Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 400

                                                                   Instituted on     : 26.07.2021.

                                                                   Decided on       : 02.01.2024.

Brahmjeet age 45 years s/o Sh. Jaipal Singh R/o # 561/35, Janta Colony, Rohtak.

                                                                       ………..Complainant.

                             Vs.

Royal SundramGeneral Insurance Company Ltd. Having its corporate office at: VishranthiMelaram towers No.2/319, Rajiv Gandhi Salai(OMR), KARAPAKKAM, Chennai-600097, Through its Head-Corporate Motor Own Damage Claims.

Rohtak office at # Royal SundramGeneral Insurance Company Ltd.  Unit No.644, 45/19, CivilRd. Opp. Services Club Rohtak, Haryana 124001, through its Manager.

……….Opposite party.

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJENDER SINGH, MEMBER

Present:       Sh.SunilHooda, Advocate for the complainant.

                   Sh. Sh.PuneetChahal, Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case, as per the complainant are that  he had purchased amotorcycle  Bullet Classic  500 bearing registration no.HR26CH3730 from Mr.Sarun r/o VillageKherliKankar, Mewat .  Complainant got the ownership transferred in his name and new registration certificate was issued to him.  Complainant got the aforementioned motorcycle insured from the opposite party vide policy no.VMPB025919000100 for the period 15.11.2018 to 14.11.2019.  On 04.08.2019 the complainant had gone to Saint Merry School Panipat for attending the PTM of children and parked his motorcycle in front parking of the school &duly locked the same.  But after coming out of the school he found that his motorcycle was not there in the parking. Complainant informed the same to the police and an FIR No.569 u/s 379, P.S. Model Town, Panipat wasrecorded in this regard. The untraced report was submitted by the police in the Court and the Court accepted the same on 29.01.2021.  Opposite party appointed Mr.B.P.Mehta as investigator in this case. The complainant received a letter from investigator dated 24.08.2019 asking for various documents. All the demanded documents were deposited with the investigator. Complainant received two more letters from the opposite party dated 11.12.2019 & 14.122019 asking for some documents and original keys of the motorcycle. Complainant duly replied the letter and deposited the keys to the opposite party as he received from the first owner. Opposite party again wrote a letter to the complainant  anddemanded the same documents again from him and keys previously taken from the complainant. Opposite party also asked for untraced report and the same was sent to the opposite party alongwith other documents through registered letter. The complainant duly deposited all the documents and keys to the opposite party but even then it did not process the claim of the complainant and has repudiated the claim of the complainant on 05.04.2021 without any plausible reason or justification. Hence this complaint and it is prayed that opposite party may kindly be directed to pay Rs.130000/-i.e. insured amount of motorcycle alongwith with Rs.11000/- on account of pain and suffering and harassment and also to pay Rs.11000/- as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party. Opposite party filed its written reply and has submitted that  the opposite party had appointed an IRDA approved independent surveyor for survey and assessment of loss . The respondent insurance company sent letters dated 11.12.2020, 14.12.2020 and final reminder dated 19.12.2020 to the complainant  for providing the information/documents as required. The opposite party observed from the claim papers that both the ignition keys found were different, Further, the opposite party came to understand from complainant clarification that submitted keys received from previous owner and the same being used, however, clarification for ignition keys found inconsistence. Hence there has been a misrepresentation of facts with regard to ignition keys of vehicle.  The repudiation was done rightfully and intimated to the complainant vide letter dated 05.04.2021. Hence the opposite party is not liable to pay any claim to the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.

 3.               Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C24 and closed his evidence on dated 19.12.2022. Ld. counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R7 and closed his evidence on dated 27.07.2023. 

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

5.                In the present case insurance and theft of the vehicle is not disputed. After the theft, complainant filed the claim with the opposite party. Opposite party appointed the investigator who, as per letter Ex.C6 dated 24.08.2019 sought some documents from the complainant and the complainant vide its reply Ex.C7 dated 30.08.2019 has submitted that he had already submitted all the documents alongwith keys etc. But despite that opposite party demanded these documents again through letters Ex.C8 & Ex.C9 dated 11.12.2020 and14.12.2020 respectively. The complainant also replied the same through letters Ex.C10 & Ex.C11 that all the documents were submitted except two documents which were in the vehicle at the time of theft. All the other queries were cleared by the complainant through these letters. Copy of final report, untraced report is also placed on record. Copy of PCR letter received through RTI Ex.C15 is also placed on record, as per which the detail of vehicle, date and time of theft is also mentioned. Regarding the ignition keys complainant has submitted through email Ex.C21 that he was the third owner of the motorcycle so at the time of purchasing the motorcycle he got both same ignition keys from the second owner of the motorcycle that he had submitted to the company.    But despite submitting all the documents &clarification made by the complainant, the reminders were issued by the opposite party for submitting the documents again. Hence there is deficiency in service on the part of opposite party and opposite party is liable to pay the claim amount i.e. IDV of the vehicle to the complainant.

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay Rs.130000/-(Rupees one lac thirty thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 26.07.2021  till its realization and shall also pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. However complainant is directed to to submit the form no.29 & 30 duly signed to the insurance company for transfer of the vehicle in favour of the insurance company.

7.                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:

02.01.2024.

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

                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          TriptiPannu, Member.

                                                          ………………………………..

                                                          Vijender Singh, Member