Delhi

New Delhi

CC/569/2012

BSA Infomedia Pvt.Ltd. - Complainant(s)

Versus

M/S. New India Assurance Company Ltd. - Opp.Party(s)

20 Oct 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/569/12                            Dated:

In the matter of:

M/s. BSA Infomedia Pvt. Ltd.,

1301, 13^th Floor, Rajindra Place, New Delhi

……..COMPLAINANT

       

VERSUS

New India Insurance Co. Ltd.,

CDU-310300, Bombay Life Building, N-34,

1^st Floor, Connaught Circus, New Delhi-01

                         ………. OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

We have summarily considered the complaint of deficiency alleged against OP in repudiating fidelity insurance claim filed by Complainant Company. The facts are that one employee of the company entrusted with money from his office for deposit in the bank disappeared with it. The Complainant gave a police report on which FIR no.234/09, P.S Prasad Nagar was lodged, and claim was filed with OP. The OP vide its letter 03.08.11, informed complainant that OP has repudiated the claim, because office mentioned in the policy was at Gupta Complex, Nr. Inder Lok, while office mentioned in the FIR was Rajindra Place. The Complainant informed the OP that it had informed the change of address immediately after taking policy vide its letter 27.01.09 (copy at page 15 of complaint) and clarified in 13.06.11 letter to OP. It is stated that OP effected change of address in money insurance policy no.310300/48/10/07/00000098 (Exh.CW-1/1), but failed to effect the change in Fidelity Insurance policy.

The OP in its reply has given a sketchy version citing exclusion clause of policy, stating that OP was not liable, if loss of money is by involvement of insured in fraud, or employee is involved.

We have considered the rival case and find that there is no dispute on fidelity insurance by OP, and it’s stand is shifting from one mentioned in letter of 03.08.11, informing real reason of repudiation, as different office address. OP has not challenged the fact of change of address on money insurance policy, but it is not explained why it is not changed in fidelity insurance policy. The stand taken in W.S is change of address, without any repudiation letter or the reason of exclusion clause, which does not apply in the case.

In our considered view, OP is simply avoiding the liability in arbitrary manner, by taking advantage of its own wrong in not correcting address change informed by complainant. We thus, hold OP liable for deficiency and direct OP to pay fidelity insurance amount of Rs.2,85,414/- with interest of 9% from date of repudiation on 03.08.11 till payment and pay Rs.50,000/- for deficiency and Rs.20,000/- for litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken 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 20.10.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (RITU GARODIA)

MEMBER