Delhi

New Delhi

CC/783/2013

Kpypton Heights Builders And Infrastructures - Complainant(s)

Versus

M/S. National Insurance Company.Ltd. - Opp.Party(s)

24 Nov 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/783/13                                      Dated:

In the matter of:

M/s. Krypton Heights Builders and Infrastructures,

Through its Attorney Holder/A.R Mr. Sachin Mehta,

Address: B-9/6296, Vasant Kunj, New Delhi-110070

……..COMPLAINANT

       

VERSUS

National Insurance Co. Ltd.,

DIV. no.10 Flat no.101-106,

N-1, BMC House, Connaught Place, New Delhi-01

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

               

The Complainant’s vehicle no.DL-12CC-0412, duly insured with OP, was stolen on night of 18-19/10/11. He immediately informed police, and subsequently a FIR was registered. The terms & conditions of policy requiring intimation to insurance company was not given to him, and he was told to see website, which did not show this. The OP rejected the insurance claim only on the basis of no intimation to OP immediately but later on. The OP’s appointed surveyor, after all verification recommended the reimbursement of claim. The OP ignored report of surveyor. Therefore this complaint alleging deficiency of service.

We have considered the exparte evidence, as OP did not appear despite service. The documents Exh.CW1/1 to CW1/9 clearly show the theft intimation and correspondence with the OP. As already stated, OP has not appeared. In the absence of OP’s evidence to show the supply of terms & conditions of policy to Complainant, the condition of immediate information to OP of theft cannot be invoked. The police was immediately informed. In any case Exh.CW1/7, written by OP to Complainant Company reproducing the condition no.1 states that in case of theft, complainant will immediately inform police and cooperates with OP for securing conviction of offender. The offender is still untraced. Police was informed. The Complainant has done all that was expected of him. There was no ground to repudiate policy.

We hold OP guilty of deficiency and direct OP to pay IDV of car Rs.8,18,900/-, less deductions with 9% interest from 90 day after report of theft and pay Rs.25,000/- towards damages and litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 24.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER