CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.394/2012

MR. HARI KISHAN MAKHARIA

S/O SH. P.D. MAKHARIA

R/O A-6, MAHARANI BAGH,

NEW DELHI

                                    …………. COMPLAINANT                                                                                           

                                                Vs.

M/S RELIANCE GENERAL INSURANCE CO. LTD.,

48, PKT-1, JASOLA MATHURA ROAD,

NEW DELHI

THROUGH ITS MANAGER

                                    …………..RESPONDENT

                        Date of Order:25.07.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that his i10 car was duly insured with the OP for the period 04.06.2009 to 03.06.2010.  The aforesaid car was stolen on 09.06.2009 and intimation was given to the police on the same day and the FIR was registered on 13.06.2009.  Complainant lodged the claim however the claim was not settled.  Every time assurance was given that the claim will be settled as early as possible.  Complainant was constrained to send legal notice dated 06.06.2011 despite of that the claim was not settled hence this complaint has been filed.  It is prayed that OP be directed to pay the insurance claim of Rs.3,07,254/- alongwith interest @ 12% plus Rs.1 lakh as compensation and Rs.25,000/- as litigation expenses.

OP in the reply took the plea that the claim was repudiated on the ground that there was delay of 4 days in lodging the FIR as the vehicle was stolen on 09.6.2009 whereas FIR was registered on 13.06.2009.  The claim form is submitted to OP on 02.7.2009 as such there was delay of 24 days in intimation to the OP regarding theft of the vehicle.  It is also stated in the reply that investigator has also stated that the insured has wrongly stated that he has not taken any claim from the previous insurance company.

We have heard Ld. Counsel for the parties and carefully perused the record.

So far as delay in lodging of FIR is concerned, it is significant to note that insurer appointed the investigator and investigator has recorded the statement of the complainant wherein he has stated that on 08.06.2009 at about 8.00 PM he parked his car in front of his house and on 09.06.2009 when he woke up for going to temple, he found his vehicle missing.  He searched for his vehicle and immediately reported the matter to the police authorities on 100 number vide DD No.79B dated 9.6.2009.  It is further stated that the police personally arrived at the scene and after taking stock of the situation, went away and FIR was lodged on 13.06.2009 vide No.277 u/s 379 IPC at Police Station New Friends Colony, New Delhi.  So there was no delay on the part of the complainant as he immediately informed the police on 100 number.  The FIR was verified by the investigator and he has stated that there was no delay on the part of the insured as he reported the matter immediately. 

So far as delay in lodging of the claim with the insurer is concerned, it is stated by OP that the intimation was given to the insurance company after 24 days when the claim was lodged on 02.07.2009.  In fact OP has concealed the relevant fact.  It is significant to note that the OP itself has placed on record the report of the investigator wherein he has stated that the matter was taken up with the insured immediately for necessary compliance and examination of the site of alleged theft.  The insured was contacted on 16.06.2009 and again on 18.06.2009 meaning thereby that the intimation was already given to the insurer and the investigator was appointed and he has already contacted the insured.  So to say that the intimation to the insurance company was given on 02.07.2009 only, is wrong. 

So far as the story regarding no claim bonus from previous insurer is concerned, the same is without any force.  The same does not find any mention in the affidavit filed by complainant or OP towards evidence.  Moreover OP has not placed anything on the record to show that there was any concealment of information from the insured.

It is significant to note that the car was stolen on 09.6.09.  Immediately the police was informed and insurance company was also informed but nothing was done and the complainant was forced to file this complaint on 10.09.2012.  During this entire period of almost two years, OP has not bothered even to send a letter to complainant regarding repudiation of his claim.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund the IDV i.e. Rs.3,07,254/- alongwith interest @ 9% p.a. from the date of filing of the complaint.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT