F I N A L   O R D E R

This is a complaint U/s 12 of the Consumer Protection Act, 1986 with the prayer for an order directing the O.P. Insurance Company to pay balance amount of loss of Rs.57,000/- of the theft of the vehicle with interest @ 12% P.A. from the date of loss, to pay compensation of Rs.30,000/-, litigation cost of Rs.10,000/- and any other reliefs to the complainant.

The complaint case in short is that the complainant is the owner of a vehicle being No.WB-60C/7622, insured under the O.P. Insurance Company being policy No.150600/31/ 12/6100000874 valid from 31.05.12 to 30.05.13. During the insurance coverage period on 05.02.13 the complainant parked his vehicle with lock and key in front of his house at night and then he went to sleep. After that the complainant week up in the morning on 06.02.13 and saw that his vehicle was stolen by someone, it may be some unknown miscreants from his house. As a result the complainant lodged a complaint before the local police station on 06.02.13. Informed the matter to the O.P. Insurance Company through a letter dated 07.02.2013 and submitted the claim Form before the O.P. Insurance Company for getting his claim. Thereafter, on 24.12.14 though the insurance company forcibly took signature of the complainant on a Voucher of a sum of Rs.1,63,000/- as full and final settlement of the complainant’s claim  in respect of the total loss of his vehicle being WB-60C/7622 but the complainant stated that at the time of signature on the Voucher he expressed his unwillingness to made a written objection against the settlement amount as mentioned by the  O.P. Insurance Company on voucher. In that moment the O.P. Insurance Company gave assurance to the complainant , so he sign on the voucher but thereafter the complainant noticed that on 20.02.15 the O.P. Insurance Company only deposited a sum of Rs.1,63,000/- out of Rs.2,20,000/- as the claim ,into the bank account of the complainant. Thereafter the complainant several times requested the O.P. Insurance Company to pay the balance amount of Rs.57,000/- but in vain. So, finding no other alternative the complainant filed this complaint before this Forum to get proper relief.

On the other hand, the O.P. No.2 by filing W.V. has contested this case denying all the material allegations against him made by the complainant rather contended that this case is not maintainable in its present form and law. Their specific case is that the O.P. Insurance Company already paid Rs.1,63,000/- to the complainant on 29.12.14 as full and final settlement of the claim made by the complainant, so as per contract as well as law he must stopped from claiming any further amount in respect of the above noted claim of the complainant. The O.P. No.2 prays for dismissal of the petition of the complainant with cost. The O.P. No.1 in spite of taking notice had not appeared in this case. So, this case is heard ex-parte against the O.P. No.1.

To establish their case the complainant and the O.P. No.2 have relied upon separate affidavit-in-chief sworn by them upon some documents and upon their own statements recorded as P.W.1 and O.P.W.1.

DECISIONS WITH REASONS

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing, arguments advanced by the lawyers of both sides, the Ld Forum has come to the findings as follows: -

It is admitted fact that the complainant is an owner of the vehicle bearing No.WB-60C/7622 and had a motor insurance policy of the National Insurance Company being policy No.150600/31/12/6100000874 and the above noted theft was occurred during the insurance coverage and the O.P. Insurance Company already paid only Rs.1,63,000/- to the complainant for settlement of the complainant’s claim.

The O.P. No.2 has alleged that the insurance company already paid Rs.1,63,000/- to the complainant on 29.12.14 as full and final settlement of his claim, so as per contract he did not claim further in respect of his above noted claim. The original Printed document, FORM ACL-10(5), Motor Loss Voucher supported the above allegation of the O.P. Insurance Company. But the photocopy of the same document filed by the complainant shows that the complainant only signed in the same Voucher without any date and without any signature of any witness. On perusal of above document it is clear that the date and signature of the witness was taken by the O.P. Insurance Company after distributing the photocopy of the above Form Voucher to the complainant.

We also see from the complaint where the complainant has alleged that the O.P. Insurance Company forcibly took signature from the complainant on 24.12.14 in their printed Form with assurance that they will give balance amount of Rs.57,000/- in future and for making payment of Rs.1,63,000/- the O.P. Insurance Company took bank’s particulars from the complainant and the complainant also stated in his complaint petition that he submitted one letter dated 24.12.14 to the O.P. Insurance Company regarding his objection for not receiving the full claim amount i.e. Rs.2,20,000/- as he received only Rs.1,63,000/- instead. It has been found, from the carbon copy of the above objection letter dated 24.12.14 that the said letter was received by the receiving authority of the O.P. Insurance Company on 24.12.14 with original seal and signature, which is filed by the complainant for perusal of this Forum.

So, it is clear that the O.P. Insurance Company did not paid the full assured money of Rs.2,20,000/- as it is clear from the Insurance policy of the complainant and also clear that the complainant raised his objection by the above noted letter dated 24.12.14 at the time for making payment of Rs.1,63,000/-. So, we decided that the complainant has able to prove his case and he is entitled to get balance amount of Rs.57,000/- as per his claim from the O.P. Insurance Company and the O.P. Insurance Company cannot be avoid the liability in this case. And so, we decided the case with the following order,

Fees paid are correct.

Hence, it is

ORDERED,

That the consumer complaint being No. CC - 26/15 be and the same is allowed on contest without cost.

The complainant do get an order of Rs.57,000/- as balance sum assured money and also a compensation of Rs.2,000/- together with litigation cost of Rs.1,000/- against the O.P. Insurance Company, which is in total of Rs.60,000/- (Rupees Sixty Thousand) only and be paid within one month from the date of passing of this order; failing which the awarded amount will carry interest @ 9% p.a. till full realization; failing which the complainant will be at liberty to realize his claim in accordance with law.

Let copies of this order be supplied to the parties free of cost.