DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 211/2015
Date of Institution – 20/04/2015
Date of Order - 21/07/2016
In matter of
Mr Govind Das, adult
s/o Sh Gurudayal
R/o-F-23, Unchepar, Block C
Gali no. 2, Nr Sabjimandi Chauk,
Mandawali, Delhi 110092………………………………..…………….Complainant
Vs
1-The Regional Manager
The Oriental Insurance Co.
2,4 E/14, Ground Floor, Azad Bhawan
Jhandewalan Extn, 110055…………………………………………..Respondent
Complainant’s Advocate -Sh Pawan Kumar Sharma
Opponent’s Advocate - Sh R N Sharma
Corum- Sh Sukhdev Singh-President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
This consumer complaint has been filed by the complainant to claim sum assured amount under policy in theft of his two wheeler whose claim was denied by OP.
The complainant had a vehicle vide registration no. DL2CA-8969 which was insured with OP vide policy no. 271700/31/2015/5181 from 16/09/2014 to 15/09/2015 for a sum of Rs 1,42,000/.
In the night of 23/10/2014, vehicle was stolen. After noticing the theft, he immediately filed a police complaint and intimated OP about theft.
Complainant submitted all the required documents with OP for taking claim for a sum insured amount. After verification, OP processed the claim and assured to pay a sum of Rs 1,04,000/-
Aggrieved by the claim amount to be given by OP, complainant served a legal notice for deficiency in services and claimed for Rs 1,42,000/- with 18%. When no reply was received from OP, complainant filed this complaint and claimed a sum assured amount with 18% interest and Rs 3Lakh compensation and Rs 25,000/- for litigation charges.
Complaint was scrutinized and notice was served. OP filed their written statement with annexures. OP stated that complainant had not complied with the requirement of documents which would facilitate his claim and had sent two reminders dated 17/03/2015 and 25/05/2015 and state that complaint was under scrutiny and was not rejected. So this complaint was to be rejected.
OP stated that email was sent as intimation and no written application was submitted by complainant, still on this email intimation, OP had deputed surveyor who after proper investigation, submitted report as “Genuine Claim” and certain documents were required which were not submitted by the complainant. OP intimated complainant to complete the requirement so that OP could pass the claim for Rs 1,20,000/-as per surveyor report, which was done by the complainant. So non fulfillment of obligations by complainant, OP requested for dismissal of complaint.
Complainant submitted his evidences on affidavit which extroverted by OP of affidavit. OP also submitted the valid copy of insurance, documents required for claim, along with a letter of complainant ready to accept the amount finalized by surveyor’s report dated 17/03/2015.
Both the parties submitted their written arguments and heard arguments from both the parties. We come to the conclusion that said vehicle had valid insurance and timely police complaint was lodged. Complainant also got No-trace report through Court.
But it is clear that complainant approached before the Forum before the rejection of claim by OP ie the case was pre matured as cause of action (rejection of claim) was pending before OP.
Complainant had also not fulfilled the requirement asked by OP for claim process. But complainant’s letter for accepting surveyor’s report amount Rs 1,20,000/-was on record.
Considering all the evidences on record, we come to conclusion that there is no merit in the complaint, we pas the following order-
Complaint is partly allowed. The complainant is directed to approach OP and fulfill the entire requirement for completing pending claim process and thereafter the surveyor’s report be implemented. There are no compensation and litigation charges awarded.
The order copy be sent to the parties as per act and file be consigned to the record room
Mrs Harpreet Kaur- Member (Dr) P N Tiwari - Member
Mr Sukhdev Singh - President
