Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 574.
Instituted on : 20.11.2018
Decided on : 16.02.2024.
MahenderSingh age 63 years s/o sh. Shree Chand R/o Village Sarupgarh Tehsil Dadri District Bhiwani now residing at Kalanaur District Rohtak
………..Complainant.
Vs.
National Insurance Company Ltd. through its Branch office upper Kalra Petrol Pump, Outer KillaRoad, Rohtak. District Rohtak.
…….Respondent/Opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: None for complainant.
Sh.A.S.Malik, Advocate for the opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:-
1. Brief facts of the case as per the complainant are that he is registered owner of a Chevrolet Car bearing no.HR61C-4377. He insured his vehicle from the opposite party vide policy no.420303/31//15/6300000947for the period 12.05.2015 to 16.05.2016. On 27.04.2016 some unknown person had stolen the said vehicle and in the morning on 28.04.2016 the complainant found that his car was missing. He immediately lodged FIR no.492 dated 28.04.2016 with P.S. Kalanaur. Complainant also informed the concerned office of the opposite party about the said theft and submitted the relevant documents and keys of the said vehicle with the opposite party. Opposite party assured that the claim will be given after verifying the facts. Complainant repeatedly requested the opposite party to settle the claim but neither the claim has been paid nor any repudiation letter has been sent to the complainant. Complainant sent a legal notice dated 17.09.2018 to the opposite party and in reply to the same, opposite party has submitted that they have sent a letter dated 26.07.2016 and reminders dated 10.08.2016, 08.11.2016 and 15.12.2016 but the fact is that complainant had never got any letter from the opposite party. Hence there is deficiency in service on the part of opposite party and it is prayed that opposite party be directed to pay the sum assured of Rs.663000/- alongwithinterest and cost to the complainant.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its written statement has submitted that there is delay of 6 days regarding the intimation of alleged theft to the opposite party and has violated the terms and conditions of the policy and law. It is further submitted that opposite party had written letters dated 26.07.2016 10.08.2016, 08.11.2016 and final reminder dated 15.12.2016 to the complainant to provide the documents i.e. attested copy of route permit, road tax payment proof, reason for late intimation for loss, copy of purchase invoice, Non untraceable report issued through court, proof of having received intimation of theft by RTA and NCRB report and complete claim form. But the complainant did not cooperate in settlement of his claim as did not submit the required documents which were necessary in settlement of claim and opposite party is unable to proceed further in processing the claim. Non submission of requisite documents and non co-operation in settling the claim is also violation of terms and conditions of the policy. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C10 and closed his evidence on 02.12.2021. Ld. Counsel for opposite party in its evidence has tendered affidavit Ex.R1, documents Ex.R2 to Ex.R10 and closed his evidence on 25.07.2022.
4. At the time of arguments, none was appeared on behalf of complainant. As such we have heard learned counsel for the opposite partyand have gone through the material aspects of the case very carefully.
5. We have perused the documents placed on record by both the parties. In the present case claim of the complainant has been repudiated by the opposite party on the ground that complainant has not submitted the required documents with the opposite party. To prove the same, opposite party has placed on record copies of letters Ex.R2 to Ex.R5 but opposite party failed to place on record any document i.e. courier receipt, registered post receipt or delivery report etc.to prove the fact that whether these letters were ever served to the complainant or not. We have perused the reply of legal notice placed on record as Ex.R6. Perusal of this reply and written statement shows that insurance company demanded some documents from the complainant for settlement of claim. The complainant has placed on record permit of the vehicle, NCRB report and other documents in his evidence. As per our opinion all the relevant documents have already been submitted and placed on record by the complainant for settlement of claim of the complainant. There is one objection that the intimation has been given in the insurance company belatedly.The perusal of document Ex.C4 itself shows that the theft had taken place on 27.04.2016 and FIR was registered on 28.04.2016. Meaning thereby, there was no delay in lodging the FIR. The intimation regarding the theft of the vehicle has been given to the opposite party on 03.05.2016 i.e. within 5 days of theft.In this regard we have placed reliance upon the authorities in Revision petition no.2033 of 2018, decided on 14.09.2021 by the Hon’ble National commission in case titled a OIC Vs. Hari Kishan Khatri &Anr., order dated 26.10.2017 in RSA No.4958 of 2017(O & M) titled as Reliance General Insurance Company Limited Vs. GhanShyamDass and another and order of Hon’ble Supreme court of India in Civil Appeal no.5705 of 2021 titled as Dharmender Vs. United India Insurance Co. Ltd. &Ors., whereby Hon’ble Supreme Court has held that: “Repudiation of claim on ground of delay of 78 days in not informing insurance company of theft-Held, mere delay in intimating insurance company about occurrence of theft cannot be ground to deny claim of insured”. In view of the aforesaid law which are fully applicable on the facts and circumstances of the case, it is observed that there is deficiency in service on the part of opposite party and opposite party is liable to pay the IDV of vehicle to the complainant. We have also perused that complainant has not placed on record the registration certificate of the vehicle but perusal of the policy itself shows that the vehicle is hypothecated with ICICI Bank Ltd. So the awarded amount would be paid to the ICICI Bank for settlement of loan account of the complainant.As per policy Ex.C7 the IDV of the vehicle is Rs.663000/-
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to pay the IDV of vehicle i.e. Rs.663000/-(Rupees six lac sixty three thousand only) within 45 days, failing which opposite party shall be liable to pay interest @ 9% p.a. from the date of order i.e. 16.02.2024to till its realization. Opposite party is further directed to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. It is made clear that the awarded amount shall be paid to the to the ICICI Bank for settlement of loan account of the complainant and after settlement of loan amount, if any amount remains as surplus, the same shall be paid to the complainant.However complainant is directed to submit the form no.29 & 30 duly signed to the insurance company for transfer of the vehicle in favour of the insurance company.Complainant is also directed to send a letter to the RTO for cancellation of R.C.
7. Copy of this order be supplied to both the parties free of costs and also sent to the address of complainant through registered post. File be consigned to the record room after due compliance.
Announced in open court:
16.02.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member.
