Delhi

New Delhi

CC/672/2010

Lakhbir Singh - Complainant(s)

Versus

M/S. Iffco Tokio General Insurance Company Ltd. - Opp.Party(s)

05 Sep 2019

ORDER

 

 

                                    CONSUMER DISPUTES REDRESSAL FORUM-VI

                               (DISTT. NEW DELHI),

                                ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                  NEW DELHI-110001

 

Case No.C.C./672/2010                                                                          Dated:

In the matter of: 

Sh. Lakhbir Singh,

Son of Shri Harbir Singh

R/o E-139, Saket, New Delhi.

                  …… Complainant

Versus

IFFCO TOKIO General InsuranceCompany Ltd.,

4^th Floor,416/421,

Narain Manzh,

23, Barakhamba Road, New Delhi-110001.

 

……. Opposite party

NIPUR CHANDNA, MEMBER

ORDER

       

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that  the complainant had taken a Trade Protector  policy for a sum of Rs.44,32,000/- vide policy bearing No.47170014 w.e.f. 1.9.2000 to 31.8.2010 and the premium against the same has already been paid to the OP by the complainant.  Unfortunately,  on 1^st February 2010 burglary/theft  took place in the insured premises and a sum of Rs.2,78,000/-  was stolen.   Complainant apprised the local police about the incident and an FIR bearing No.48/2010 dated 1.2.2010 was lodged at P.S. Malviya Nagar u/s 380 IPC.  After that the complainant duly informed the officials of OP about the same, total loss suffered by the complainant was to the tune of Rs.2,78,000/-, its details and required documents were supplied to the OP Co. for reimbursement of the claim.  The OP Insurance Co. appointed the surveyor to assess the loss.  On 19.2.2010, complainant received a letter from the OP  in which it demanded  claim documents which were already provided to it by the complainant.  On 16.3.2010, the complainant  received a letter from the OP stating that the aforesaid claim is not tenable under the policy  and it is being closed as NO CLAIM without any rhyme or reasons.   Thereafter, the complainant sent a legal notice dt. 6.4.2010  to the OP  but  nothing has been done by OP, hence this complaint.

2.       Complaint has been contested by OP.  OP has filed its written statement wherein it denied any deficiency in service on its part  and stated that the complainant has not completed all the formalities as required by the OP or lodged the claim  for Rs.2,78,000/-  On receipt of intimation of incident, OP had deputed a Govt Licensed Surveyor to assess the loss,  as per surveyor report due to non-submission of required documents and non-cooperation of the complainant, the claim is not admissible. It is stated that at the time of theft, cash kept in the wooden table almirah below the table drawer and accordingly, OP had informed the complainant that the policy does not cover the money at the premises and as such the loss is not admissible under the terms and conditions of the insurance policy.  Hence, the claim was rightly repudiated and prayed for the dismissal of the complaint..

3.       Both the parties have filed their evidence by way of affidavit.  

4.       We have heard argument advance at the Bar and have perused the record.

5.       Some facts are not disputed by the parties such as the Insurance policy, and theft occurred.  Admittedly the complainant informed the OP about the incident of burglary and the OP appointed the surveyor to assess the loss.  Perusal of  the surveyor report shows that despite having opportunities, the surveyor could not assess the loss, whereas he has stated in his surveyor report that as per the cash book which is yet to be verified the total available cash from sales of 30.1.2010 and 31.1.2010 is Rs.2,48,407.25/-.  The reason given by the surveyor for non assessment of the loss  is that since the loss is not admissible under the terms and conditions of the insurance policy,  he had not assessed the same and recommended for closure of the claim file as NO CLAIM.  The OP Insurance Co. vide its letter dt.15.3.2010 repudiated the claim of the complainant  on the basis of the surveyor report mentioning the reasons that the cash got stolen from office premises, however, the policy issued covered only the cash in transit, cash in premises is not covered under the policy issued. 

6.       We have gone through the policy documents attached with the complaint, as per the document coverage option details mentioning the policy only the word money is written, it is nowhere mentioned in the coverage details that the money/cash in premises is not covered whereas in transit is covered. The OP cannot escape from his liability for indemnification of the loss of money under the false pretext that the policy issued covered only the cash in transit and not cash in premises whereas no such clause was mentioned in the policy issued nor any terms and conditions attached with it. 

7.       In view of the above discussion, we are of the considered view that the repudiation of the claim under the pretext of terms and conditions of the policy by OP is unjustified and arbitrary.  Since, the surveyor in the present case has not assessed the loss, we have no other option but to rely upon the averments of the complaint that he suffered a loss to the tune of Rs.2,78,000/-.  Holding repudiation unjustified and OP guilty of deficiency in services we direct it as under:

i)   Pay to the complainant a sum of Rs.2,78,000/- along with interest 9% from the date of filing of the complaint i.e. 17.5.2010 till its realization.

 

ii)   Pay to the complainant a sum of Rs.20,000/- on account of pain and mental agony suffered by him which will also included the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the order. A copy of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 05/09/2019

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                        (NIPUR CHANDNA)                                                     (H M VYAS)

                            MEMBER                                                                   MEMBER