BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

Complaint No.308/2018.

Date of instt.:13.12.2018. 

                                                                       Date of Decision: 27.05.2019.

Bhola Ram, aged about 37 years son of Shri Darshan Kumar, resident of village Pipli, Tehsil Dabwali, District Sirsa.

                                                                            ……….Complainant.

                                                Versus

New India Insurance Company Limited, through its Divisional Manager/ Officer Incharge, Divisional Office at Hisar Road, near Bus Stand, Sirsa.

..……..Opposite Party.

COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION  ACT, 1986.

Before:          SH.R.L.AHUJA…………………………PRESIDENT                              

                       SH.ISSAM SINGH SAGWAL …… MEMBER                                                 

                       MRS.SUKHDEEP KAUR………MEMBER.

Present:      Shri Mukesh Arya, Advocate for the complainant.

                   Shri R.K. Bahiya, Advocate for the opposite party.

ORDER

                   In brief, the case of the complainant is that complainant is registered owner of a Motor cycle bearing No.HR 94/ 6115 and same was got insured by complainant from opposite party vide insurance policy No.35370631170300001791 valid from 14.11.2017 to 13.11.2018. The complainant had paid the premium for the said period. It is further averred that above said motor cycle of complainant was stolen from the parking place of Refinery at Rama Mandi and a FIR No.82 dated 2.4.2018 was registered in the Police Station Raman Mandi on the application of complainant. The op company was also informed by the complainant regarding theft of his motor cycle by moving an application at Kalanwali Branch, District Sirsa. That the complainant met the officials of the op time and again and submitted the requisite papers and requested them to make payment of the claim amount under the said policy but they did not give any attention towards the complainant of complainant. The op company as per their letter dated 12.6.2018 declined to pay the claim amount to the complainant, without assigning any cogent reason for the same on the ground that the FIR was registered by the police at a late stage and there is no fault on the part of complainant for delay in lodging the FIR. That complainant also got issued a legal notice dated 26.6.2018 upon the op and the op has given a evasive reply on 11.7.2018. That the act and conduct on the part of op amounts to causing unnecessary harassment, mental pain and deficiency in service. Hence, this complaint.

2.                On notice, opposite party appeared and filed written statement taking certain preliminary objections. It is submitted that complainant has claimed compensation for theft of his motor cycle while the fact remains that at the time of occurrence of alleged theft of motor cycle, the vehicle was not registered with any Registration Authorities, meaning thereby the tax for plying the motor cycle was not paid by the complainant. It is further submitted that complainant also failed to prove on file any documentary proof on the case file or with the op company till date, hence the complainant is not entitled to any compensation. Further more, the alleged occurrence of theft is of 13.2.2018 while the alleged FIR has been registered on 2.4.2018 i.e. after lapse of more than 50 days of the occurrence and complainant failed to explain the said delay in lodging the FIR. It is further submitted that complainant is estopped by his act and conduct from filing the present complaint, as he himself failed to supply the requisite documents desired by company inspite of the specific demand by op’s company through the reply to the notice and as such claim has been repudiated by the op. It is further submitted that complaint is premature. Right of appeal was/is available to the complainant against the repudiation order passed by op as per terms and conditions of the policy. Remaining contents of the complaint are also denied and prayer for dismissal of complaint made.

3.                The parties then led their respective evidence by way of affidavits and documents. The complainant produced his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10. On the other hand, op tendered copy of FIR Ex.R1 and copy of policy schedule cum certificate of insurance Ex.R2.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                Admittedly, complainant is registered owner of motor cycle bearing registration No. HR 94/ 6115 which was got insured from opposite party from 14.11.2017 to 13.11.2018. It is proved fact on record that vehicle of complainant was stolen by someone on 13.2.2018 when it was parked in the parking place on the main gate of Refinery at Rama Mandi. An FIR dated 2.4.2018 was registered by police and the policy had sent the VT to the nearby police stations and the police posts. Due intimation was given to the op and claimed was lodged, but however, same was declined.

6.                The perusal of the evidence of complainant reveals that complainant has placed on record copy of the application which was moved to the police authority on the same day of theft of motor cycle and police had entered same in their record on the same day i.e. 13.2.2018. So, it appears that police was duly informed by complainant on the same day of theft without any loss of time though police had registered case on 2.4.2018 after thorough inquiry. So, it cannot be presumed that there is delay on the part of complainant to inform the police. The op has not placed on record any letter of repudiation. So the opposite party was under legal obligation to settle and pay claim of the complainant as per terms and conditions of the insurance policy and non settlement of the claim of complainant clearly amounts to deficiency in service on the part of op.

7.                In view of the above, we allow the present complaint and direct the opposite party to pay the insured amount of Rs.35,150/- of the motor cycle to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of this order till actual payment. We also direct the op to further pay a sum of Rs.3,000/- as composite compensation and litigation expenses to the complainant. The complainant will have to submit letter of subrogation, affidavit for transfer of motor cycle and any other documents which are required by the op before payment of claim amount.  A copy of this order be sent to both the parties free of costs. File be consigned to the record room.

Announced in open Forum.                                       President,

Dated:27.05.2019.                                      District Consumer Disputes

                                                                   Redressal Forum, Sirsa.

    Member                     Member                                                    

  DCDRF, Sirsa        DCDRF, Sirsa