opposite Party but Opposite Party neither reply nor paid the insurance claim till date. Hence, this shows the deficiency of service on the part of Opposite Party. Complainant has prayed for Rs. 1,02,000/- as insurance claim along with pendentilite and future interest @ 24 % p.a. from the date of filing the complaint and Rs. 50,000/- as compensation.
2. None has appeared on behalf of the Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against ex-parte vide order dated 11.08.2023.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that his E-rickshaw was stolen on 19.01.2022 and at the time of said theft his E-rickshaw was insured by the Opposite Party. His case is that he had lodged an FIR regarding the theft of the E-rickshaw and he also submitted the Untraced report to the Opposite Party. His case is that the official of the Opposite Party came to him and told him to give in writing that key of the E-rickshaw was left in the E-rickshaw when it was stolen.
5. Complainant has filed copy of the insurance policy regarding his E-rickshaw and the perusal of the same shows that at the time of the theft of the E-rickshaw the same was insured by the Opposite Party. The IDV of the said E-rickshaw was Rs. 1,02,000/-. The Complainant has also filed a letter dated 18.07.2022 issued by the Opposite Party to the Complainant whereby the claim of the Complainant was rejected. The relevant part of the said letter is reproduced as under:

“With reference to the aforementioned theft claim that was reported to us on 20.01.2022 and our earlier letter dated 21.01.2022.

 

We observe from the claim papers and investigation that:

• One of the original ignition key is left unattended by you in the vehicle at the time of loss/theft.
• However, you have submitted one ignition key for the vehicle. On verification, we came to understand that they key is unused. Even the clarification given by you finds inconsistence.

 

From the above, we observe that

 

• No proper steps taken you you to safeguard the vehicle from loss/theft.
• There has been a Material Misrepresentation of fact with regards to ignition keys of the vehicle.”

 

6. It is not the case of the Complainant that he did not leave the key of the  E-rickshaw inside the E-rickshaw when it was stolen. It is also not his case that he has handed over both the keys to the surveyor of the Opposite Party. Therefore, it is held that at the time of the theft of the E-rickshaw, the Complainant has left one key of the E-rickshaw inside the E-rickshaw.
7. Admittedly, the E-rickshaw was under insurance at the time of the theft. Therefore, in the present case the claim of the Complainant can be allowed on the basis of Non Standard Basis as the violation of the policy, if any, was not fundamental. Therefore, it would be in the interest of justice, if the claim of the Complainant is allowed on Non Standard Basis by paying 75 % of the IDV.
8. In view of the above, the Opposite Party is ordered to pay an amount of  Rs. 76,500/- (i.e. 75 % of the IDV i.e. Rs. 1,02,000/-) to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. Opposite Party is also ordered to pay an amount of Rs. 25,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.
9. Order announced on 30.04.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)