THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 562 of 14
Date of Institution : 28.10.2014
Date of Decision : 11.05.2015
Paramjit Singh S/o Amrik Singh partner Amar Tractor G.T. Road, Opp. Cargo Motors, New Amritsar
...Complainant
Vs.
National Insurance Company Ltd., Regional Office, SCO No. 332,334 Sector 34-A, Chandigarh through its Manager, through National Insurance Company Ltd. Opp.Coca Cola Factory, G.T. Road, Chheharta, Amritsar
Punjab & Sind Bank its branch office, Ist Floor, Chowk Phawara,Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Raman Kumar,Advocate
For the opposite party No.1 : Sh. P.N.Khanna,Advocate
For opposite party No.2 : Ex-parte
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
-2-
Bhupinder Singh, President
1 Present complaint has been filed by Sh. Paramjit Singh under the provisions of the Consumer Protection Act alleging therein that he purchased one Balero Mahindra bearing registration No. PB-02-BG-0060 after financing the same from Punjab and Sind Bank, Amritsar. The complainant got the said vehicle insured with opposite party No.1 on 6.3.2013 for the period from 6.3.2013 to 5.3.2014 with IDV for a sum of Rs. 3,70,000/-. According to the complainant on 10.7.2013 he went to Agra and stayed in Hotel Aroma, Aullia Road, Agra . In the morning of 11.7.2013 he was informed by the attendant of the hotel that the vehicle was not outside the hotel. Complainant tried his best to locate the vehicle and lodged FIR at Rakab Ganj Police Station at Agra. Complainant also informed the opposite party No.1 regarding theft of the vehicle by submitting all the relevant documents . Thereafter complainant visited the office of opposite party No.1 many times, but they did not pay any heed to the request of the complainant and the claim is still pending with opposite party No.1. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party No.1 to make the insured amount Rs. 3,70,000/- . Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.
2. On notice,opposite party No.1 appeared and filed written version in which it was submitted that vide letter dated 14.7.2014 complainant was called to submit the requisite documents to which the complainant sent reply dated 20.8.2014. It was submitted that after going through the said reply it was observed that complainant has not submitted any proof in respect of his journey to Agra and as such the complainant was requested to submit proof i.e. Toll Tax receipt etc which the complainant did not submit. In this regard complainant was also sent reminder dated 27.8.2014, but the complainant did not pay any heed and did not supply the requisite documents , as such the claim could not be decided . While denying and controverting other allegations, dismissal of complaint was prayed.
3. Opposite party No.2 did not appear despite service as such it was proceeded against ex-parte vide order dated 7.1.2015.
4. Complainant tendered into evidence his affidavit Ex.C-1, copy of insurance policies Ex.C-2 and C-3, copy of RC Ex.C-4, copy of FIR Ex.C-5, copy of application dated 16.7.2013 Ex.C-6, application moved to Inquiry Officer, Agra Ex.C-7, copies of cancellation report Ex.C-8 to C-11, copy of application to the DTO dated 17.3.2014 Ex.C-12, copy of application to Bank Manager Ex.C-13, copy of letter of Advocate Ex.C-14, copy of letter dated 14.7.2014 Ex.C-15, copy of reply Ex.C-16 .
5. Opposite party No.1 tendered affidavit of Sh.R.K.Arora, Sr.Branch Manager Ex.OP1/1, claim intimation letter Ex.OP1/2, copy of application moved by the complainant Ex.OP1/3, copy of letter dated 14.7.2014 Ex.OP1/4, copy of letter dated 27.8.2014 Ex.OP1/5, copy of certificate of insurance cum policy schedule Ex.OP1/6.
6. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
7. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got his vehicle Mahindra Balero car bearing registration No. PB-02-BG-0060 insured with the opposite party vide cover note Ex.C-2 for the period from 6.3.2013 to 5.3.2014 with IDV sum of Rs. 3,70,000/-. The said vehicle of the complainant was stolen at Agra on 10.7.2013 when the complainant went to Agra and stayed in hotel Aroma, Aullia Road, Agra where the car was parked and at about 6.00 a.m in the morning of 11.7.2013 the complainant found that his vehicle was missing . Some unknown persons have stolen the said vehicle on the intervening night of 10/11.7.2013. The matter was reported to the police of P.S. Rakabgang at Agra on the basis of which FIR dated 11.7.2013 Ex.C-5 was registered u/s 379 of IPC. Opposite party was also informed in writing by the complainant vide letter dated 16.7.2013 Ex.C-6. The said vehicle could not be traced out and the police submitted cancellation/untraced report in the court which was accpeted by the Ilaqa Magistrate vide order dated Ex.C-8. Claim was lodged with the opposite party, but the opposite party did not settle the claim of the complainant on the ground that the complainant did not supply the requisite documents despite letter written by the opposite party to the complainant Ex.OP1/4 with reminder dated 27.8.2014 Ex.OP1/5. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
8. Whereas the case of the opposite party is that vide letter dated 14.7.2014 Ex.OP1/4 complainant was called upon to submit the requisite documents to which the complainant sent reply dated 20.8.2014 and the opposite party after going through the said reply observed that the complainant has not submitted any proof in respect of his journey to Agra and he was requested to submit proof in this regard. Then reminder dated 27.8.2014 Ex.OP1/5 was written to the complainant to supply the Toll Tax receipts. However, the complainant kept silent and instead of supplying the said documents preferred this complaint . Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
9. From the entire above discussion, we have come to the conclusion that the vehicle of the complainant i.e. Mahindra Balero car bearing registration No. PB-02-BG-0060 was insured with the opposite party vide policy Ex.OP1/6 for the period from 6.3.2013 to 5.3.2014 with IDV Rs. 3,70,000/-. The said car was stolen at Agra when the complainant alongwith his family went to Agra and stayed at night in hotel Aroma, Aullia Road, Agra. The car was parked at said hotel on the night of 10.7.2013 but the said car was found missing in the morning of 11.7.2013 . Some unknown persons had stolen the vehicle on the intervening night of 10/11.7.2013. The matter was reported to the police of P.S. Rakabgang (Agra) on the basis of which FIR dated 11.7.2013 Ex.C-5 u/s 379 IPC was registered. Opposite party was also informed orally (on phone) as well as in writing vide letter dated 16.7.2013. The said vehicle could not be traced out and the police submitted untraced report which was accepted by the Ilaqa Magistrate vide order dated 23.11.2013 Ex.C-8. Claim was lodged with the opposite party but the opposite party demanded certain documents from the complainant vide letter dated 14.7.2014 Ex.C-15 /Ex.OP1/4. The complainant submitted the documents and reply to the opposite party vide letter dated 20.8.2014 as admitted by the opposite party. Opposite party further demanded proof of journey to Agra from the complainant vide letter dated 27.8.2014 Ex.OP1/5. The complainant had given his statement on oath that he alongwith his family members went to Agra on the aforesaid vehicle. Not only this the complainant lodged FIR with P.S. Rakabgang,Agra regarding theft of the vehicle and police after thorough investigation of this case registered the FIR copy of which is Ex.C-5 and filed untraced report with the Ilaqa Magistrate which was accpeted by the court of Ilaqa Magistrate vide order dated 23.11.2013 Ex.C-8. All this shows that the complainant went to Agra on the aforesaid vehicle and the same was stolen at Agra and the same could not be traced out by the police. So the opposite party was not justified in not deciding the claim case of the complainant only on the ground that he has not submitted proof regarding journey to Agra.
10. Consequently the complaint is allowed with costs and the opposite party No.1 is directed to pay the insured amount i.e. IDV Rs. 3,70,000/- to the complainant within one month from the date of receipt of copy of orders; failing which complainant shall be entitled to interest @ 9% p.a from the date of filing of the complaint till payment is made to the complainant. Opposite party No.1 is also directed to pay litigation expenses Rs. 2000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
11. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
11.05.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
