Delhi

North East

CC/72/2021

Mr. Deepak - Complainant(s)

Versus

M/s The New India Assurance Co. Ltd. - Opp.Party(s)

15 Feb 2024

ORDER

hhDISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

Complaint Case No. 72/21

 

 

 

 

In the matter of:

 

		Mr. Deepak S/o Shri Ashok Kumar, R/o A-241, Street No. 4, Prem Vihar, Karawal Nagar, Delhi 110094		Complainant
		Versus
		M/s The New India Assurance Co. Ltd., Through its Manager, RG City Centre, LSC, Block B, Lawrence Road, New Delhi 110035		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		19.04.2021 18.12.2023 15.02.2024

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Anil Kumar Bamba, Member

 

The Complainant has filed the present complaint under Consumer Protection Act, 2019 against Opposite Party i.e. M/s The New India Assurance Co. Ltd.

Case of the Complainant

1. The case of the Complainant as per the complaint is that the Complainant had purchased an E-rickshaw bearing no. DL 5ER 7614 for a sum of Rs. 1,14,071/-. The said E-rickshaw was financed by M/s Jamm ESS IEE Finance (P) Ltd. Complainant stated that he insured the said E-rickshaw from the Opposite Party vide policy no. 3116003110100000473 for the period from 09.05.2019 to 05.05.2020. On 02.12.2019, the said E-rickshaw was parked in front of the house of the Complainant and got stolen. It is stated by the Complainant that that theft was immediately intimated the SHO Police Station and an FIR bearing No. 0430001 dated 08.12.2019 was registered. Complainant stated that he had telephonically informed the said incident to the agent of the Opposite Party and the Complainant was told by the agent for furnishing the untraced report. Complainant received the untraced report from the police station and due to the Lockdown, there was delay in furnishing the same. Thereafter, Complainant contacted the agent as well as Opposite Party but the Opposite Party had orally refused to entertain the complaint of the Complainant. Complainant also sent a legal notice dated 24.12.2020 to the Opposite Party but Opposite Party did not give any reply. Complainant also made a written representation to the official of the Opposite Party but no one heard the complaint of the Complainant. Hence, this shows the deficiency of service on the part of Opposite Party. Complainant has prayed for Rs. 95,000/- along with interest @ 6 % p.a as well as the cost of litigation.

Case of the Opposite Party

2. The Opposite Party contested the case and filed its written statement. Opposite Party, while admitting the subject policy, has taken preliminary objection that same was issued subject to terms and conditions of the policy. On merits, it has been contended that there was delay of 6 days in lodging the FIR of the alleged theft which raises suspicion about the incident. It amounted to breach of condition requiring immediate intimation to the police/insurance company. The Opposite Party has also contended that the complaint suffers from the delays and latches and the proper claim was not submitted along with the relevant required documents on time and claim is also not registered with the answering Opposite Party. In view of above objections, the Opposite Party has prayed for dismissal of the complaint.

Rejoinder to the written statement of Opposite Party

3. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the objection raised by the Opposite Party and has reiterated the assertion made in the complaint.

Evidence of the Complainant

4. The Complainant, in support of his complaint, filed his evidence by way of affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

5. In order to prove its case, Opposite Party filed affidavit of Shri R.K Sagar, Authorized Representative of Opposite Party wherein he has supported the case of the Opposite Party as mentioned in the written statement.

 

 

Arguments & Conclusion

6. We have heard the Ld. Counsel for the Complainant as well as for Opposite Party. We have also perused the file and the written arguments filed by the parties.
7. It is the case of the Complainant that his E-rickshaw which was insured with Opposite Party Insurance company and was financed by M/s Jamm ESS IEE Finance (P) Ltd. On 02.12.20119, the above-noted E-rickshaw allegedly got stolen when parked in front of the complainant’s house. An FIR bearing No. 0430001 dated 08.12.2019 was registered reporting the incident. The Complainant has alleged that he has submitted the untraced report also but the Opposite Party has not settled his claim which is deficiency of service on the part of Opposite Party.
8. On the other hand the case of the Opposite Party is that the Complainant has lodged the FIR of the alleged incident with 6 days delay which makes the incident suspicious. The Opposite Party has also objected that the proper claim along with the relevant required documents was not submitted and the claim is also not registered. Hence, it is contended that no deficiency on their part has been there.
9. The contention of Opposite Party is that the Complainant has breached the terms and conditions of the policy as the FIR reporting the theft of the vehicle insured was lodged with delay of 6 days which raises suspicion over the incident. It is contended that the theft allegedly took place on 02.12.2019 while the FIR was registered on 08.12.2019. The Complainant has contended that the delay was due to the fact that he was not available as he was admitted in Guru Teg Bahadur Hospital from 03.12.2019 - 05.12.20119 and under treatment. The Complainant has filed discharge summary in support. Moreover, the above contention of the Opposite Party can not be accepted in view of the fact that Police has, after due investigation, filed the Final Report with respect to the said FIR duly accepted by Court of law and the perusal of said report shows that police has not found or noted anything indicating that the alleged incident was false or manipulated.
10. Secondly, the Opposite Party has contended that the proper claim was not submitted along with the relevant required documents on time and the claim is also not registered with the Opposite Party. Here, the said contention deserves rejection in view of the fact that if the claim filed by the insured Complainant was found to be improper, the Opposite Party, being a service provide, was under obligation to bring the deficiencies to the knowledge of the insured Complainant and then register the proper claim. Since, the Opposite Party has failed to show that any such step was taken. Hence, the Complainant cannot be allowed to suffer on account of negligent conduct on the part of Opposite Party. Apart from that, the Complainant had also sent a legal notice asking for claim but Opposite Party did not bother to reply the said notice.
11. It is to be noted that the Complainant has stated in the complaint itself that the subject vehicle was financed and there is nothing on record to show the current status of hypothecation.
12. In view of above facts and discussion, we are of the considered view that Opposite Party has committed deficiency in services towards the Complainant by not paying the genuine claim of the Complainant under a valid policy.
13. Thus, we allow the present complaint and direct the Opposite Party i.e. M/s The New India Assurance Co. Ltd. to pay to the Complainant the insurance claim amount i.e. Rs. 95,000/- along with interest @ 9 % per annum from the date of institution of the complaint till recovery, subject to production of No Objection Certificate from the concerned Financer and upon completion of requisite documentation formalities. The Opposite Party is further directed to pay Rs. 15,000/- towards compensation and the litigation cost along with interest @ 9 % p.a. from the date of this order till its recovery.
14. Order announced on15.02.2024.

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

File be consigned to Record Room.

 

(Anil Kumar Bamba)              Member

(Surinder Kumar Sharma) President