Tamil Nadu

North Chennai

CC/62/2015

V.Pandian - Complainant(s)

Versus

M/s.Cholamandalam M/s.General Insurance Co Ltd,Rep by its Authorized Signatory, - Opp.Party(s)

K.Senthil Kumar,

21 Mar 2018

ORDER

 

                                                            Complaint presented on:  20.03.2015

                                                                Order pronounced on:  21.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY  THE 21^st   DAY OF MARCH 2018

 

C.C.NO.62/2015

 

Mr.V.Pandian,

Son of N.Venkatesan,

No.151-A, Sundaram Pillai Nagar,

4^th Main Road, Tondairpet,

Chennai – 600 081.

                                                                                    ….. Complainant

 

..Vs..

1.M/s.Cholamandalam MS General Insurance Company Limited,

Rep by its Authorized Signatory,

Hari Nivas Towers, 1^st Floor,

163, Thambu Chetty Street,

Parrys Corner, Chennai  - 600 001.

 

2.M/s. Cholamandalam MS General Insurance Company Limited,

Rep by its Authorized Signatory,

Head Office at “Dare House”

2^nd Floor, NSC Bose Road, Chennai – 600 001.

.....Opposite Parties

Date of complaint                                 : 06.04.2015

Counsel for Complainant                      : K.Senthil Kumar, J.Kennedy Lingam

Counsel for Opposite Parties                   : M.B.Gopalan, N.Vijayaraghavan,

                                                                   M.B.Ragahvan    

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite parties to pay a sum of Rs.2,00,000/- towards insurance claim for his vehicle with 12% interest and also to pay compensation for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is the owner of the car bearing registration number TN 20 AZ 1818. The said car was insured with the opposite parties for the period 28.01.2011 to 27.01.2012. The IDV of the vehicle is Rs.2,00,000/-. On 06.10.2011 at 10.00 PM, the complainant parked his car in front of his house at No. 151-A, Sundaram pillai Nagar, 4^th Main Road, Tondiarpet, Chennai- 81. Next day morning on 07.10.2011 at 6.00 AM, the complainant noticed that his car was missing in front of his house. Then he searched his car around his area, but could not trace out. Hence the complainant lodged a police complaint on 07.10.2011 itself at the R.K.Nagar police station, Chennai-21. However, the police authorities did not take any action to trace out the complainant car. The police delayed the matter for 35 days and finally registered FIR in Crime No.1306/2011 u/s 379 IPC. The police themselves stated the reason for delay that the complainant gone out of station and he could lodge the complaint only on 11.11.2011, which fact is wrong.

          2. The complainant informed the opposite parties through email on 07.10.2011 itself and for which the opposite parties replied to the complainant on 10.10.2011. The opposite parties appointed M/s. ASN Arya & Company as surveyor. The complainant also co-operated with them and submitted all documents for their investigation and for the claim. The opposite parties have not settled the claim and rejected the claim on 07.02.2014 stating the reason that there was delay of 35 days in registering FIR, have prejudiced possibilities of recovery of the vehicle and breach of conditions of the policy.

          3. The rejection of the claim made by the opposite parties is deficiency on their part. Thereafter, the complainant issued Ex.A19 legal notice and after that this complaint has been filed to direct the opposite parties to pay a sum of Rs.2,00,000/- towards insurance claim for his vehicle with 12% interest and also to pay compensation for mental agony with cost of the complaint.

4. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The 2^nd opposite party filed the written version and the same was adopted by the 1^st opposite party. The opposite parties admit that the complainant insured his vehicle TN 20 AZ 1818 under the policy for the period from 28.01.2011 to 27.11.2012. In the event of theft, as per the policy conditions, the complaint shall be lodged with the police immediately and intimation to the opposite parties. The theft of vehicle was taken place on 06.10.2011 and intimation was given to the opposite parties on 11.10.2011 after 5 days and complaint to the police was given on 11.11.2011 after 35 days. Therefore, the complainant has not preferred complaint to the police and intimation to the opposite parties immediately and thereby violated the terms and conditions of the policy. The other averments made in the complaint are denied and the opposite parties have not committed deficiency in service and pray to dismiss the complaint with costs.

 

 

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          It is an admitted fact that the complainant is the owner of the vehicle TN 20 AZ 1818 car and Ex.A1 is the RC book of the vehicle and Ex.A3 is the purchase letter to show that the complainant is the owner of the car and the complainant parked his car and the said car was insured with the opposite parties in Ex.A7 policy for the period 28.01.2011 to 27.01.2012 and on 06.10.2011 at 10.00 PM, the complainant parked his car in front of his house at No. 151-A, Sundaram pillai Nagar, 4^th Main Road, Tondiarpet, Chennai- 81 and on the  next day morning on 07.10.2011 at 6.00 AM, the complainant noticed that his car was missing in front of his house and then he searched his car around his area, but could not trace out and the complainant made Ex.A16 claim to the opposite parties for the theft of his vehicle and the opposite parties have rejected the claim under Ex.A18 letter dated 07.02.2014 that the complaint to the police was lodged belatedly by 35 days.

          7. The complainant would contend that immediately on the day of theft on 07.10.2011 he gave a police complaint to the R.K.Nagar police station and it is the police authorities delayed the matter and registered the Ex.A5 FIR by 35 days for no fault of him and therefore the opposite parties rejected the claim on the ground of delay in registering the FIR is not sustainable and thereby committed deficiency in service.

8. Admittedly the vehicle was stolen on 06.10.2011/ 07.10.2011 during night hours and the complainant noticed the missing of vehicle at 6.00 AM on 07.10.2011. Ex.A9 is the FIR registered by the H6, R.K.Nagar Crime police under section 379 IPC on 11.11.2011. The SSI who registered the FIR has categorically stated in the FIR that on 11.11.2011 at 10.30 AM while he was on duty in the R.K.Nagar police station, the complainant Pandian gave a written complaint about the theft of his vehicle and based on that FIR was registered. The FIR further states that the occurrence took place on 06.10.2011 and information received and registered on 11.11.2011.Therefore the FIR clears the doubt that the complainant himself preferred complaint to the police regarding theft of his vehicle by 35 days delay is accepted. Contrary to this delay, the complainant would state that he preferred complaint to the police on 07.10.2011 itself without any delay and however no material produced by the complainant to accept his statement. The delay of 35 days in preferring complaint to the police is a clear violation of terms and conditions of the policy issued by the opposite parties to the complainant. Therefore we hold that the opposite parties have rightly repudiated the claim made by the complainant and the opposite parties have not committed any deficiency in service to the complainant and accordingly this point is answered.

09. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 21^st  day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 08.02.2008	Copy of R.C.Book
Ex.A2 dated 20.01.2005	Copy of Life Tax for the vehicle
Ex.A3 dated 11.01.2008	Copy of purchase letter for the vehicle
Ex.A4 dated 13.01.2011	Copy of letter from Finance Company to RTO
Ex.A5 dated 13.01.2011	NOC letter from Finance Company
Ex.A6 dated 13.01.2011	No objection Certificate by Finance Co
Ex.A7 dated 19.01.2011	Copy of insurance policy for the vehicle
Ex.A8 dated 07.10.2011 And 10.10.2011	E-mail intimation to the opposite party/Insurance Company for car theft and reply from opposite party/Insurance Company
Ex.A9 dated 11.11.2011	Copy of FIR for the car theft
Ex.A10 dated 31.12.2011	Intimation letter to RTO for car theft
Ex.A11 dated NIL	Copy of intimation letter from police
Ex.A12 dated 11.09.2012	Copy of charge Sheet for the car theft
Ex.A13 dated 01.11.2012	Copy of XV MM court order
Ex.A14 dated 03.01.2013	Copy of courier receipt addressed to loss assessor ASN Arya & Company
Ex.A15 dated 07.03.2013	Request letter from insurance company
Ex.A16 dated NIL	Copy of theft claim form submitted by complainant
Ex.A17 dated 08.05.2013 And 21.05.2013	Letter by e-mail from complainant to O.P/Insurance Company and Reply letter from O.P/Insurance Company
Ex.A18 dated 07.02.2014	Copy of insurance claim Rejection Letter from opposite party/Insurance Company
Ex.A19 dated 04.12.2014	Copy of Lawyer Notice to the opposite parties 1 and 2
Ex.A20 dated 04.12.2014	Copy of Postal Receipts
Ex.A21 dated 06.12.2014	Acknowledgement Card

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES:

 

Ex.B1 dated 11.10.2011                   Claim Intimation Form

 

Ex.B2 dated 19.01.2011                   Insurance Policy with terms and conditions

 

Ex.B3 dated 07.02.2014                   Repudiation Letter

 

 

 

 

MEMBER – I                                                               PRESIDENT