Delhi

North

CC/58/2021

OM DATT SHARMA - Complainant(s)

Versus

RELIANCE GENERAL INS. CO. LTD. - Opp.Party(s)

11 Jan 2023

ORDER

Consumer Complaint No. CC/58/2021

In the matter of

1. Sh.Om Datt Sharma

2165, 2^nd floor, Shora Kothi

Malka Ganj New Delhi..........Complainant

Vs

1. Reliance General Insurance  Co. Ltd

Flat No.10-15, 14^th floor,

Vijaya Building 17, Connaught Place

 Barakhamba, New Delhi-110001                    .........Opposite party

 

2. Reliance General Insurance Co. Ltd

Krishe Sapphire

Krishe Block, III Floor

South Wing, Survey No.88

Hi Tech City Main Road, Madhapur

•  

ORDER
11/01/2023

Harpreet Kaur Charya, Member

The present complaint has been filed by Sh. Om Datt Sharma, the complainant against Reliance General Insurance Company, OP-1 and Reliance General Insurance Co. Ltd. as OP-2 with the allegations of deficiency in service.

Facts necessary for the disposal of the present complaint are that on 06/11/2020, the complainant booked a ticket from Indore to Delhi via travel agency Happy Easy Go.  The Complainant has stated he was not informed by Airlines about any cancellation despite having all the details, it was only on 10/11/2020, when he reached the airport; he was informed that the flight was cancelled on the ground “technical reason” which was endorsed on his ticket.  The cancellation was informed and registered with OP-1 with reference No.2201030976, as the travel of the complainant was insured for 1 day under policy Reliance Inland Travel Care Group Policy No.920291928340000059 with policy period from 10/11/2020 to 10/11/2020.  Claim was registered with OP vide claim No.2201030976 on 20/11/2020 for the ticket, accommodation, food & transportation expenses incurred by the complainant.  The complainant has stated that OP has failed to settle his claim and have been asking for cancellation letter despite the fact that the same has been submitted.  It is also the grievance of the complainant that OP is using the address of travel agent for communication instead of communicating the same to the complainant despite the correspondence details have been endorsed on the policy documents as well as the claim form.

The complainant has prayed for reimbursement of the expenses of Rs.9,560/- which includes ticket: Rs.4,690/-, taxi fare from hotel to airport : Rs.209/-;  Taxi fare from airport to hotel : Rs.201/-;  food expenses Rs.560/- ; stay at hotel Rs.4,000/- and compensation including cost of litigation as Rs.10,000/-. 

The complainant has annexed E-ticket from Indore to Delhi for 10/11/2020, Claim form dated 20/11/2020 as Annexure ‘C’, Reliance Inland Travel Care policy Certificate as Annexure ‘D’, Boarding pass dated 11/11/2020 as Annexure ‘E’, printout for taxi fare as Annexure F-1 & F-2, printout of booking with the OYO as Annexure F-3, an email dated 03/03/2021 as Annexure ‘G’.

Notice of the present complaint was served upon OP, thereafter written statement was filed on their behalf.  They have taken several pleas in their defence such as : there was no deficiency in service on the part of the OP and the claim was repudiated after application of mind vide letter dated 08/03/2021; Commission did not have jurisdiction; the flight was cancelled due to commercial reason which was not covered under the policy.  They have stated the grounds under which the insured was entitled to compensation if the trip was cancelled or interrupted such as:-

1. Unforeseen illness, injury or death of the insured /insured person family member, injury or illness be so disabling as to reasonably cause a trip to be cancelled or interrupted.
2. Termination of employment or layoff affecting the insured/insured person, provided that the insured person, as the case may be, have been employed with insured for at least three continuous years.
3. Inclement weather conditions causing cancellation of the trip.
4. The place intended to be occupied by the  insured/insured person for purposes of his/her stay during the trip or the destination being made inhabitable by fire or flood
5. The insured/insured person being abducted;
6. The insured/insured person being the victim of a felonious assault within 10 days prior to the departure date, provided that the insured/insured person (including any member of their family) is/are of not principal or accessory in such felonious assault;
7. A terrorist incident in a city/destination listed on the insured/insured person’s itinerary within 30 days of the insured/insured person’s scheduled arrival.  “City” means an incorporated municipality having defined borders and does not include the high seas, uninhabited area or airspace.

Therefore, OP was not liable to reimburse the complainant.  They have also enumerated the conditions which were not covered as per the policy terms and conditions.

 

What it does not cover?

1. Common carrier-caused delays, including an announced, organized sanctioned union labour strike that affects public transportation, unless the commencement of the period of insurance is prior to a date when the strike is foreseeable. A strike is foreseeable on the date the labour union members vote to approve a strike.
2. Travel arrangements cancelled or changed by an airline, cruise line, or tour operator, unless the cancellation is the result of bad weather.
3.  Changes in plans by the Insured/ Insured Person or an immediate Family Member for any reason.
4. Adverse change in financial circumstances of the Insured/ Insured Person or any Family Member.
5. Any business or contractual obligations of the Insured/ Insured Person or any Family Member, except for termination or layoff of employment.
6. Default by the person, agency or tour operator from whom the Insure/ Insured Person obtained this Policy and/or made travel arrangements.
7. Any government regulation or prohibition.
8. .....
9. ......
10. ......
11. ......
12. .....
13. ......

14.         Any claim arising or resulting from a charter flight.

They have also submitted that the complainant had not approached the commission with clean hand and a detailed examination of evidence and cross examination was required, which could not be decided in summary proceedings. They have denied that the endorsement on the ticket by the Airport Manager as “technical reason” was correct.  They have submitted that the reason mentioned on the ticket produced by the complainant bears “commercial reason” and the next day the flight was given to the complainant, therefore, there was no loss of fare charges to the complainant.  As per policy terms and conditions the cost of ticket subject to maximum of Rs.20,000/- whichever was lower is covered under policy.   They have further submitted that the complainant was informed about the repudiation of the claim vide letter dated 08/03/2021 on his personal address as mentioned in the policy document.

Rejoinder to the written statement of OP was filed by the complainant, where the contents of the complaint have been reiterated and those of the written statement have been denied.  It has been submitted that the flight was cancelled due to operational issue and not because of commercial reason.  The letter issued by Go Air dated 02/03/2021 has been annexed with the Rejoinder.

Evidence by way of affidavit was filed by both the parties.  Complainant has got examined himself and has repeated the contents of the complaint on oath and has relied on the documents annexed. 

Shri Sahil Gupta, Manager Legal Claims ,has been examined on behalf of OP. Contents of the written statement have been repeated and they have got the copy of policy along with terms and conditions exhibited as Ex.RW1/1 and copy repudiation letter dated 08/03/2021 as Ex. RW1/2.

We have heard the arguments addressed by the complainant, who has joined the proceedings through video conferencing and Ld. Counsel for OP.  We have also perused the material on record. The claim of the complainant was repudiated by OP on the ground that the flight was cancelled due to commercial reason which did not fall under the policy terms and conditions. 

The factum of the policy is not in dispute. If we go through clause    BENEFIT-5-TRIP CANCELLATION AND INTERRUPTION, mentioned in terms and conditions (Ex.RW1/1).  Under head “ What it does not cover?

1. Common carrier-caused delays, including an announced, organised sanctioned union labour...........
2. Travel arrangements cancelled or changed by an airline, cruise line or tour operator, unless the cancellation is the result of bad weather.
3. Changes in plans by the Insured/Insured person or an immediate Family Member for any reason.
4. ......

A look is to be made at the documents relied upon by the Complainant, the endorsement made by the manager GoAir on the ticket “GoAir flight cancelled on 10.11.2020 due to Commercial reason” and letter issued by Go Air dated 02/03/2021, which states “GoAir certify that Mr. Om Datt Sharma was booked to travel on 10 November, 2020 from Indore to New Delhi on GoAir flight No. G8-2604. However, due to operational reasons G8-2604 was cancelled”. Simultaneous reading of these letters and terms and conditions (Ex.RW1/1), OP is not liable to pay the claim of the Complainant as the flight was cancelled by the carrier for commercial/ operational reasons. The Complainant could have filed his claim with the carrier GoAir as they had cancelled the flight on 10 November, 2020 due to commercial/ operational reason. Complainant cannot take advantage of the fact that the endorsement on the ticket stated that flight was cancelled due to commercial reason and in the letter dated 02/03/2021 it was stated that flight was cancelled due to operational reason as both are not covered under ”Benefit 5-Trip cancellation and interruption” the policy terms and conditions. Therefore, OP has rightly rejected the claim of the Complainant hence, we find no deficiency in services or unfair trade practice on their part hence, the present complaint is dismissed being devoid of merit without orders to cost.

Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

(Harpreet Kaur Charya)                  Member	(Divya Jyoti Jaipuriar) President