BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.356 of 2019

      Date of Instt. 27.08.2019

      Date of Decision: 22.12.2020

Pooja aged 36 years w/o Deepak r/o Mohalla Kohlian, Nurmahal, Jalandhar.

..........Complainant

Versus

Manager, National Insurance Company limited, Branch Office-Nurmahal Road, Nakodar Jalandhar.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Sh. Kuljit Singh             (President)

Smt. Jyotsna                   (Member)

Present:       Sh. Manjit Rai, Adv. Counsel for the Complainant.

Sh. A. K. Arora, Adv. Counsel for the OP.

Order

Kuljit Singh (President)

1.                The instant complaint has been filed by the complainant, wherein alleged that she purchased the vehicle TVS Jupiter bearing registration No.PB08DX8851 Model 30.01.2018 and same was got insured by the complainant on same day against the amount of Rs.1677/- from the OP. At the time of getting the insurance policy, the official of the said company assured that the cover note of the policy is the full amounting of the vehicle and in case of accident, the company will pay the full amount of the vehicle to the complainant. The validity period of said policy was from the date of 30.01.2018 to 29.01.2019. That the said vehicle was purchased after its finance from the company M/s TVS credit service limited company and the loan amounting Rs.51,500/- was taken from the said company on same day of its purchase. On 19.10.2018, the husband of the complainant namely Deepak Kumar went to see the festival of Dushera at his area and he stopped the scooter there and locked it. When he came back there and saw the said scooter was not there. He searched the vehicle all there and found out that the said vehicle was stolen. After looking and search here and there the complainant with her husband went to the concerned police station and gave written complaint there about the said incident. The said police authority entered the Jimni No.18 dated 25.12.2018 of the same complaint and the FIR No.65 dated 27.08.2018 u/S 457/380 of IPC was registered at PS Nurmahal and the investigation is still pending in the same police station. That the complainant also went to the office of the OP and informed in written about the theft of the said scooter and the official of the OP took the set of two keys of the vehicle and insured the complainant that the insurance claim will give her after some investigation and formalities. The complainant visited the office of the OP again and again, but the officials of the said company delayed and avoided the matter by pretending to one pretext after another. After laps of long time the complainant also requested to the official of the OP that the said vehicle is purchased after getting the huge amount of loan of Rs.51,500/- and if they will pass the claim of given policy then she will able to return the amount to the said finance company and also told them that the employees of the said finance company are visiting at her house day by day and demanded and insulted to complainant to deposit the installments of loan amount of the scooter which is already stolen, she also show the legal notice from the finance company with this effect, but all the officials of said company did not give any appropriate response to her. That after long time of the said incident on 22.07.2019, the complainant received the letter of her claim under policy No.404302311710001003 from the National Insurance Company where clearly written that as “at the time of the said vehicle the driver was the husband of the complainant and he has no driving license with him which is the violation of policy conditions”. The complainant was surprised after read the letter because she with her husband clearly stated to the police authority that the scooter was stolen in standing possession and at the time of incident, no one was driving that vehicle. It itself unbelievable that while driving the vehicle how can it stolen by someone and the said vehicle was stolen in standing position and did not take any accident where driving license is considerable. The company refusing/rejecting the claim of the complainant without any reasonable ground and the investigation conducted by the investigator Sh. R. S. Bhatti is totally baseless and favouring the company illegally.

2.                That the OP is liable to give the claim under their insurance policy, but the OP instead of admitting their fault and wrong report of investigation, refused to listen the request of the complainant by denying the legal claim of the complainant. The facts and circumstances narrated in the present complaint prima facie proves that there is serious deficiency on the part of the OP in rendering proper service/claim to the complainant and the officials of the OP acted negligently, without merits and carelessly in dealing with the case of the complainant and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OPs be directed to pay the full insurance claim of Rs.60,000/- with interest and compensation to the tune of Rs.50,000/- on account of mental agony, harassment and emotional distress suffered by the complainant and further, OPs be directed to pay litigation expenses, which this Forum deem just and proper for the filing and perusing the present complaint.

3.                Notice of the complaint was given to the OP, who duly served and appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections that there is no deficiency in service or unfair trade practice on the part of the OP and that being so, the present complaint is liable to be dismissed with special cost. It is further submitted that the complainant has tried to play fraud with the OP and has wrongly stated in the intimation letter qua the theft of vehicle submitted by the complainant with the OP that Sh. Manjit Kumar was the driver of the vehicle at the time of alleged theft. In fact at the time of theft of the vehicle, Sh. Deepak Kumar was the driver of the vehicle in question, who was not having any driving license to drive the vehicle, which is a breach of condition of policy of insurance in question. The complainant has tried to mislead the OP by alleging in the intimation that Sh. Manjit Kumar was the driver of vehicle at the time of alleged theft. It is further alleged that immediately on the receipt of information of the theft of the vehicle i.e. TVS Jupiter bearing registration No.PB08-DX-8851, insured with the OP, Mrs. R. S. Bhatti Insurance Investigator was appointed as investigator to investigate the theft of vehicle in question, who has submitted his investigation report dated 28.04.2019 with the OP. In the said investigation report, it has been stated that the vehicle at the time of alleged accident was taken by Sh. Deepak Kumar to Dushera Ground and was stolen from the place of parking. On the receipt of investigation report from Sh. R. S. Bhatti Investigator, letter dated 21.05.2019 was written to the complainant asking for submission of duplicate copy of RC, Untraceable report, NCRB Report and get incorporated engine number and Chassis number of the vehicle in the FIR. Reminder dated 12.06.2019 and 09.07.2019 to this effect were sent to the complainant. Further letter dated 22.07.2019 was written by the complainant alleging therein that as per report of investigator, at the time of theft Mr.Deepak Kumar was the driver of the vehicle and who have not valid driving license. In the FIR Mr.Deepak Kumar was the driver of the vehicle, more so in the statement of Mr.Deepak Kumar recorded by the investigator Deepak Kumar was mentioned as driver and he has no driving license, which is in the violation of policy conditions. On merits, it is admitted that the vehicle of the complainant was insured with the OP and the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

4.                Rejoinder to the written reply of the OP filed, whereby reasserted the entire facts as detailed in the complaint and denied those of the written statement.

5.                In order to prove their respective claim, both the parties produced on the file their respective documents.

6.                We have heard the learned counsel for the respective parties and have also gone through the written arguments submitted by learned counsel for the complainant as well as case file very carefully.

7.                Precisely, the case of the complainant is only that he purchased a vehicle and same was got insured by the complainant on same day against the amount of Rs.1677/- from the OP, copy of the policy cover notice is Ex.C-1 and copy of RC is Ex.C-2. On 19.10.2018, the husband of the complainant namely Deepak Kumar went to see the festival of Dushera at his area and he stopped the scooter there and locked it. When he came back there and saw the said scooter was not there. He searched the vehicle all there and found out that the said vehicle was stolen. After looking and search here and there the complainant with her husband went to the concerned police station and gave written complaint there about the said incident, copy of the same is Ex.C-4. The said police authority entered the Jimni No.18 dated 25.12.2018 of the same complaint and the FIR No.65 dated 27.08.2018 u/S 457/380 of IPC was registered at PS Nurmahal, copy of the same is Ex.C-3 and the investigation is still pending in the same police station. That the complainant also went to the office of the OP and informed in written about the theft of the said scooter and the official of the OP took the set of two keys of the vehicle and insured the complainant that the insurance claim will give her after some investigation and formalities. The complainant visited the office of the OP again and again, but the officials of the said company delayed and avoided the matter by pretending to one pretext after another. After laps of long time the complainant also requested to the official of the OP that the said vehicle is purchased after getting the huge amount of loan of Rs.51,500/- and if they will pass the claim of given policy then she will able to return the amount to the said finance company and also told them that the employees of the said finance company are visiting at her house day by day and demanded and insulted to complainant to deposit the installments of loan amount of the scooter which is already stolen, she also show the legal notice from the finance company with this effect, but all the officials of said company did not give any appropriate response to her. That after long time of the said incident on 22.07.2019, the complainant received the letter of her claim under policy No.404302311710001003 from the National Insurance Company where clearly written that as “at the time of the said vehicle the driver was the husband of the complainant and he has no driving license with him which is the violation of policy conditions”. The complainant was surprised after read the letter because she with her husband clearly stated to the police authority that the scooter was stolen in standing possession and at the time of incident, no one was driving that vehicle. It itself unbelievable that while driving the vehicle how can it stolen by someone and the said vehicle was stolen in standing position and did not take any accident where driving license is considerable. The company refusing/rejecting the claim of the complainant without any reasonable ground and the investigation conducted by the investigator Sh. R. S. Bhatti is totally baseless and favouring the company illegally and as such, the present complaint filed.

8.                On the other hand, OP submitted that at the time of theft Deepak Kumar was the driver of the vehicle and he has no driving license. Also on the receipt of investigation report from Sh. R. S. Bhatti investigator, letter dated 21.05.2019 was written to the complainant asking for submission of duplicate copy of RC, untraceable report, NCRB report and get incorporated engine no. and chassis no. of the vehicle in the FIR and also submitted that without driving license is violation of the policy conditions.

9.                After considering the over all facts, it is clear that the vehicle of the complainant was stolen, regarding this he gave written complaint, copy of the same is Ex.C-4. The said police authority entered the Jimni No.18 dated 25.12.2018 of the same complaint and the FIR No.65 dated 27.08.2018 u/S 457/380 of IPC was registered at PS Nurmahal, copy of the same is Ex.C-3 and the investigation is still pending in the same police station. Now, one thing is clear that vehicle was stolen not accidental loss, then what was the need of Driving License and the complainant produced on the file all documents i.e. Copy of Policy Ex.C-1, Copy of RC Ex.C-2, Copy of FIR Ex.C-3, Copy of Written Complaint Ex.C-4, Copy of Untrace Report Ex.C-5 and one main document Ex.C-9 in which the Insurance Company demanded some documents i.e. Duplicate Copy of RC, Untrace Report, NCRB Report and Incorporate Engine No. and Chassis No. in the FIR. So, we directed the complainant to submit these documents to the National Insurance Co. and then company gave claim to the complainant and therefore, the complainant is entitled for the relief.

10.              In the light of above detailed discussion, the complaint of the complainant is partly accepted and OP is directed to settle the claim of the complainant after receiving the requisite documents from the complainant. Further, OP is directed to pay compensation to the complainant, to the tune of Rs.5000/- for causing mental tension and harassment and also pay litigation expenses of Rs.2000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

11.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                       Jyotsna                           Kuljit Singh

22.12.2020                              Member                          President