BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.302 of 2017
Date of Institution: 24.11.2017
Date of Decision: 3.4.2018
Jaspreet Singh, aged about 30 years, son of Sh. Jagjit Singh, resident of Khairpur, Sirsa, District Sirsa.
………Complainant.
Versus
The New India Insurance Company Limited, through its Divisional Manager at Sirsa, District Sirsa.
……… Opposite party.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SH. MOHINDER PAUL RATHEE ……MEMBER.
Present: Sh. Shankar Gupta, Advocate for the complainant.
Sh. Rakesh Bajaj, Advocate for opposite party.
ORDER
In brief, case of complainant is that complainant is the registered owner of Motor Cycle No.HR 24-N 4575, make Bajaj Platino, of black colour. This motor cycle of the complainant was stolen on 1.9.2016 and the police of Police Station City Sirsa was informed in this regard by the complainant and FIR No.675 dated 09.09.2016 under Section 379 IPC was registered in Police Station City Sirsa. The complainant had also informed the office of the op company regarding theft of the above said motor cycle of the complainant. It is further averred that after the registration of the above said FIR regarding theft of the said motor Cycle, the police submitted the “Un-traced report” in the court and same was accepted by the Court of Mrs. Aarti Singh, learned Additional Chief Judicial Magistrate, Sirsa. The above said motor cycle of the complainant was insured with the op company vide Insurance Policy bearing No.35370031140100010447 valid for the period from 30.03.2016 to 29.03.2017 including the risk of theft. The Motor cycle of the complainant was stolen within the period of aforesaid insurance. Therefore, the complainant is entitled to the amount of insurance as per the above said insurance policy. The complainant has complied with all the procedural formalities in order to get the claim in respect of theft of his motor cycle. The complainant met the official of the op company at Sirsa and requested them for making payment of the insurance amount under the above said policy and written an application and also sent the copies of the FIR, Un-traced report, V.T. and copy of the insurance policy but the op company and its officials have not heard the complainant and they are avoiding payment of the amount of insurance to the complainant. It is further averred that complainant several times requested the op company and the officials concerned for making payment of the insurance amount in respect of theft of the above said motor cycle under the above said policy but the op has totally refused to accede to the request of the complainant vide letter dated 27.02.2017 on the ground of delayed intimation but the complainant intimated the company immediately. The above said letter has been wrongly issued and the payment of the complainant has been wrongly withheld on the baseless ground. The aforesaid letter dated 27.2.2017 is liable to the quashed. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections regarding maintainability, locus-standi, concealment and suppression of true and material facts, estoppel and that complainant has violated the terms and conditions of the insurance policy. It is submitted that the motor cycle of complainant was allegedly stolen on 1.9.2016, whereas he reported the same to the police on 9.9.2016 i.e. after nine days of alleged theft and informed the op on 30.11.2016 i.e. after a gap of three months, whereas as per terms and conditions of the insurance policy, the complainant had to intimate the fact of theft of his motor cycle to the police and opo immediately. So, the complainant has grossly violated the terms and conditions of the insurance policy. So, the claim of the complainant has been rendered as No Claim in a legal and lawful manner as per terms and conditions of the Insurance Policy. As such, the complainant is not entitled to any compensation. Remaining contents of the complaint are also denied.
3. The complainant produced documents, affidavit Ex.PW1/A, copy of letter Ex.C1, copy of letter dated 27.2.2017 Ex.C2, copy of FIR Ex.C3, copy of certificate of registration Ex.C4, copy of pollution certificate Ex.C5, copy of policy schedule No.35370031150100013047 Ex.C6, copy of ration card Ex. C7, copy of order dated 24.4.2017 Ex.C8, copy of entry of register Ex.C9. On the other hand, op produced affidavit of Sh. K.S. Chaudhary, Sr. Divisional Manager Ex.R1, copy of analysis of motor claim Ex.R2, copy of letter dated 27.2.2017 Ex.R3, copy of claim detail Ex.R4, again copy of letter dated 27.2.2017 Ex.R5, copy of letter Ex.R6 and copy of policy Ex.R7.
4. We have heard the learned counsel for the parties and have perused the case file carefully.
5. It is an admitted fact between the parties that the motor cycle of the complainant bearing registration No.HR 24N-4575 was insured with the opposite party for the period 30.3.2016 to 29.3.2017. It is also an admitted fact between the parties that said motor cycle of complainant was stolen on 1.9.2016 i.e. during the subsistence of the policy period. The claim was lodged by the complainant with the opposite party but the opposite party has not settled the claim of complainant on the ground of late intimation to the opposite party. But the complainant in his application Ex.C1 moved to the Divisional Manager of the opposite party has alleged that he informed the company well in time on telephone. The complainant has also placed on file copy of entry of register maintained by District Radio Officer (Telecom) office of Superintendent of Police Sirsa as Ex.C9 whereby it is duly proved that complainant informed the police on the same day of theft. So, the plea of the opposite party that complainant reported about theft of his motor cycle to the police on 9.9.2016 i.e. after nine days of theft is belied by the said document and it is proved beyond any doubt that complainant well informed the police about theft of his motor cycle well in time though police registered the FIR on 9.9.2016 for which complainant cannot be said to be at fault. Therefore, it cannot be said that complainant did not inform the opposite party well in time about theft of his motor cycle. Even if for the sake of arguments it is admitted that opposite party was informed about theft of motor cycle by complainant after some delay, it cannot be said that any prejudice has been caused to the opposite party because the police i.e. investigating agency has investigated the matter and has submitted untraced report which was duly accepted by the Court of learned Addl. Chief Judicial Magistrate, Sirsa vide order dated 24.4.2017, copy of which is on file as Ex.C8. Moreover, the insurance company should not reject the genuine claim of the insured only on the basis of delay. In this regard, we are also fortified with the observations of the Hon’ble Supreme Court in case titled as Om Prakash Vs. Reliance General Insurance and anr. Civil Appeal No. 15611 of 2017 arising out of SLP (C) No.742 of 2015. Therefore, repudiation of the claim of the complainant by the opposite party on the ground of delay is not justified rather amounts to deficiency in service. The complainant is entitled for claim amount of the motor cycle after depreciation as the complainant got insured his motor cycle on 30.3.2016 with the opposite party for a sum of Rs.18,000/- and same was stolen on 1.9.2016. In our view, the amount of Rs.15,000/- would be just and proper amount as claim amount of the motor cycle in question of the complainant.
6. In view of the above, we allow the present complaint and direct the opposite party to pay a sum of Rs.15,000/- to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% on the said amount of Rs.15,000/- from the date of this order till actual realization. We also direct the opposite party to pay a sum of Rs.5000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. Member President,
Dated:3.4.2018. District Consumer Disputes
Redressal Forum, Sirsa.
