Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Smt. J. Saha, Member
Order no. 8 dt. 10.04.2008
The petitioner / complainant has filed this consumer complaint for recovery of his claim for loss out of theft on 26.11.04 of his vehicle Hero Honda Splendor insured with o.p. Royal Sundaram Alliance Insurance Co. Ltd. being policy no.VM 243953000100, as o.p. has repudiated such claim on 19.7.06 on the sole ground violation of condition no.1 of the policy which reads as follows : “Notice shall be given in writing to the company immediately upon the occurrence of any accident or loss or damage”.
It is undisputed that alleged theft took place on 12.11.04. Information was lodged with the police station on 13.11.04 and insurance company got information on 19.11.04.
In the w/v o.p. does not deny categorically the statement in para 6 of the consumer complaint of the petitioner informed o.p. on 13.11.04 but they did not receive the letter which is alleged in the complaint. The o.p. received on 19.11.04 the information in writing dt.12.11.04.
The o.p. had repudiated the claim of the petitioner on 19.7.06 without explanation of long delay in disposal of the petitioner’s claim which is definitely service deficiency on the part of the o.p.
Moreover, alleged violation of condition no.1 of the terms of policy is not a fundamental breach on the part of the insurers. On the said ground petitioner should be deprived of his right to recover his claim from the o.p.
In view of the circumstances the consumer complaint succeeds. It is awarded in the following terms.
The o.p. is directed to pay declared value (Rs.27,800/-) minus depreciation as per terms and condition within two months with interest @ 8% p.a. till realization from January 2004. The o.p. is further directed to pay litigation cost Rs.1000/- (Rupees one thousand) only within two months from date, failing which it will carry an interest @ 8% p.a. till recovery.
Let copy of this order be supplied to the parties free of cost.
Member Member President
