BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 484 of 2013.
Date of Institution: 3.12.2013.
Date of Decision: 10-9-2015.
Daya Nand son of Shri Badlu Ram, resident of village Dhareru, tehsil and district Bhiwani.
….Complainant.
Versus
The National Insurance Company having its Registered Office at 3, Middelton Street, Kolkata and one of its Branch at Ghantaghar, Bhiwani, through its Branch Manager. …...Respondent.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Ansuya Bishnoi, Member
Present:- Shri I.S.Punia, Advocate, for complainant.
Shri A.Sardana Advocate for OP.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that he purchased a Motor Cycle bearing No.HA10EFB9F12762 for a sum of Rs.43586/- vide invoice No.1536 dated 10.10.2011 on finance basis through Indus land Bank and the same was insured with the OP. The complainant alleged that on 14.11.2011 above said vehicle was stolen in front of Punjab & Sindh Bank, Bhiwani and FIR No.417 dated 14.11.2011 was registered in P.S. Civil Lines, Bhiwani. The complainant further alleged that after completion of all the formalities the claim was submitted with the respondent for making payment of insured amount but it did not pay any heed. The complainant further alleged that due to the act and conduct of OP, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondent and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the OP filed written statement alleging therein that on receipt of intimation about the theft of motor cycle in question the surveyor was appointed for investigations in to the theft. It is submitted that the investigator after investigation submitted his report dated 16.4.2012 vide which the vehicle was purchased on 10.10.2011 but the same was not got registered till 14.11.2011 and it was also came to the notice that the alleged vehicle was driven by complainant and who was not holding a valid driving license. It is also submitted that OP written several letters dated 14.6.2012, 9.10.2012 and 16.11.2012 to complainant to submit the necessary documents but he failed to submit the same. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of respondent and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy of Bill/cash Memo, Annexure C2 Photostat copy of Sale Certificate,, Annexure C3 Photostat copy of Insurance Cover note, Annexure C4 Photostat copy of FIR, Annexure C5 Photostat copy of NCR Report, Annexure C6 Photostat copy of letter dated 29.8.2012 along with supporting affidavit.
4. In reply thereto, the opposite party has placed on record Annexure R1 Photostat copy of cash memo/bill, Annexure R2 Photostat copy of letter dated 14.12.2011, Annexure R3 Photostat copy of Investigation Report, Annexure R4 Photostat copy of statement of complainant, Annexure R5 to R7 Photostat copies of letters, Annexure R8 Photostat copy of FIR, Annexure R9 & R10 Photostat copies of Insurance Cover Note and Policy along with supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that immediately after the theft of the Motor Cycle, the complainant lodged FIR NO.417 dated 14.11.2011 on the same day of theft with the concerned Police Station. He further submitted that the complainant also informed the insurance company.
7. Learned counsel for Opposite Party reiterated the contents of the reply. He submitted that at the time of theft of the Motor Cycle the complainant has not applied for permanent registration certificate to the concerned district authority and there is delay of one month in intimation to the insurance company. In support of his contention, he relied upon the following judgments:-
1) 1(2015) CPJ 220(NC) titled as Saleena Rani Versus United India Insurance Company Ltd.
2) Civil Appeal No.8463 of 2014titled as Narinder Singh Versus NIAC Ltd. & Otrs. decided on 4th September, 2014.
3 1((2015) CPJ 384(NC) titled as OIC Ltd. Versus Vidya Bai,
4) II (2015) CPJ 727 (NC) Jaspal Kaur & Anr. Vers NIAC Ltd.
5) II (2015) 750 NC Shri Ram General Ins. Co. Ltd. & Anr. Versus Gurshinder Singh & anr.
8. Admittedly, the Motor Cycle in question was stolen on
14.11.2011 which was purchased by the complainant on10.10.2011.
The claim of the complainant has been repudiated by the insurance company/OP by taking the plea that the insurance company was informed about the theft of the Motor Cycle on 14.12.2011 after about delay of one month from the date of theft and the complainant has not obtained the permanent registration certificate of the Motor Cycle as on the date of theft, because the temporary registration certificate was valid for one month only from the date of purchase i.e. 10.10.2011. The complainant was using the vehicle and has come to Bhiwani for his personal work on 14.11.2011 without any valid registration certificate and it had been stolen. Therefore, till the date of theft of the Motor Cycle in question it had not been registered with the registration authority. Thus, the Motor Cycle was being used by the complainant in violation of mandatory provisions of the Motor Vehicle Act, 1988. Therefore, the view taken by the Hon’ble State Commission in case Saleena Rani’s case (supra) we hold that the insurance company/OP has legally repudiated the claim of the complainant. The Principal of law laid down in the cases referred above is fully applicable to the facts of the instant case. Resultantly, we dismiss the complaint of the complaint with no order as to costs.
Announced in open Forum.
Dated: 10-9-2015.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi) (Balraj Singh)
Member. Member.
