Delhi

West Delhi

CC/14/42

Hardev Singh - Complainant(s)

Versus

New India Assurance Company - Opp.Party(s)

Himanshu Kumar

08 Jun 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

  150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                     Date of institution: 22.01.2014

Complaint Case. No. 42/14                                            Date of order:08.06.2017

IN  MATTER OF

Sh. Hardev Singh Oberoi S/oSh. Surjan Singh R/o B-144 Fathe Nagar, New Delhi.

Complainant

VERSUS

1.        The Manager of the New India Assurance Co. Ltd., DRO 10^th Floor Scope Minar Core-I, Laxmi Nagar Distt.Center, Delhi-110092.

                                                                                                            Opposite party no.1

2.        Anil Batra 4 B/24 Back Side  Tilak Nagar, New Delhi-110018.

Discharged vide order dated 14.03.2014.

Opposite  party no. 2

ORDER

R.S. BAGRI,PRESIDENT

            The present consumercomplaint under section 12 of the Consumer Protection Act is brought  by Sh. Hardev Singh Oberoi named above here in the complainant for directions to the Manager, the New India Assurance Co. Ltd.and another here in after in short referred as the opposite parties to pay Rs. 4,50,000/- with interest sum assured /claimed of  his stolen  car bearing registration No. DL4CAJ1893, Rs. 50,000/- as damages/compensation for mental agony, harassment and losses and Rs. 20,000/-  as litigation expenses.

The brief relevant facts necessary for disposal of the present complaint as stated are that the complainant approached Sh.Anil Batra-opposite  party no. 2  for insurance of his car  bearing registration no.DL4CAJ 1893.  The complainant told the opposite party no. 2 that he had received claim from previous insurance company.    The opposite party no. 2 told the complainant that the opposite party no. 1  is not  taking excess premium from the  previous insurance company  and got signature  of the complainant on insurance documents .

That the complainant  got insurance policy no. 32350331130100000375valid from25.04.2013  to 24.04.2014  on  payment of Rs. 11,220/- as premium of the policy for  assured sum of Rs. 4,50,000/-  of his car  no. DL4CAJ1893 from the  opposite party  no. 2.  The   complainant on 20.09.2013 parked his car near his  house and next day i.e. 21.09.2013 at  7.00 A.M.  thecar was found  missing. The complainant made complaint at Police Station Hari Nagar, New Delhi and FIR no. 409/13 was registered at Police Station Hari Nagar. 

That  the Police Station Hari Nagar submitted untrace report to the Illaqua Metropolitan Magistrate.Who accepted the untrace report.  The complainant  submitted claim with the opposite party no. 1.  But the opposite party no. 1 vide letter dated 30.12.2013 repudiated the claim of the complainant  onfalse and frivolous ground.Hence the present claim for directions to the opposite party no. 1 to pay Rs. 4,50,000/- with interest sum assured /claimed of  his stolen car bearing registration No. DL4CAJ1893, Rs. 50,000/- as damages/ compensation for mental agony, harassment and losses and Rs. 20,000/- as litigation expenses.

  After notice the opposite party no. 1 appeared andfiled reply while contesting the complaint and raising preliminary objections that the complaint is false and  frivolous, vexatious and the opposite party no. 1  has rightly repudiated claim of the complainant.  The car of the complainant was earlier insured with ICICI Lombard General Insurance Company  and stated that the  insurance policy  in the name of the complainant  was transferred to the opposite party no. 1 vide endorsement dated 12.07.2011 .  The car  of the complainant is insured with the opposite party no. 1 vide policy no.32350331130100000375 valid for the period from 25.04.2013  to 24.04.2014 on the basis of no claim benefit (NCB) declaration given by the complainant with an undertaking that if the said declaration  is found to be incorrect  all benefits under the policy will stand forfeited and on scrutiny of  the  previous policy it revealed that the complainant  lodged claim on 25.07.2011 and availed 20% no claim benefit (NCB) giving  false declaration on 12.04.2012 at the time of insuring the car with the opposite party no. 1.  Therefore, the complainant  committed breach of the insurance policy by giving false information and mis-representation  of the material facts thereby violating fundamental principles  of utmost good faith underlying by insurance contract and the claim has been rightly repudiated vide letter dated 30.12.2013.  The opposite party no. 1 has denied all the other allegations and asserted that there is no unfair trade practice and deficiency in service on the part of opposite party no. 1.  Therefore, the opposite party no. 1 is not liable to pay any amount includingcompensation and prayed for dismissal of the complaint.

The opposite party no. 2 was discharged vide order dated 14.03.2014.

 The complainant filed rejoinder to the reply of the opposite party no. 1 controverting stand of the opposite party no.1 and reiterated his stand taken in the complaint and once again prayed for the directions.

When the complainant was asked to lead evidence by way of affidavit, he filed affidavit narrating facts  of the complaint. The  complainant  also relied upon

Annexure “A”  Insurance Policy No. 32350331130100000375 valid for the period from 25.04.2013 to 24.04.2014, Annexure “B” untrace report submitted by the S.H.O. Police Station Hari Nagar  to the Metropolitan Magistrate with copy of order dated 26.10.2013 passed by Learned Metropolitan Magistrate Delhi West,  Annexure “C”   application dated 17.12.2013  filed by complainantunder RTI Act before  the manager New India Assurance Company Ltd. and the letter dated 30.12.2013.

            When the opposite party no. 1 was asked to lead evidence by way of  affidavit, they tendered in evidence  affidavit of Sh. G.D. Junejaauthorisedrepresentative of  opposite party no. 1 .  The opposite party no.1also relied  upon the documents produced by the complainant.

            The parties through their counsel have submitted written arguments in support of their respective contentions.

            We have heard learned counsel for the parties and have gone through the record  carefully and thoroughly .

             From pleadings of the parties, affidavits and documents relied upon  bythe parties it is common case of the parties  that the car no. DL4CAJ1893 was earlier insured  with ICICI Lombard.  On request of complainant the car vide insurance policy  no. 32350331130100000375 valid for the period from 25.04.2013  to 24.04.2014on payment  of 11,220/- was insured with the  opposite partyno. 1 The vehicle  was stolen on 21.09.2013 and FIR no. 409/13 dated 21.09.2013 under section 379 of Indian Penal Code was registered at  Police Station Hari Nagar  and police of  Police Station Hari Nagar submitted untrace report to the  Metropolitan Magistrate Delhi West. Learned Metropolitan Magistrate Delhi West vide order dated 26.10.2013 accepted the untrace report.  Therefore, the complainant submitted claim with the opposite party no. 1. But the opposite party no 1 repudiated claim of the complainant vide  Annexure “C” letter dated 30.12.2013 on the ground  that while  effecting policy  no. 32350331120100000209 from the opposite party no. 1  availing 20% no claim benefit (NCB) on the basis  of duly signed declaration dated 12.04.2012   affirming that there was no claim under expiring  policy. The policy no. 3001/53941410/03/000 with ICICI  Lombard  was  transferred  to the opposite party no. 1 on 12.07.2011 vide endorsement no. 3001/53941410/03/001 and   claim was lodged under the said policy.

            Before proceeding further it is worth while  to reproduce  important notice of the  Annexure “A”  insurance policy no. 32350331130100000375which reads as under :-

            “ It is clarified that  in case the declaration  regarding  the  ncb  or other  previous policy details  made by the insured, is found  to be incorrect, all the benefits (including claim) under section 1 of this policy, will  stand forfeited.”

          It is also worth while to re-write body of Annexure “C” letter dated 30.12.2013 which reads as under:-

          “while effecting policy no. 32350331120100000209 with our operating office, you  availed 20% NCB, on the basis of duly signed written declaration dated 12.04.2012  affirming that  there was no claim under the expiring policy but it is evident that the policy no. 3001/53941410/03/000 with ICICI  Lombard,  was  transferred in your favouron 12.07.2011 vide endorsement no. 3001/53941410/03/001  and a claim was lodged  by you  under the said policy/endorsement.”

          From  bare perusal of Annexure  “A”  and Annexure “C” it is evident  that the complainant  submitted declaration regarding  no claim  benefit.  But the declaration isfound  to be incorrect and  the complainant gave wrong  information of no claim benefit (NCB) in declaration dated  12.04.2012  affirming that  there is no claim under the expiring policy and it is  evident that policy no. 3001/53941410/03/000  with ICICI   Lombard was transferred with  opposite party no. 1 after availing  20% no claim  benefit.

          Hence the complainant gave wrong information and violated terms and conditions of the policy 32350331130100000375 valid for the period from 25.04.2013 to 24.04.2014 and there is no unfair trade practice and deficiency  in service on the part of the opposite party no. 1. , therefore, the opposite party rightly  repudiated claim of the  complainant.

          Resultantly there is no merit in the complaint. The same fails and is hereby dismissed.

            Order pronounced on : 08.06.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

                  

 

(PUNEET LAMBA)                                                              ( R.S.  BAGRI )

                         MEMBER                                                                               PRESIDENT