Haryana

Bhiwani

CC/135/2022

Sajjan Sharma - Complainant(s)

Versus

NIAC - Opp.Party(s)

Rajesh Tanwar

29 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                     Complaint Case No. :135 of 2022

                                                                     Date of Institution    :  05.07.2022

                                                                     Date of decision:      :  29.08.2024

 

Sajjan Kumar Sharma son of Sh. Amar Singh R/o village Barwas, Tehsil and District Bhiwani.

                                                  ...Complainant 

 

                                                    Versus

The New India Assurance Company Ltd., one of its branch situated at Circular Road, Bhiwani.

...Opposite parties

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms.  Shashi Kiran Panwar, Member.

Present:        Sh. Ranvijay Pal, Advocate for complainant.

Sh. Sanjay Sharma, Adv. for OP.

 

                                                  ORDER

 

SHASHI KIRAN PANWAR,  MEMBER:

1.                 Brief facts of this case are that complainant being owner of vehicle Mahindra Maxi Truck bearing registration No.HR-61B-7429 (in short the vehicle) got it insured from OP for a period from 04.01.2019 to 03.01.2020. On 18.12.2019, the vehicle was stolen and FIR No.396 dated 18.12.2019 under Section 379 IPC was registered at P.S. Manesar, Gurugram. Complainant informed the OP insurance company and submitted all necessary documents. The vehicle was not traced out and police submitted untraced report before the Court concerned. But despite submitting the untraced report, OP insurance company did not release his claim. Legal notice dated 28.03.2022 was also issued to OP but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OP resulting into monetary loss to him besides mental and physical harassment. In the end, prayer has been made to direct the OPs to pay IDV of the vehicle in question alongwith interest @ 18% per annum from the date of theft till actual realization. Also to pay Rs.1.00 lac as compensation for harassment besides Rs.21,000/- towards litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, OP appeared and filed written statement raising preliminary objections qua locus standi, maintainability of complaint, mis-joinder and non-joinder of necessary parties and suppression of material facts. On merits, it is it is admitted that vehicle was under insurance cover for the relevant period for an IDV of Rs.2,40,750/-. It is alleged that complainant has not give any intimation qua theft of the vehicle to OP and also not submitted any claim with them. It is urged that OP insurance company is ready to pay claim amount to the complainant as per terms and conditions of the policy subject to fulfill of necessary requirements to process the claim.  In the end, denied for any deficiency in service and prayed dismissal of the complaint with costs.

3.                 Complainant in evidence, tendered his affidavit Ex.CW1/A alongwith documents Annexure C-1 to Annexure C-11 and closed the evidence on 16.11.2023.

4.                 On the other side, Ld. counsel for OP tendered in evidence affidavit Ex. RW1/A of authorized person of OP company and closed the evidence on 30.05.2024.

5.                 We have heard learned counsel for the parties and perused the record minutely.

6.                 At the outset, as per averments of the OP insurance company, it is ready to pay the claim amount to the complainant as per terms and conditions of the policy subject to furnishing of necessary documents by complainant for processing of the claim. As per record, theft of the vehicle in question is not in dispute. Complainant in order to prove his case has placed on record, documents Annexure C-1 to Annexure C-6, wherefrom it is evident that complainant is owner of the vehicle in question, that the vehicle was having IDV of Rs.2,40,750/-, that the vehicle was theft on the date alleged in the complaint and that vehicle was not traced out during investigation of the police and untraced report was submitted before the Court which was accepted vide order dated 11.04.2022. From document claim intimation letter (Annexure C-9), it is clear that complainant had informed the OP qua theft of the vehicle. Further it is fortifies from legal notice and its receipt (Annexure C-7 & C-8) that theft of the vehicle was well within the knowledge of the OP insurance company.

8.                 After hearing learned counsel for the parties and going through the record, we are of the considered view that on the day of theft, the vehicle was under insurance cover and despite best efforts by police, it has not been traced out and the Court concerned accepted such report of the police. But despite that the OP Insurance company has not released the claim to complainant which amounts to deficiency in service on their part causing him monetary loss besides mental and physical harassment.  As such, the complainant is entitled to get IDV of the vehicle. It is pertinent to mention here that the OP insurance company during the course of proceedings of this case has not agitated that the documents to process the claim have not been submitted by complainant nor they seek assistance of the Court in this regard. Therefore, we are of the view that the documents placed on record by complainant are sufficient to release the claim of stolen vehicle. Accordingly the complaint is allowed and OP is directed to comply with the following directions within 40 days from the communication of this order:-

(i)       To pay a sum of Rs.2,40,750/- (Rs. Two lacs forty thousand seven hundred fifty) as IDV of the vehicle in question, to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint till its realization subject to execution of letter of Subrogation in favour of OP Company and furnishing of affidavit & all other relevant documents qua transfer of vehicle in question in favour of OP Insurance Company by the complainant within 15 days from the date of receipt of certified copy of this order.

(ii)      Also to pay a sum of Rs.10,000/- (Rs. Ten thousand) on account of compensation for harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand  five hundred) towards litigation expenses.

                    In case of default, all the awarded amounts shall attract simple interest @ 12% per annum for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced.

Dated: 29.08.2024.