BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; BHIWANI.

C.C.No.101 of 2016.

Date of Instt.:16.05.2016.

Date of Order: 20.02.2020

Dilbagh Singh aged about 52 years son of Sh.Rishal Singh resident of village Kungar, Tehsil Bhawani Khera District Bhiwani.

..Complainant.

     Versus

National Insurance Company Limited through Branch Manager, Branch Office Ghanta Ghar, Bhiwani.

          ..Opposite Party.

Complaint under Section 12 of the Consumer

 Protection Act, 1986

Before:        Sh. Nagender Singh, President.

                   Sh. Shriniwas Khundia, Member

Present:       Sh.Anil Jangra, counsel for the complainant.

                   Sh.R.K.Verma, counsel for the respondent.

ORDER

NAGENDER SINGH, PRESIDENT

                             Brief facts of the present complaint are that complainant is registered owner of motor cycle Hero Honda CD Delux/Dawn bearing registration NO.HR16J-4254 and got the same insured with opposite party vide policy No.420303/31/40/62001277  having validity from 13.06.2014 to 12.06.2015. On 29.06.2014, when the younger son of the complainant had parked the motor cycle opposite a show room, where he had gone to fetch some household articles, then motor cycle was got stolen by some un-indentified person and regarding this FIR No.402 dated 30.06.2014 was registered. Information regarding this was also given to the opposite party. The complainant submitted the requisite documents with the opposite party but his claim was repudiated by the insurance company vide letter dated 27.03.2015. Due to the act and conduct of the opposite party, the complainant has to face mental agony and harassment which amounts to deficiency in service on its part.

2.                 On being served, the opposite party contested the complaint of the complainant by filing reply taking several preliminary objections such as cause of action, barred by limitation, locus standi, suppression of material facts from this Forum and maintainability etc. It is submitted that the complainant got insured his motor cycle for the period from 13.06.2014 to 12.06.2015. The intimation regarding theft of the motor cycle was given on 01.07.2014 mentioning therein that the vehicle was stolen on 29.06.2014. Thereafter, investigator Sh.Ravi Chhabra, was appointed, who had filed his detailed report on 01.08.2014. The complainant was asked to fulfill the requirements of the company and regarding this reminders dated 11.09.2014, 06.10.2014, 31.10.2014, 24.11.2014 and 12.03.2015 were  sent to him but he failed to reply the letters, therefore, his claim was closed as No Claim. There is no deficiency in service on the part of insurance company. Other contentions have been controverted and prayer for dismissal of the complaint has been made.

3.                          Thereafter, both the parties led their respective evidence. The complainant has tendered documents Annexure C1 to Annexure C7 and closed the evidence on 31.05.2019 whereas the opposite party  has tendered documents Annexure R1 to Annexure 13 and closed the evidence on 15.10.2019.

 4.                 Heard. The counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for opposite party reiterated the averments made in the written statement and prayed for its dismissal.

5.                This fact is not disputed that vehicle in question was insured with the respondent vide policy No. 420303/31/40/62001277 having validity from 13.06.2014 to 12.06.2015 as is evident through document Annexure C3. It is also not disputed that the said vehicle was stolen on 29.06.2014 and regarding this an FIR was registered on 30.06.2014 as evident through document Annexure C1.  It is also established on the case file that the police of Police Station City Bhiwani has submitted untraceable report before the court and the same has been accepted by the Court on 25.03.2015 as is evident through document Annexure C2.  The respondent has come with the plea that the complainant has failed to submit the documents such as bank account and name, untraced report, copy of RC, NCRB report and keys etc. and regarding this letter 27.08.2014 and reminders dated 11.09.2014, 06.10.2014, 31.10.2014, 24.11.2014 and 12.03.2015 were sent to the complainant but when the documents were not supplied then the claim of the complainant was closed as No Claim vide letter dated 27.03.2015.  The ground of rejection of the claim by the insurance company is not tenable as the repudiation of the claim is purely on technical grounds in a mechanical manner. It is also necessary to state here that it would not be fair and reasonable to reject genuine claims which had already been verified and found to be correct by the Investigator appointed by the insurance company. In the present case the investigator has opined that From the circumstances of the event of theft, witnesses examined, information gathered, FIR and further examination of the insured, the event of theft seems to be genuine.  Further perusal of the report Annexure R5 reveals that copy of NCRB report and letter are with the investigator and copy of untraced report duly accepted by the court is also lying on the case file as Annexure C2.  Perusal of the case file reveals that the insurance company has not fairly dealt with the case of the complainant forcing the complainant to knock at the door of this Forum and ultimately he filed this complaint on 16.05.2016 as instead of acting fairly the insurance company is trying to avoid from his liability by making one pretext or the other, which cannot be allowed to do so.  

6.             Keeping in view the above facts and circumstances of the case it is held that the insurance company has wrongly rejected the claim of the complainant. Hence, the present complaint is allowed with a direction to the opposite party to pay a sum of Rs. 20,000/- to the complainant alongwith with simple interest @ 9% per annum from the date of filing of complaint till actual realization subject to furnishing the subrogation letter/indemnity bond, affidavit, signed form 29-30 and untraced report with the insurance company by the complainant within 20 days from the date of passing of this order and thereafter the insurance company will pay the awarded amount within a period of thirty days from the submission of said documents by the complainant. The insurance company is further directed to pay Rs.4,000/- to the complainant as compensation on account of mental agony, harassment and cost of litigation within a period of thirty days. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced in open Forum.

Dated: 20.02.2020.                 

                   (Shriniwas Khundia)                (Nagender Singh)

                            Member                            President,

                                                                 District Consumer Disputes

                                                           Redressal Forum, Bhiwani.