Delhi

New Delhi

CC/1233/2009

Hemlata - Complainant(s)

Versus

M/S. ICICI Lombard General Insurance Co.Ltd. - Opp.Party(s)

11 Feb 2020

ORDER

 

 

 

                                                                CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.1233/2009                                       Dated:

In the matter of:

 

Smt. Hemlata,

W/o Sh. Sunil Dutta,

R/o RZF-583/02, Raj Nagar,

Part-II, Palam Colony,

New Delhi.

  …Complainant

 

Versus

 

1.       M/s ICICI Lombard General Insurance

Co. Ltd. 3rd Floor, Naryan Manjil,

Barakhamba Road,

Rajiv Chowk, New Delhi.

 

2.     M/s ICICI Lombard General Insurance Co. Ltd.

S-13, Uphar Cinema Complex,

Green Park, Extension,

New Delhi-110016.

 

3.    M/s Reliance Finance Ltd.,

Department Operation 260/261,

Dev House, Tribhuvar Complex,

Iswar Nagar, New Delhi

 

                                                                     ..… Opposite Parties

 

NIPUR CHANDNA, MEMBER

 

O R D E R

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that the complainant is the owner of the vehicle bearing No.DLIY–B-0817 duly insured  with OP vide policy bearing No. 3004/55398433/00/000 for the insured determined value (IDV)  of Rs. 05,80,000/- for the period 08/11/2008 to 07/11/2009.  The vehicle in question was handed over to M/s Metro City Cab on rental basis by the complainant. On 05/02/2009, the complainant approached M/s Metro City Cab for inspection of the vehicle in question.  On visit it was found that M/s Metro City Cab fled away by locking its office without returning the vehicle in question. As such the complainant informed the OP about the theft of the vehicle in question and also informed P.S. Janakpuri regarding the same. An FIR bearing no. 56/2009 dated 24/02/2009 was registered at P.S. Janakpuri U/s 406/420/120/34 IPC, vide letter dated 08/06/2009 OP asked the complainant to furnish the untraced report and the same was provided to it. Thereafter, the complainant approached the OP on various occasion and requested it to settle his claim but all in vain, complainant therefore, approached this Forum for redressal of his grievance.  

2.     Complaint has been contested by the all the OPs.  In its written statement OP-1 &2   have not disputed that complainant had taken policy referred above. OPs stated that the claim of the complainant was repudiated on the ground that the insured vehicle was being used for Hire and Reward, thus violating  Indian Motor Tariff- 35 which states that “Whilst the vehicle insured is let on Hire to the Hirer, the Insurers shall not be liable for any loss, damage or liability due to or arising from theft or conversion by the Hirer unless covered by the payment of additional premium @ 1.50% on IDV.” It is further stated that the FIR was registered after 19 days of the incident whereas as per the policy terms and condition FIR should be lodged immediately after the loss. Moreover, in the present case the complainant has informed the insurance Co. after the delay of 7 days causing violation of policy terms and condition. Hence, the repudiation is justified and prayed for the dismissal of the complaint.

3.     In its reply, OP-3 had stated that the present complaint against OP-3 is entirely misconceived and liable to be dismissed in limine as no deficiency in service is made out against the OP-3 and hence liable to be dismissed.

4.     All the parties have filed their evidence by way of affidavit.  

5.     We have heard arguments advance at the Bar and have perused the record.

6.     It is argued on behalf of the complainant that OP-1 & 2 failed to settle the genuine claim of the complainant under one pretext or the other. It is further stated that the OP insurance Co. had accepted the premium against the vehicle in question and had issued the passenger carrying vehicle package policy hence, it is liable to indemnify and prayed that relief claim be granted.

7.     The policy document placed on record clarified that the policy in question issued to the complainant is passenger carrying package policy, hence the averment of the OP that the vehicle insured in question was being used otherwise than in accordance with the “limitation as to use”, thus violating  Indian Motor Tariff- 35 is unjustified as the policy itself speaks about the commercial one. Moreover, it is the OP who had to charge the additional premium @ 1.50% on the IDV, if, the OP failed to charge the same, it cannot held complainant liable and refused his claim on this ground. The second averment of the OP that there was a delay of 19 days on the part of the complainant in lodging the FIR does not have any legs to stand because the complainant has placed on record the copy of the complaint dated 05/02/2009 lodged at P.S. Janakpuri which prove that the immediate intimation to the police as required under policy terms and condition was given by complainant.

8.     During the course of the arguments, the complainant has placed on record, the copy of NOC issued by OP-3 in favour of the complainant which clarified that the entire loan against the vehicle in question was re-paid by the complainant and the intimation of the same was given by OP-3 to OP-1 & 2 as well as the Regional Transport Office vide letter dt.25.2.2012.  

9.     In view of the above discussion and documents placed on record by the complainant, we are of the opinion that the repudiation of the claim by the OP Insurance Co.  was unjustified.  Therefore, we hold OP-1&2 guilty of deficiency of services.  In view of the entire loan amount discharged by the complainant we direct OP-1 &2 pay to the complainant as  under:-

1. A sum of Rs.05,80,000/-alongwith 9% interest from the date of filing of complaint i.e. 22/08/2009 till realization.

 

2. Also a sum of Rs. 20,000/- on account pain and mental agony suffered by him, which will also include the cost of litigation.

 

A copy of this order each be sent to both the parties free of cost by post. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

Announced in open Forum on 11/02/2020.

 

 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                   (H M VYAS)

       MEMBER                                                                MEMBER