Tamil Nadu

North Chennai

CC/124/2015

P.M.Gunasekaran - Complainant(s)

Versus

M/s.The Oriental Insurance Company Ltd - Opp.Party(s)

M/s.Adithya Varadarajan and S.Prashanth

14 Feb 2018

ORDER

 

                                                            Complaint presented on:  19.06.2015

                                                                Order pronounced on:  14.02.2018

 

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 14^th DAY OF FEBRUAY 2018

 

C.C.NO.124/2015

 

 

Mr.P.M.Gunasekaran,

No.9/3 Kathiravan Salai,

Neelangarai,

Chennai – 600 115.

                                                                                    ….. Complainant

 

..Vs..

1.M/s. The Oriental Insurance Company Limited,

Trichur,

Rep by its Manager,

KPN Shopping Complex,

Shornur Road,

Trichur – 680 022.

 

2.M/s. Alegion Insurance Broking Limited,

Rep by its Manager,

V.S.Tower,  Room No.23, Near K.S.R.T.C.,

Navani Post, Palakkad,

Kerala – 678 004.

 

3.M/s. Kalyan Jewellers India Pvt Ltd.,

Rep by its Manager,

Opp. Phed Office,MC Road,

Thiruvalla, Kerala – 689 101.

.....Opposite Parties

Date of complaint                                 : 25.08.2015

Counsel for Complainant                      : M/s.Adithya Varadarajan & S.Prashanth

Counsel for 1^st  Opposite Party                : N.Maheswaraiah

Counsel for 2^nd  Opposite Party               : Mr.S.A.Gregory Basil (Authorize     

                                                                    Person)

 

Counsel for 3^rd  Opposite Party               : M/s. Sarvabhauman Associates &

                                                                   Yazhini Kuppusamy

 

O R D E R

 

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

          This complaint is filed by the complainant to direct the 1^st opposite party to pay a sum of Rs.1,07,276/- towards full value of the Jewel and also to pay a sum of Rs.5,00,000/- towards damages  with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant had purchased a gold necklace weighing 36.960 grams on 30.10.2014 from the 3^rd opposite party on paying the full amount of Rs.1,07,276/-. The said gold necklace weighing 36.960 grams was insured with the 1^st opposite party for a period of 1 year by policy No.441106/10001/TLA00005965 dated 30.10.2014 for a premium of Rs.723/- per annum. The said insurance policy covered theft, burglary, chain snatching among others.

          2. The complainant on 13.12.2014 along with his family members went to the Saravana Stores, Usman Road, T.Nagar, Chennai to buy some jewellery. The complainant had taken along with him the said gold necklace in a bag to the said store so as to enable the complainant to buy a suitable chain as above said. While coming down in the lift after purchasing a bangle in the said store, the complainant found the zip of the bag, in which the necklace and its box was kept in, to be half open. On opening the zip of the bag fully, the complainant found that the necklace which was kept inside the box to be lost. The complainant as soon as he found  that theft had been committed on him, he went to the nearest police station at Mambalam and lodged a complaint regarding the same and the complaint was registered vide an FIR dated 15.12.2014. Enquiry was conducted by the police and on completion of the enquiry a non-traceable certificate was issued.

          3. The complainant as early as on 24.12.2014 forwarded his claim through the 2^nd opposite party for the value of the gold necklace which was insured with the 1^st opposite party. The complainant to his utter shock received a letter dated 30.03.2015 from the 1^st opposite party stating that the jewel was lost without the knowledge of the complainant in a crowd and that missing ornaments are not covered under the purview of the policy. Hence the claim of the complainant was treated as “NO CLAIM”     which is contrary to the policy documents and thereby committed deficiency in service. Hence the complainant filed this complaint to direct the 1^st opposite party to pay a sum of Rs.1,07,276/- towards full value of the Jewel and also to pay a sum of Rs.5,00,000/- towards damages  with cost of the complaint.

4. WRITTEN VERSION OF THE 1^st OPPOSITE PARTY IN BRIEF:

          This opposite party admits that the complainant purchased a gold necklace weighing 36.960 grams on 30.10.2014 from the 3^rd opposite party. The said necklace covered under the insurance policy of this opposite party. The policy covers theft, burglary, chain snatching, Fire, Riot and Strom only. As per policy conditions missing ornaments are not covered under the policy. Since there is no forceful entry or attempt to burglary this opposite party cannot entertain the claim and hence treated as no claim.

          5. The Jewel was purchased at Kerala. The insurance policy was issued at Kerala. The 2^nd opposite party is also at Kerala. Hence no cause of action arose within the jurisdiction of this Forum. Further the loss of jewel occurred at Saravana Store, T.Nagar is not lies within the jurisdiction of the Hon’ble Forum. Hence, this opposite party prays to dismiss the complaint with costs.

6. WRITTEN VERSION OF THE 2^nd  OPPOSITE PARTY IN BRIEF:

          The 2^nd opposite party is an insurance broker and he only facilitates servicing the customer of Kalyan Jewellers and collected documents from the customers and forwarding the same to the 1^st opposite party insurance company. This opposite party is not authorized to repudiate the claim and hence this opposite party prays to dismiss the complaint.

7. WRITTEN VERSION OF THE 3^rd  OPPOSITE PARTY IN BRIEF:

          It is true that the complainant had purchased a gold necklace as on 30.10.2014 as indicated in document No.1 filed in the typed set of papers. Along with the said purchase and on the very same date the complainant was also issued with ‘Kalyan G Care’ insurance policy. The said policy was valid for a period of one year from the date of issue i.e, the policy was valid till 30.10.2015. The complainant has not renewed the said policy with any of our branches till date and therefore the policy have lapsed on 30.10.2015. No allegations against this opposite party and further no claim has been made against this opposite party. For these reasons the complaint may be dismissed against this opposite party.

 

8. POINTS FOR CONSIDERATION:

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

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

9. POINT NO :1 & 2   

          It is an admitted fact that the complainant purchased a gold necklace weighing 36.960 grams  on 30.10.2014 at the 3^rd opposite party on payment of consideration of Rs.1,07,276/- under Ex.A1 bill and the said necklace was insured with the 1^st opposite party/insurer for a period of one year from the date of issue and the said insurance policy is marked as Ex.A2 and on 13.12.2014, the complainant went to the Saravana Store, T.Nagar, Chennai to purchase certain jewels and also to purchase a chain for her necklace and after purchase while he was  returning through the lift of the shop and on reaching the ground floor he found that the necklace was lost and hence she gave a complaint to the R1, Mambalam police and Ex.A3 FIR was registered in Crime No.1934/14 under section 379 IPC and thereafter the complainant received  documents mentioned in Ex.A4 letter from the 2^nd opposite party requiring the complainant to file the documents along with claim form to the 1^st opposite party and thereafter the complainant filed Ex.A5 claim form to the 1^st opposite party and the same was acknowledged by the 2^nd opposite party under Ex.A6 and he had also forwarded the said claim to the 1^st opposite party and the 1^st opposite party rejected the claim under Ex.A7 letter dated  30.03.2015 that “as per the policy condition, missing of ornaments are not covered under preview of the policy and hence treated as no claim” and thereafter the complainant filed this complaint.

          10. Admittedly no relief sought against the opposite parties 2 & 3 by the complainant. The policy also issued by the 1^st opposite party is in force on the date of occurrence. The 1^st opposite party raised objection is that the policy issued at Kerala and claim submitted to the Kerala addressee and even the occurrence i.e theft of jewels occurred at Saravana Store,  T.Nagar, Chennai where the part cause of action taken place also is not lies within the jurisdiction of this Forum and therefore  this complaint is liable to be dismissed.

          11. According to the complainant the theft of gold jewel taken place at Saravana Store T.Nagar, Chennai does not fall within territorial jurisdiction of this Forum. Therefore, we hold that this Forum has no jurisdiction to entertain this complaint.

12. As, we held above that this Forum has no jurisdiction to try this case, other contentions raised by either parties need not be discussed on merits and therefore for want of territorial jurisdiction. We have decided to return the complaint to file before the appropriate authority and accordingly these points are answered.

          In the result the complaint is returned on the ground that this Forum has no territorial jurisdiction to entertain and try the complaint. It is further ordered to present the complaint before the proper Forum within two months from the date of receipt of the copy of this order.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 14^th day of February 2018.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 30.10.2014                   Jewel purchase bill

Ex.A2 dated 30.10.2014                   Kalyan “G Care” insurance policy

Ex.A3 dated 15.12.2014                   FIR Copy

Ex.A4 dated 15.12.2014                   Letter  along received with claim form

Ex.A5 dated 24.12.2014                   Duly filled claim form

Ex.A6 dated 29.12.2014                   Acknowledgement of receiving the claim form

Ex.A7 dated 30.03.2015                   Rejection of claim

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

                                      ……. NIL …….

 

 

 

 

MEMBER – I                                                               PRESIDENT