Delhi

New Delhi

CC/325/2013

Surender Kumar - 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/325/13                        Dated:

In the matter of:

Surender Kumar,

C-35, IPS Apartment, Mayur Vihar,

Phase-I, Delhi-51

……..COMPLAINANT

       

VERSUS

United India Insurance Co. Ltd.,

60, Janpath, New Delhi-110001

 

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

The complainant had taken a burglary insurance coverage policy for his household goods at Villa no.75, IFS Villas, PKT-6, Builders Society, G. Noida (U.P) for the period 01.03.12 to 28.02.13 with sum assured Rs.20,40,000/- as per annexure C1. The wife of complainant noted theft in the premises and lodged a report on 14.03.12 in P.S Kasna, Gautum Budh Nagar. Surveyor was also appointed by OP to assess the loss & documents supplied to OP on 13.04.12 as per annexure C6. The complainant approached OP a number of times as well as telephonic conversation but no fruitful result as worked. Suddenly complainant received repudiation letter on 16.11.12 stating that loss is not covered under the policy as per Exh.C7. Thus complaint was filed.

OP has filed reply and taken a plea as under:

“If the premises shall have been left uninhabited by day and night for seven or more consecutive days and night”

 

We have considered the material on record, evidence and head the submission. The OP’s plea that premises have been left uninhabited for 7 days or more is not tenable in the facts of the case. The house of complainant is not an isolated house or plot somewhere, but is part of a gated community apartments, where there is entry regulated by guards and complainants have been frequently visiting it. This is no ground to avoid the liability, as nothing else is disputed. We hold OP guilty of deficiency and direct OP to pay the insured amount of Rs.5 lakhs as claimed by Complainant. We also award a compensation of Rs.30,000/- for harassment and Rs.10,000/- 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 24.08.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER