Delhi

New Delhi

CC/855/2013

Sandeep Ohlan - Complainant(s)

Versus

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

24 Aug 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/855/13                       Dated:

In the matter of:

SH. SANDEEP SINGH,

S/O SH.SURENDER SINGH,

R/O C-9, VIJAY NAGAR COLONY,

BAWANA, NEW DELHI-110039.

                   ……..COMPLAINANT

 

VERSUS

 

1.UNITED INDIA  INSURANCE CO. LTD.

KANCHAN JANGA BUILDING, VIIITH FLOOR,

BARA KHAMBA ROAD, NEW DELHI-110001

THROUGH ITS: GENERAL MANAGER

 

 

………. OPPOSITE PARTY

 

 

 

 

 

 

 

 

 

 

ORDER  [ ORAL]

Date of Arguments :24.8.2015

MEMBER:  RITU GARODIA

 

Present:    Complainant.

 

The factual matrix of case is that complainant purchased a policy from OP bearing policy no..042382/31/11/01/00003093 for a period from 15.2.2012 to 14.2.2013 for sum insured Rs.2,90,000/-  (Policy annexed). The vehicle was burnt due to short circuit of CNG Kit.  Complaint was filed with police on 30.6.2012.

OP in its version has admitted the policy OP has disputed the market value of car to Rs.90,000/-  OP has also admitted in para 4 of Ops evidence that “finalization of claim as per market value has been finalized vide letter dated 12.7.2013”.

We have considered the pleading, documents on record and argument annexed by both the parties.  Policy and claim is admitted by both parties.  OP at the stage of processing of claim while conducting investigation discovered that model of vehicle was 2005 and market value is much less that insured value. It does not stand to reason that OP issued insurance policy for 2005 model without any due diligence on their part, collected the premium and has now denied the claim on the grounds of market value.  OP cannot take advantage of its own wrong.  Complete care and rigour is required at the time of issuing of policy which was not done by OP insurance company.  OP by eschewing their own liability and ignoring the shortcoming and lack of assiduity of their own issuing officer failed to settle the claim.

We, therefore, find OP guilty of deficiency in not settling the claim on IDV Value and is directed to pay IDV for Rs.2,90,000 with 9% interest from date of claim till payment.  We also award Rs.20,000/- as compensation for harassment, along with  litigation expenses.

Copy of order be sent to IRDA and Chairman of OP insurance company to issue necessary direction regarding diligence and meticulousness at time of issuance of policy.

The order shall be complied with 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.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 24.08.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(RITU GARODIA)

MEMBER