Delhi

New Delhi

CC/2021/2011

Guru Nanak Apparels - Complainant(s)

Versus

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

06 Feb 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/2021/11                            Dated:

In the matter of:

Guru Nanak Apparels,

Through its Prop. Sh. Kanwar Singh,

Shop no.14, DDA Market, Opp. Azad Appts.,

IIT Gate, New Delhi-110016

……..COMPLAINANT

       

VERSUS

1. The  New India Assurance Co. Ltd.,

B.O.:310904, 2^nd FL, Vandana Building,

Tolstoy Marg, New Delhi-110001

 

1. Mukesh Kumar & Associates,

214, Sapna Ghar,

Plot no.6B, Sector-11, Dwarka,

New Delhi-110075

 

1. DNS Investigation Bureau,

Through D.N Sharma,

A-2/66, Sector-3, Rohini, Delhi-110085

                                        ……. OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

The Complainant had availed services of OP1 vide insurance policy no.310904/48/10/34 100000267 effective from 08.01.11 to 07.01.12 as per annexure “A”. Suddenly the burgalary took place on 15/16 intervening night at said premises and huge losses of goods were found to be stolen. Police were informed & FIR was lodged on 16.02.11 as per Annexure B. Surveyor was appointed to assess the loss on 16.02.11. The total assess of loss was Rs.4,62,225.99/- as per annexure “E”, correspondence were exchanged as per Exh. F & G dated 13.05.11 & 26.06.11 respectively. Untraceable report as per Exh.I placed on record but OP informed the complainant vide letter dated 14.09.11 that surveyor was not provided the documents in time so “No claim” as per Annexure “K”. Consequently, complaint was filed.

OP in his reply Para8 alleged that due to non-cooperative attitude of the complainant with surveyor as well as investigator that the said claim could not be settled. Further OP has taken a plea in Para10 that the complainant himself informed that there was no loss of cash & shoes dated 28.05.11 & 20.06.11 & 30.06.11 respectively where as no such documents are attached with W.S except denial arbitrarily.

Later on OP did not file evidence; consequently defense was closed on 09.09.14.  While evaluating complainant evidence Exh.CW1/1 to CW1/17 annexed with complaint, it is apparently visualized that complainant punctually informed police as well as OP at day one the incident occurred and subsequently, FIR & untraceable report well placed on record. Despite of the above supporting document OP arbitrarily closed the claim under false plea “Due to non-cooperative attitude of complainant with surveyor & investigator” the said claim was not settled in Para10 of W.S  which indicates the mala fide intention of OP who deliberately declined the claim without any legal reasons on the ground that complainant has not himself stated that there was no lost of cash & shoes. The Complainant has made clear that loss was of garments and not of cash & Shoes. He has repeatedly informed the surveyor & Company on this. It is clear that OP has arbitrary closed the case as “No Claim” and unnecessarily dragged the complainant into litigation despite all relevant documents well placed on record. OP neither processed the claim nor paid as per advice his surveyor.

Thus, OP is directed to pay the claim of Rs.4,62,225/- along with 9% interest from day of filing claim till realization within 30 days and intimate the Forum as well as complainant. We also award Rs.50,000/- to complainant for non processing of claim despite claim already lodged by the complainant to OP in time and declined under the false plea of non-cooperation with surveyor.

The order shall be complied 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 06.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER