Quorum  : Sh. K.S. Mohi, President

                   Sh. Vikram Kumar Dabas, Member                            

                  Mrs. Manju Bala Sharma, Member

                                                              ORDER                                       

Sh. K.S. Mohi, President

1.  The complainant has filed the present complaint on 19/08/2015 U/s 12 of the Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant had taken an insurance policy bearing no. 361700/31/14/6300002037 valid from 11.07.2014 to 10.07.2015 in respect

                         **OP2 was deleted from array of parties vide order dated 05.09.2017.

of his truck bearing no. HR 74-4704 from OP1 which was financed by OP2 .                      

It is alleged by the complainant that OP1 issued a single page certificate of

insurance which does not contains any term and conditions. It is alleged that on 05.09.2014 the driver of the vehicle namely Raj Kumar Yadav and brother of the complainant parked the insured vehicle near Petrol Pump at Ajrounda Chowk, Faridabad and when returning back they found that the truck was not at its place where it was parked. An FIR dated 08.09.2014 U/s 379 was lodged at PS Faridabad Central.  Complainant also intimate OP1 about the theft and OP1 appointed a surveyor. It is further alleged by the complainant that he had handed over the required documents to the surveyor / investigator of OP1.   It is alleged that an untraced report was prepared by the police in respect of the insured vehicle. OP1 vide its letter dated 20/03/2015  asked complainant to complete the  required formalities and accordingly complainant completed all the formalities. OP1` send letter dated 17.04.2015 and informed the complainant that his claim  has been approved  for a sum of Rs. 7,86,000/-  and denied the full insured amount  by deducting 25%from the actual insured amount of Rs. 10,50,000/- on the ground of non-availability of valid fitness certificate at the time of its theft.  Aggrieved from this  complainant approached this forum to direct  OP1 to pay Rs10,50,000/-  (actual insured amount of the vehicle)  along with Rs. 50,000/- as compensation for mental harassment, Rs 50,000/-  towards the loss of  unemployment suffered to the younger brother of the complainant who was employed as a driver of the said vehicle, Rs. 4,00,000/- from OP1 towards financial loses    and Rs.50,000/-  as litigation cost.

2. OP1 filed reply taking preliminary objections inter-alia  that  there was violation of the terms and conditions of the policy  and  OP1 can repudiate the entire claim however taking a lenient view of the matter it was decided by the OP to pay the claim on ex gratia basis (i.e. non standard basis by paying 75% of the claim amount) . OP1 prayed for dismissal of the complaint.
3. Complainant  has filed his own affidavit affirming the facts alleged in the complaint. On the other hand, Sh. V.K. Bhatia , Assistant Manager,  has filed affidavit in evidence on behalf of O.P1. testifying all the facts as stated in the written statement. Complainant and OP1 have also filed their respective written submissions.
4. We have carefully gone through the record of the case as well as written submissions filed by the parties and have also heard the submissions of Ld. Counsel  for the parties.
5.  The controversy involved in the present case is as to whether complainant is entitled for full claim amount of Rs. 10,50,000/- or not?. Admittedly, the OP1 approved a sum of Rs. 78600/- out of sum insured of Rs. 10,50,000/-.  The written statement filed by OP1makes it clear that the balance amount was not paid to the complainant on the ground that the vehicle in question was plying without  valid fitness certificate which stood expired on 30.06.2014 and vehicle was got stolen on 05.09.206 and as such the insured has violated the terms and conditions of the policy .  It is also stated in the written statement that it is the complainant who himself consented to the assessed amount of Rs 7,86,000/- paid the financer i.e. OP2 being full and final settlement of this claim and therefore now the complainant cannot wriggle out of the full and final settlement voucher duly signed by him.  So far as the first ground of repudiation of claim of complainant is concerned firstly the insurance company has not placed on record the terms and conditions with disentitled complainant to seek the full insured amount in the absence of fitness certificate of the vehicle.   The non-availability of valid fitness certificate may be  ground for penalizing complainant under the provisions of Motor Vehicle Act but certainly it cannot operate is  ground to repudiated the claim. Secondly the so called full and final settlement claim of complainant is also not reposing confidence because the said voucher does not bear any date also it being  printed proforma might have been got wrote from insured under cohesive and compelling circumstances. The complainant has relied upon judgments  reported in IV (2008) CPJ 67  (NC)  National Insurance Co. Ltd. V/s Gobind Chandra Nayak,  IV (2005) CPJ 347 (State Commission, Chhattisgarh) and II (2004) CPJ 51 (NC) . The gist of the aforesaid decisions would led us to only one conclusion that such like full and final vouchers should be discouraged which tent to undermine the legal rights of gullible insured. Keeping in view the discussion stated above we are of the opinion that OP 1 committed deficiency , therefore we allow the compliant we award  sum of Rs. 2,64,000/- ( 10,50,000 -7,86,000) along with interest @ 9% from the date of filing the present complaint i.e. 19.08.2015 till realization. We also award a sum of Rs.10,000/- towards harassment, mental agony loss of time which will also include cost of litigation. Ordered accordingly.
6. The OP 1 shall comply the order within 30 days from the date of receipt of this order failing which interest @ 9% shall be payable on the entire above mentioned amount from the date of this order till realization.

 Copy of this order be sent to the parties as per rules. File be consigned to record room.

                   Announced this ___________day of __________2017.