Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 315.

                                                          Instituted on     : 17.07.2018.  

                                                          Decided on      : 13.12.2021.

Manjeet Kumar, aged 23 years son of Sh. Dharambir, resident of H. No. 214/4 Jai Hind Colony, Jhajjar.

                                                          ………..Complainant.

                                       Vs.

Oriental Insurance Co. Ltd. Jawahar Market, D-Park, Model Town, Rohtak, through its Divisional Manager.                                                                                                        ……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Argued:       Shri Basant Kumar, Advocate for the complainant.  

                   Shri R.K. Bhardwaj, Advocate for the opposite party.

                                      ORDER

NAGENDER SINGH KADIAN:

1.                Brief facts of the case are that the complainant is owner of motor cycle bearing temporary registration no. HR-99TEMP-7410, which was purchased on 18.11.2015 and same was insured with the respondent vide policy no.261200/31/2016/6530 from 18.11.2015 to 17.11.2016 for IDV value of Rs.48,906/-. The complainant was falsely implicated by the police in case FIR no.1143 dated 22.11.2015 under Section 489-B, 489-C of IPC Police Station, Jhajjar and the vehicle in question was also taken in possession by the Police. During Jat Reservation Agitation, some miscreants have set on fire the Police Station and the vehicle in question was burnt in that incident and in this regard, a case vide FIR no.115 dated 22.2.2016 Police Station, Jhajjar was registered. The complainant informed the officials of respondent about the incident and applied for insurance claim. The complainant approached to the respondent officials and requested to disburse the claim amount in his favour but despite his repeated requests the respondent did not disburse the claim amount. Hence, this complaint and it is prayed that opposite party may kindly be directed to disburse the insurance claim amount of Rs.48,906/- alongwith interest @ 18% per annum from the date of incident till the date of actual realization and also to pay an amount of Rs.1,00,000/- on account of harassment as well as Rs.11,000/- on account of litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party. Opposite party in its reply submitted that the vehicle in question was burnt on 20.2.2016 in Police Station Jhajjar during Jat Agitation and intimation was given to the Insurance Company on 24.4.2018, the claim form was submitted by the complainant on 24.4.2018. Thus, there is a violation of terms and condition of the policy specially condition no.1 of the policy by which intimation to the insurance company should be given immediately. It is also submitted that in Jat Agitation, the property which was burnt, the Haryana Government compensate the persons through money. In this case, if the vehicle was burnt in Police Station Jhajjar then he had taken the money from the government then he is not entitled to take more money from the insurance company.  It is also submitted that at the time of burnt the vehicle had no R.C. If a vehicle ply without R.C., therefore, there is violation of terms and condition of the policy. Hence, the insurance company is not liable to pay any compensation to the complainant. It is also submitted that the intimation to the insurance company was given on 24.04.2018 i.e. more than 2 years of the burnt thus the claim is not payable. It is also submitted that there is no deficiency in service on the part of opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint.

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C8 and has closed his evidence on dated 7.6.2019. Ld. counsel for the opposite party has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R4 and has closed his evidence on dated 22.12.2020.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                In the present case vehicle bearing engine no.JZZRFE20155, chassis No. MD2A15BZOFRE70010, temporary registration no.HR-99TEMP-7410 was purchased by the complainant on 18.11.2015. Thereafter complainant was arrested by the police of P.S.Jhajjar in case FIR No.1143 on 22.11.2015 u/s 489-B and 489-C IPC and at that time motorcycle of the complainant was also taken into possession by the police. At the time of Jat Reservation Agitation, the alleged vehicle was in the custody of police and on 20.02.2016 the vehicle in question was got burnt while the same was standing in PS Jhajjar. The insured was released on bail by the Court and on 11.08.2017 he was acquitted by the Hon’ble Court of Sh. Mahesh Kumar Additional Sessions Judge, Jhajjar.  The intimation regarding the said incident was given to the opposite party on 24.04.2018. As per report of P.S.Jhajjar Ex.C1, the vehicle was burnt in the police station and FIR bearing no.115 dated 20.02.2016 was got registered in P.S.Jhajjar.

6.                In the present case claim of the complainant has been repudiated by the opposite parties on the ground that the financer Bajaj Finance Ltd. is not impleaded as necessary party, there is delayed intimation to the opposite party regarding the incident and that there is temporary registration of the vehicle and the vehicle was not registered on the date of incident. Regarding the delayed intimation, it has been established that the complainant was arrested by the police on 22.11.2015 and was acquitted by the Court on 11.08.2017 and thereafter he intimated the insurance company.  No doubt the complainant has intimated the insurance company on 24.04.2018 which is also proved from the claim form Ex.Ṛ3 but there was no intentional delay on the part of complainant as the circumstances were not in the hands of complainant. On the date of incident, the complainant as well as the vehicle was in the custody of police. The vehicle was also got burnt in the custody of police and was not used by the complainant. In this regard law cited by ld. Counsel for the opposite party of Hon’ble Supreme Court of India in civil Appeal no.5887 of 2021 titled as United India Insurance Co. Ltd. Vs. Sushil Kumar Godara and 2017(1)558 titled Kotak Mahindra Prime Ltd. Vs. Rajaram & Ors. are not fully applicable on the facts and circumstances of the case as in case titled United India Insurance Co. Ltd.(Supra) the vehicle was being driven by the complainant without registration in another city but in this case vehicle was in the custody of police.  Regarding the registration of vehicle it is observed that the vehicle in question was purchased by the complainant on 18.11.2015 and he was arrested by the police on 22.11.2015 u/s 489-B and 489-C IPC and at that time motorcycle of the complainant was also taken into possession by the police on the same day and was acquitted on 11.08.2017. Hence the registration of vehicle was not possible.  As such opposite party is liable to pay the claim amount to the complainant after deduction of salvage value. We hereby assess the 80% loss of IDV(Rs.48906/-) of the vehicle in question and the same shall be disbursed to the financer Bajaj Finserv Ltd. by the opposite party as the complainant has not placed on record any document to prove that he has paid the entire loan amount to the
Bajaj Finance Ltd.  

7.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay the 80% of IDV of vehicle i.e. Rs.39125/- less Rs.2000/- as salvage charges i.e. to pay Rs.37125/-(Rupees thirty seven thousand one hundred and twenty five only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 17.07.2018 till its realization and Rs.4000/-(Rupees four thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

13.12.2021.                            

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Tripti Pannu, Member.