Chandigarh

DF-I

CC/29/2023

RITIKA VIRDI - Complainant(s)

Versus

RELIANCE GENERAL INSURANCE COMPANY LTD - Opp.Party(s)

BALKAR SINGH

14 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/29/2023
Date of Institution	:	17.1.2023
Date of Decision	:	14.8.2023

 

1.   Ritika Virdi w/o Sh. Harjeet  Singh resident of House No.1516, Sector 51-B, Chandigarh.

2.   Harjeet Singh son of Gurdeep Singh resident of House No.1516, Sector 51B, Chandigarh.

3.   Dharta Devi wife of Sh. Tika Ram resident of House No.1516, Sector 51B, Chandigarh.

4.   Sinaiya Virdi (Minor) daughter of Harjeet Singh aged 11 years.

5.   Hargunn Virdi (Minor) daughter of Harjeet Singh aged 9 years.

6.   Master Guntajveer Singh Virdi (Minor) son of Harjeet Singh aged 2 years.

     complainants No.4 to 6 are minor hence through their mother Ritika Virdi wife of Sh. Harjeet Singh

     All resident of House NO.1516, Sector 51-B, Chandigarh.

 

… Complainants

V E R S U S

1.   Reliance General Insurance Company Ltd. 6^th floor, Oberoi Commerz, International Business Park, Oberoi Garden City, Opp. Western Express  highway Gurgaon (East) Mumbai 400063 through its Chief Managing Director.

2.   Reliance General Insurance Company Ltd. SCO No. 145-146, Top floor, Madhya Marg, Sector 9, Chandigarh 160009 through its Branch Manager.

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY		Sh. Balkar Singh counsel for complainants alongwith complainant No.1 in person.
		Sh. Varun Bhardwaj, counsel for OPs.

Per SURJEET KAUR, Member

     Briefly stated the complainants  went to Bangkok and availed insurance plan from OPs . The complainants and their luggage were insured for late delivery/loss  by the OPs.  It was mentioned in the terms and conditions of the insurance that in case there is delay of more than 12 hours in delivery of the luggage at destination the OPs will pay 500 US dollar to the each complainant. It is alleged that belongings of all the complainants were booked from Delhi on 23.6.2022 but was received on 25.6.2022 at 8.00 pm. at Bangkok, owing to which the complainants faced a lot of inconvenience and lot of trouble for want of luggage. The OPs sent emails to the OPs to pay the insurance claim for the delay and even complainant No.1 personally visited the office of OP No.2 but to no avail. Alleging the aforesaid act of Opposite Parties as deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties  in their reply stated that the claim was lodged only by complainant NO.3 Dharta Devi and no claim whatsoever was ever been lodged with the answering OPs  by the other complainants.  Even all the baggage tags and PIR (property irregularity report) were in the name of Dharta Devi and she failed to provide the bills and receipts related to any emergency purchases made by her, despite the repeated requests made by the OP. The OP as per terms and conditions of the insurance policy is liable only for emergency purchases of toiletries, medication and clothing in the event of insured person suffering delay of his/her checked in baggage. It is averred that the complainants failed to supply the required documents despite repeated requests and as such the complaint is not maintainable being premature. All other allegations made in the complaint has been denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. It has been alleged through the present complaint that despite all the complainants  being fully insured under the policy of OPs for the purpose of  late delivery/ loss of luggage,  the OPs has not realized the claim of the complainants despite a genuine claim. As per Annexure C-1, 6 tickets were booked from Delhi to Bankok and as per page 9 of the paper book travel insurance was done by  Ops No.1&2.  Clearly as per Annexure C-2  all the 6  complainants are duly covered and accordingly an amount of Rs.599.91 has been paid in case of each and every complainant as premium. The insurance policy commenced w.e.f. 23.6.2022 to 30.6.2022  duly covering the delay of cheked in baggage  for above 12 hours. The sum insured under each and every policy is 500 USD.
7. Admittedly as per Annexure C-3 four bags which were to be delivered on 23.6.2022  were delivered on 25.6.2022 due to certain reasons. Apparently the delay is more than 12 hours. Hence, as per policy all the complainants are entitled for the insured amount. But the OPs did not honour the claim of the complainants. Thus, the act of the OPs for non-honouring their own terms and conditions and forcing the complainants to indulge in the present unnecessary litigation proves deficiency in service and their indulgence in unfair trade practice.   
8. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

 

1. to pay claim amount of 500 USD to each complainant as per the prevailing rent at the time of payment with interest @9% P.A. from the date of filing of instant complaint till payment.  

 

2. to pay composite amount of Rs.10,000/- to the complainants as compensation for causing mental agony and harassment to him and as cost of litigation.

 

9.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization apart from compliance of direction at Sr. No.(ii).
10.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member   Sd/-
14.8.2023			[Suresh Kumar Sardana]
mp			Member