Haryana

StateCommission

A/794/2015

SHRIRAM GEN.INSURANCE CO. LTD. - Complainant(s)

Versus

SANJEET ANTIL - Opp.Party(s)

V.K.ARYA

17 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :        794 of 2015

Date of Institution:        21.09.2015

Date of Decision :         17.11.2015

 

Shriram General Insurance Company Limited, E.8 EPIP,         RIICO, Industrial Area Sitapura, Jaipur (Rajasthan) through Ankur Joshi, Branch Manager, Shriram General Insurance Company Limited, S.C.O. No.178, Sector 38, Chandigarh.  

                                      Appellant/Opposite Party

Versus

Sanjeet Antil s/o Sh. Mehar Singh, Resident of Village and Post Office Murthal, Panna Ghilian, Tehsil and District Sonipat, Haryana.

 

                                     Respondent/Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                

Present:              Shri V.K. Arya, Advocate for appellant.

                             None for respondent.  

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

Shriram General Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party has challenged the correctness and legality of the order dated July 28^th, 2015, passed by District Consumer Disputes Redressal Forum, Sonipat (for short ‘the District Forum’), in Consumer Complaint No.24 of 2013. By the impugned order, the District Forum while accepting the complaint filed by Sanjeet Antil-complainant/respondent, directed the Insurance Company to pay Rs.37,000/-, that is, the insured amount to the complainant on account of theft of his motor cycle.   

2.      The complainant/respondent got his motor cycle, bearing registration No.HR-10R/3149, insured with the Insurance Company from July 11^th, 2012 to July 10^th, 2013 for Rs.37,000/- vide Insurance Policy Exhibit C-1. 

3.      On December 1^st, 2012 at about 6:00 P.M., Mohit-cousin of the complainant, parked the motor cycle in front of City Medical Hospital, Sonipat.  At about 7.00 P.M. he found that the motor was stolen. He immediately informed the Police. F.I.R. No.604 dated 02.12.2012 (Exhibit C-2) under Section 379 of the Indian Penal Code was lodged in Police Station City Sonipat. The Insurance Company was also informed on December 2^nd, 2012. Untraced Report Exhibit C-4 was submitted by the Police which was accepted by Chief Judicial Magistrate, Sonipat, vide order Exhibit C-3.

4.      The complainant filed claim with the Insurance Company but the same was repudiated vide letter dated October 26^th, 2013 (Annexure R-4) stating that there was delay of 250 days in giving intimation to the Insurance Company and therefore as per terms and conditions of the policy, the Insurance Company was not liable to pay the insured amount to the complainant.

5.      Aggrieved of the repudiation of his claim, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

6.      The Insurance Company contested the complaint by filing reply denying the averments made in the complaint and reiterating the fact stated in the repudiation letter.

7.      The issue for consideration is as to whether the Insurance Company was justified in denying complainant’s claim on the ground stated in the repudiation letter or not?

8.      Learned counsel for the Insurance Company has urged that there was delay of 250 days in giving intimation to the Insurance Complainant, so the complainant was not entitled for any claim.  

9.      The contention raised is not tenable. Indisputably, the Police was informed without any delay and F.I.R. (Exhibit C-2) was lodged in Police Station, Sonipat City and intimation was given to the Insurance Company on December 2^nd, 2012. Untraced Report was also submitted by the Police. No evidence has been led by the Insurance Company to show that intimation was given by the complainant after 250 days, rather, it was informed on December 2^nd, 2012. Otherwise too, reference be made to Circular Ref: IRDA/ HLTH/ MISC/ CIR/ 216/ 09/ 2011 dated September 20^th, 2011 issued by Insurance Regulatory Development Authority (for short ‘IRDA’). It has been specifically mentioned by IRDA that there may be a condition in the policy regarding delay in intimation but that does not mean that the insurer can take the shelter under that condition and repudiate the claim of the claimant, which is otherwise proved to be genuine.  The operative part of the circular reads as under:-

“The Authority has been receiving several complaints that claims are being rejected on the ground of delayed submission of intimation and documents.

The current contractual obligation imposing the condition that the claims shall be intimated to the insurer with prescribed documents within a specified number of days is necessary for insurers for effecting various post claim activities like investigation, loss assessment, provisioning, claim settlement etc. However, this condition should not prevent settlement of genuine claims, particularly when there is delay in intimation or in submission of documents due to unavoidable circumstances.”

10.    In this view of the matter, the Insurance Company is liable to pay the benefits of insurance to the complainant/respondent. The District Forum has rightly allowed the complaint and issued direction to the Insurance Company as detailed in paragraph No.1 of this order.

11.    Hence, the appeal is dismissed. However, the complainant is directed to execute the letter of subrogation, to hand over the keys of the motor cycle, transfer the Registration Certificate in the name of the Insurance Company and execute all other necessary documents required for the purpose.

 

Announced 17.11.2015

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL