DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

          Complaint Case No.: 37 of 2010

 Date of Inst:21.01.2010

                Date of Decision:13.04.2010

Dara Singh s/o Sh.Chaman Singh r/o House No.37/3, Village Butrareala, Sector 41-B, Chandigarh.

                                  ---Complainant

V E R S U S

1.   National Insurance Co. Ltd., through its Branch Manager, SCO No.4-5, Sector 9-D, Chandigarh (U.T.).

2.   The Branch Manager, National Insurance Co. Ltd., SCO No.4-5, Sector 9-D, Chandigarh (U.T.).

---Opposite Parties

QUORUM       

              SHRI LAKSHMAN SHARMA         PRESIDENT

              SHRI ASHOK RAJ BHANDARI      MEMBER

PRESENT:      Sh.Gurpreet Sharma, Adv. for complainant

OPs exparte.

                            ---

PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Dara Singh  has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to:-

i)              To pay insured amount of Rs.2,89,750/- along with interest @ 18 P.a. from the date of theft i.e. 09.06.2008 till its realization.

ii)         Pay a sum of Rs.1 lac as punitive damages.

iii)    Pay a sum of Rs.50,000/- as compensation for mental agony and harassment.

iv)         Pay a sum of Rs.11,000/- as litigation expenses.

2.        In brief, the case of the complainant is that he got insured his vehicle bearing registration CH-04-A-4901 with OP vide insurance policy No.420203/31/07/6300002299 for sum insured of Rs.2,89,750/-. The said policy (Annexure C-2) was valid from 24.10.07 to 23.10.08. According to the complainant, on 09.06.2008, the said vehicle was stolen from his residence and F.I.R. (Annexure C-3) to this effect was also lodged with P.S. Sector 39, Chandigarh. Thereafter, the complainant submitted all the relevant documents including the order dated 31.01.2009 passed by the Learned JMIC, Chandigarh to OPs. According to the complainant, the RC has also been transferred in the name of the OPs but despite it, OPs failed to pay the claim.  Thereafter, the complainant served OPs with legal notice dated 03.12.2009 (Annexure C-8) but to no effect. According to the complainant, OPs failed to pay the insured claim despite his repeated requests oral as well as written which amounts to deficiency in service and unfair trade practice on the part of OPs. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        OPs were duly served but nobody appeared on their behalf either in person or through counsel. Therefore, OPs were ordered to be proceeded against exparte vide order dated 25.02.2010.

4.        We have heard the learned counsel for the complainant and have gone through the entire record including documents, annexures, affidavits etc. 

5.        Sh.Dara Singh, complainant has filed his affidavit wherein he has deposed almost the same facts as have been mentioned in the complaint. From the affidavit furnished by the complainant read with Annexure C-2, it has been duly proved that the vehicle in question was insured vide insurance policy No.420203/31/07/6300002299 which was valid from 24.10.07 to 23.10.08 for sum insured of 2,89,750/-. From the affidavit furnished by the complainant read with Annexure C-3(F.I.R.), it has also been proved that the said vehicle was stolen from the residence of the complainant on 09.06.2008. The claim was lodged with the insurance company along with all the relevant documents. Even the order dated 31.03.2009 passed by the Learned JMIC, Chandigarh proves that the vehicle in question has not been traced.  The evidence produced by the complainant has gone un-rebutted and uncontroverted. In these circumstances, non-settlement of the claim by the OPs amounts to deficiency in service and unfair trade practice.

6.        In view of above findings, this complaint is allowed with a direction to the OPs to pay a sum of Rs.2,89,750/- being the Insured Declared Value to the complainant along with Rs.50,000/- as compensation for mental agony and harassment. OPs are also directed to pay Rs.5000/- to the complainant as cost of litigation.

9.        This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the OPs shall be liable to refund amount of Rs.3,39,750/- to the complainant along with penal interest @ 18% p.a. from the date of filing of the complaint i.e.  21.01.2010 till its realization besides costs of litigation.

10.       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                       sd/-

13.04.2010                            (LAKSHMAN SHARMA)

PRESIDENT

Cm

Sd/-

(ASHOK RAJ BHANDARI)

MEMBER