Delhi

East Delhi

CC/339/2013

MOHD. ARIF - Complainant(s)

Versus

NEW INDIA ASS. - Opp.Party(s)

27 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  339/13

 

Mohd. Arif

A-55, Abul Fazal Enclave

Jamia Nagar

New Delhi – 110 025                                                   ….Complainant

 

Vs.

 

1. The New India Assurance Co. Ltd.

(Through its Sr. B.M.)

D-8, Laxmi Nagar,

Chander Shekhar Azad Marg,

New Delhi – 110 092

 

2. Grievance Redressal Officer

The New India Assurance Co. Ltd.

New India Assurance Bldg. 87

Mahatma Gandhi Road, Fort

Mumbai – 400 001

 

3. In-Charge

Customer Care and Grievance Cell

The New India Assurance Co. Ltd.

Delhi Reg. Office – II

10^th Floor, Core-I, Scope Minar

Laxmi Nagar District Centre

Delhi – 110 092                                                              …Opponent

 

 

Date of Institution: 23.04.2013

Judgement Reserved on: 27.03.2018

Judgement Passed on: 28.03.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

JUDGEMENT

 

            This complaint has been filed by Mohd. Arif against The New India Assurance Co. Ltd  (OP-1), Grievance Redressal Officer - The New India Assurance Co. Ltd. (op-2) and In-Charge - Customer Care and Grievance Cell, The New India Assurance Co. Ltd. (OP-3) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

2.         The facts in brief are that on 19.12.2008 complainant Mohd. Arif purchased a Bajaj motorcycle having registration no. DL 7S BE 1409, model Pulsar 150 ES U from Fair Deal Bajaj Auto Authorized Dealer .  He got the vehicle insured on 21.12.2008 by purchasing motor vehicle insurance policy from New India Assurance Co. Ltd. (OP-1) and got a cover note no. 545384 having insurance policy no. 320302/31/08/01/00004032. 

            It has been stated that in the night of 20.07.2009 or in the morning of 30.07.2009, motor cycle of the complainant was stolen from G-12/447, Sangam Vihar, New Delhi for which FIR No. 282/09 was got registered at police station Sangam Vihar.  New India Assurance Co. Ltd. (OP-1) was informed and a theft claim against policy no. 320302/31/08/01/00004032 was also filed.  The insurance company asked the complainant to submit the report under Section 173 of Cr.P.C. which was submitted as the case was filed by investigating agency as Untraced.  This untraced report was filed in the court of Shri D.K. Jangala, M.M. South East Delhi on 25.06.2010.   After that, complainant went to New India Assurance Co. Ltd. (OP-1), but every time he was asked to complete legal formalities.  In the month of December, 2011, complaint sought the status of claim filed, but insurance company did not inform him.  The complainant changed his address which was duly informed to New India Assurance Co. Ltd. (OP-1) through Regd. A.D. letter dated 25.01.2012, but he did not get any response from New India Assurance Co. Ltd. (OP-1).

            It has further been stated that on 23.05.2012, he made a complaint to New India Assurance Co. Ltd. (OP-1) reminding him about the said theft and in the month of September 2012, he addressed to OP-2 through speed post regarding the difficulties faced by the complainant.  He received a letter on 18.09.2012 from OP-2 wherein OP-2 acknowledged the receipt of his complaint dated 14.09.2012.

             He was informed that if he did not get any reply from OP-1, he can approach to OP-3.  Thereafter, the complainant did not get any response from OP-1 and contacted OP-3, but complainant was not attended properly by the representative of OP-3 also. 

            Since the complainant did not get any response from OP-1, he got a legal notice served on 11.02.2013.  Since the complainant has not got any reply of this legal notice, he has stated that this has caused mental agony, harassment and tension to the complainant.  Thus, he has filed the present complaint praying for directions to OP to pay the amount of theft claim of Rs. 62,413/- with 18% interest; Rs. 30,000/- compensation on account of mental agony, harassment and tension and Rs. 7,000/- as litigation cost.

3.         In the WS filed on behalf of New India Assurance Co. Ltd. (OP-1), they have taken various pleas such as the complainant have not complied with the requirements of investigator of the respondent namely M/s. N&B Associates.  That being so, his claim was treated as “No Claim”. 

            It has further been stated as per FIR, the vehicle was stolen on 02.07.2009 and the complaint was lodged on 22.07.2009.  There was a delay of 20 days.  Intimation to the insurance company was also given after a delay of 11 days.  They have denied other facts also.

            No separate reply has been filed on behalf of OP-2 and OP-3. 

4.         In support of its case, the complainant have examined himself.  He has deposed the facts which have been stated in the complaint. 

            In defence, New India Assurance Co. Ltd. (OP-1) have examined Shri Shiv Dayal, Senior Divisional Manager of OP, who has also deposed on affidavit.  He has also got exhibited document such as copy of the letter of the investigator (Ex.OPW1/1).    

5.         We have heard Ld. Counsel for the complainant and have perused the material placed on record as counsel for OP did not put the appearance.  From the evidence of OP, it has been noticed that they have taken the stand that there was a delay of 20 days in lodging the FIR.  Not only that, intimation to the insurance company was given after a delay of 11 days from the date of theft of the vehicle i.e. 13.07.2009.  However, counsel for complainant have stated that this delay should not come in the way of rejecting the claim.

            If the documents placed on record (Ex.OPW1/1) is perused, it is noticed that New India Assurance Co. Ltd. (OP-1) have sent letters to the complainant, but the letters have returned with the remarks “No such person”.  They have stated that even the insured did not contact them and they have recommended the claim for “No Claim”.  The fact that New India Assurance Co. Ltd. (OP-1) have recommended the claim of the complainant as “No Claim” due to non compliance of the submission of required documents, they have not rejected the claim of the complainant.  Thus, there is no deficiency on the part of New India Assurance Co. Ltd. (OP-1).

            Since there is no deficiency on the part of New India Assurance Co. Ltd. (OP-1), it is directed that complainant may approach New India Assurance Co. Ltd. (OP-1) within a period of 2 months and file the claim alongwith the required documents on which New India Assurance Co. Ltd. (OP-1) will dispose of the claim of the complainant within a period of two months.   

          Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

 

            (SUKHDEV SINGH)

             President