Jammu and Kashmir

Jammu

CC/329/2017

ASHOK KOUL - Complainant(s)

Versus

NATIONAL INSURANCE CO. - Opp.Party(s)

DALEEP BHAN

27 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

         (Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                  484/DFJ        

 Date of  Institution      22-03-2014

 Date of Decision            01-08-2018

 

Ashok Koul,

S/O Sh.J.N.Koul,

R/O H.No.40 Sector-3,

Pandoka Colony,Paloura,

Tehsil & Distt.Jammu.

                                                                                                                                Complainant

                           V/S

National Insurance Company Ltd.

Through its Branch Manager,

Municipal Committee Building Ist Floor,

Bari Brahamana,Jammu.

                                                                                                                                                Opposite party

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                                Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

Mr.Dileep Bhan, Advocate for complainant, present

Mr.Suneel Malhotra,Advocate for OP,present.

 

 

                                             ORDER.

 

                   Facts relevant for the disposal of complaint on hand are that; complainant being registered owner of Motorcycle, bearing registration No.JK02R-3898,got same insured with OP w.e.f.25-08-2010 to 24-08-2011,for sum of Rs.15,000 (Annexure-A).Allegation of complainant is that during currency of Insurance Policy,i.e.on,09-04-2011,insured motor cycle was stolen and immediately without loosing time, complainant lodged FIR at the Koper Khairana Police Station,Mumbai,on,09-04-2011 and an FIR was registered under No.1148/2011,(Annexure-B).According to complainant, he immediately intimated the fact of theft of his motor cycle to OP and lodged claim for indemnification of said loss and the OP being insurer registered the claim of complainant, vide claim No.6290000012/11.Complainant further submitted that he fully cooperated with the OP company and submitted all the requisite documents,i.e.original copy of FIR,RC of the vehicle etc.necessary for confirmation and assessment of loss caused to the vehicle and the Op company have already admitted that they  have received the documents for settlement of claim. That thereafter complainant received a communication dated 19-12-2012 for completion of formalities and again received another communication on,08-093-2013,but the complainant already represented his case through various communications, including communication dated 26-12-2012 wherein he has categorically submitted to OP company that he had already submitted all the requisite documents, the OP company did not settle the claim and finally vide letter dated,21-03-2013closed the claim as “No Claim”, which constitutes violation of terms and conditions of Insurance Policy. According to complainant, non-settling of claim amounts to deficiency in service,therefore,complainant prays for indemnification of loss to the tune of Rs.60,000/-and in addition also  prays for compensation to the tune of Rs.50,000/-.

                         On the other hand,OP filed written version and while denying the allegation of complainant, went onto submit that since the claim of complainant was closed as No Claimon,21-03-2013 and the complainant was accordingly informed about the No Claim. That since the complainant has  failed to agitate the matter before this Hon’ble Forum or any other Forum with twelve months from the date of NO Claim/disclaimer as per terms and conditions of policy, the complainant has abundant his right under the policy. The OP further submitted that the complainant had intimated that his Motor Cycle Hero Honda Passion bearing registration No.JK02R-3898 was stolen on,08-04-2011 from Koper Khairana,Maharashtra.The complainant is filing the present complaint after more than two years from the date of cause of action,therefore,present complaint is time barred and may kindly be dismissed. The answering OP after due application of mind and considering the material on record and after providing number of opportunities to complainant to submit necessary documents and report from NCRB (National Crime Records Bureau-Motor Vehicle Coordination System),a National Organization which records theft etc.,if any, reported to the police and the steps thereafter taken by the concerned police. That all the theft FIRS are recorded with the NCRB.The complainant herein was called upon to produce certificate from NCRB regarding the theft of his vehicle, as the vehicle reported to have been stolen from Koper Khairana,Navi Mumbai,Maharashtra and the claim was being lodged here at Jammu, but the complainant produced a certificate from NCRB which however stated that the said Bureau has not been reported about the said vehicle having been stolen.(copy of said report dated 30-12-2012 is annexed as Annexure-1).Since the complainant has failed to substantiate the theft of his motor cycle No.JK02R-3898,therefore,OP time and again had been requesting the complainant to produce the proof of theft, including a certificate from NCRB.As the complainant failed to produce the same despite number of opportunities, hence the Op company accordingly closed the claim as No Claimon,21-03-2013.The OP submitted that complainant had lodged the intimation of theft with National Insurance Co.Ltd.Division Office-19 Mumbai and the FIR  was also lodged at Police Station Thane,the alleged theft if any of the alleged motor cycle has also taken place outside the territorial limits of this Forum. The mere registration of FIR by the complainant does not ipso facto establishes the theft of abovesaid motor cycle .The complainant was also called upon to produce final police report which the complainant failed.Lastly,it is prayed that complaint may be dismissed.

                       Complainant adduced evidence by way of duly sworn evidence affidavit. Complainant has placed on record, copy of First Information Report, copy of FIR, copy of particulars of witnesses, copies of communications exchanged between the parties.

                     On the other hand,Ops adduced evidence by way of duly sworn evidence affidavit of Lalit Sethi Branch Manager of OP.The OP has placed on record copy of report, copies of communications exchanged between the parties, copy of Motor Claim Form, copy of Policy schedule and copy of affidavit.

                     We have perused case file and heard L/Cs appearing for the parties at length.

                 Short point winch to the fore; as to whether OP was justified in closing the claim, as, No Claim on the ground that complainant failed to produce the proof of theft including a certificate from NCRB.

                 Be it noted that in so far as insurance of motor cycle and its theft during currency of Insurance Policy are concerned, same are not in dispute.Admittedly OP closed the claim on,21-03-2013,on the ground that complainant failed to produce proof of theft including a certificate from NCRB,therefore,there is violation of terms and conditions of Insurance Policy. There is no dispute on the point that till date motor cycle could not be traced and closure report to that effect has been filed by concerned police.

                               Complainant filed his own duly sworn evidence affidavit. The deposition of complainant is more or less reproduction of contents of complaint, therefore, need no reiteration. In addition, complainant relied upon documentary proof in the shape of FIR, whereby, complainant lodged complaint regarding theft of insured motor cycle, on, 09-04-2011 at 01.40 hours.OP did not rebut the same, nor does lead evidence to the effect that lodging of FIR is necessary under the terms and conditions of Insurance Policy. Under these circumstances, we are of the opinion that complainant did not act in lackadaisically, while taking action in bringing occurrence of theft in the notice of concerned police, as he immediately informed police regarding theft on,09-04-2011 itself.Therefore,we are of the view that OP grossly erred in closing the claim on the ground that complainant failed to produce proof of theft including a certificate from NCRB,therefore,for the remissness of OP in wrongly interpreting the facts regarding supply of information to police, complainant cannot be made to suffer.Admittedly,motor cycle was stolen away during currency of Insurance Policy, effective from 25-08-2010 to 24-08-2011 and during this period motor cycle was insured for total IDV of Rs.15,000/-,therefore, complainant is entitled to indemnity to the extent of Insured Declared Value (i.e.IDV).

                            Therefore in view of the aforesaid discussion and after pursuing the record of the case, complaint filed by the complainant is accordingly allowed and we direct OP to pay sum of Rs.15,000/ ( i.e. the Insured Declared Value)alongwith interest  7% p.a.,w.e.f.21-05-2013,(i.e. two months after closure of claim), till its realization. The complainant is also entitled to Rs.5000/ as compensation for causing mental agony and harassment and litigation charges of Rs.5000/.This order shall be complied with by OP within one month from date of receipt of this order. Copy of this order be provided to the parties free of charge. Complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                              Khalil Choudhary

                                                                      (Distt.& Sessions Judge)

Announced                                                                 President

01-08-2018                                                      District Consumer Forum

                                                                                     Jammu.

Agreed by                                                                

 

Ms.Vijay Angral          

Member                                                                                              

 

Mr.Ghulam Sarwar Chauhan

Member