Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 96.
Instituted on : 05.03.2018.
Decided on : 16.04.2019.
Parth Gaur, age 25 years, son of Sh. Sunil Gaur, Resident of H.No. 6767, Gudia Sarai, Rewari at present H.No. 36, Gali No. 2, Vasant Vihar, Rohtak.
………..Complainant.
Vs.
The National Insurance Company Ltd., K.D.Complex, 1st Floor, Old D.C., Road, Sonepat through divisional Manager, Naraina Complex, Rohtak..
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh. S.K. Sharma, Advocate for the complainant.
Sh. DS Chauhan, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant is registered owner of Motor Cycle bearing registration No. HR-10U-9110 and the same was insured with opposite party vide policy/cover note No. 421502/31/15/6200003063 for period from 11.12.2015 to 10.12.2016. It is alleged that the vehicle of the complainant was stolen on 24.08.2016 from the outside of complainant’s house at about 12.00 p.m. An FIR bearing No. 630 dated 24.08.2016 under Section 379 of IPC was lodged in Police Station Civil Lines Rohtak. Complainant immediately informed the opposite party about the theft of his vehicle. The police was informed immediately by dialing at 100 number for the theft of motorcycle. The police could not trace the vehicle and has submitted untrace report. The complainant has completed all the necessary formalities as required by the opposite party and submitted the necessary documents as required by the opposite party and requested the opposite party to pay the amount of claim, but the same has not been paid to the complainant. That the claim of the complainant has been repudiated by the opposite party vide letter dated 07.02.2018 on the ground of violation of policy condition No. 1 regarding information. That the act of opposite party is illegal and there is deficiency in service. As such, it is prayed that opposite party may kindly be directed to pay the insured amount of Rs. 67,900/- alongwith interest @ 18% per annum from the date of theft of vehicle till payment to the complainant and also to pay an amount of Rs. 20,000/- as compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply submitted that as per the version of complainant, his vehicle was stolen on 24.08.2016 from outside of his house and FIR No. 610 dated 24.08.2016 was got registered, but the complainant has not given any information in writing immediately to the respondent. The intimation of the theft of the vehicle in question was given to the opposite party on 28.06.2017 and claim form was also submitted on 28.06.2017 i.e. after delay of ten months of the theft of the motorcycle. So, there is breach of policy terms and condition No. 1. So, claim of the complainant was legally and rightly repudiated vide letter dated 07.02.2018 for the breach of policy terms and condition no.1. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with cost qua the opposite party.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and has closed his evidence on dated 29.10.2018. Ld. counsel for the opposite party has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R8 on dated 11.03.2019 and closed his evidence.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that in the present case, insurance and theft of the vehicle of complainant is not disputed. The claim of the complainant has been repudiated by the opposite party on the ground of violation of policy terms and condition no.1 i.e. 10 months late intimation to the opposite party. As per the complainant the theft had taken place on dated 24.08.2016 and he gave intimation immediately to the concerned police station i.e Civil Lines Rohtak on the same day. Regarding this effect, FIR No.630 dated 24.08.2016 u/s 379 IPC was lodged by the complainant himself. After registration of FIR, the complainant intimated to the agent of the insurance company on the same day. To prove this fact the complainant has placed on record copy of call detail and bill Ex.C8. Perusal of this document itself shows that the complainant intimated to the agent of the company namely Umesh Kumar on the same day at 2.26P.M. on telephone no.0999868675. The detail of this telephone is mentioned on the page no.5 of the Ex.C8. The complainant narrated all the facts regarding the theft of the vehicle to the agent of the insurance company and he talked about 4 minutes 44 seconds regarding this fact. Moreover, the complainant also wrote letter to the insurance company on dated 26.12.2017 placed on record as Ex.R7 and as per this letter, he informed the agent of the company and the agent asked the complainant for FIR & V.T. and to wait for untraced report. The complainant received the untraced report from the concerned court on dated 16.06.2017 and thereafter he had submitted all the required documents with the insurance company. Hence from the documents placed on record by the parties, it is observed that there was no delay on the part of complainant to inform the police as well as to the agent of opposite party. It was the duty of the insurance agent to inform the concerned insurance company regarding the theft of the vehicle. Hence the objection taken by the opposite party about delayed intimation is turned down. As such complainant is entitled for the claim as per IDV of the vehicle amounting to Rs.67900/-.
6. In view of the above, the complaint is allowed and opposite party is directed to pay the IDV of the vehicle i.e. Rs.67900/-(Rupees sixty seven thousand nine hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 05.03.2018 till its realization and also to pay Rs.5000/-(Rupees five thousand only) to the complainant on account of cost of litigation and the compensation for the harassment caused by the opposite party to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.04.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Renu Chaudhary, Member.
