DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.61/2014

Sh. Dinesh Kumar

S/o Sh. Bharat Singh

R/o A-161, Shyam Colony,

Budh Vihar, Phase-II,

Delhi                                                                             ….Complainant

Versus

Shri Ram General Insurance Co. Ltd.

(A joint venture with Sanlam, South Africa)

Theft Claim Department

K-18, 2^nd Floor, Lajpat Nagar-II,

New Delhi-110024                                               ……Opposite Party

                                                          Date of Institution          : 14.02.14                                                            Date of Order        :  29.01.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Briefly stated, the Complainant insured his vehicle Tata ACE make 2011 bearing registration No. DL-1LR-1404 vide policy No.101006/31/13/ 012052 for the total theft value of Rs.3,20,000/- (for the period 31.03.13 to 30.03.2014) against the consideration of Rs.15,490/- towards insurance premium on 31.03.13 with the OP Shri Ram General Insurance Company Ltd. having its local office at K-18, 2^nd Floor, Lajpat Nagar-II, New Delhi (hereinafter to be referred as OP). The above vehicle is reported to be stolen on 09.04.13 from the house of the Complainant. Accordingly, an FIR No.191/13 dated 12.04.13 was lodged with P.S. Vijay Vihar. Thereafter, an untraceable report was issued by the police and accepted by the M.M., Rohini on 28.06.13. The Complainant thereafter applied for payment of insured amount from the OP. The OP acknowledged his claim (vide claim No.10000/31/14/C/002217) and vide letter dated 22.7.2013 asked for certain documents. Complainant complied with the requirement of OP but in vain. Accordingly, Complainant sent a legal notice dated 08.01.14 to the OP but it did not reply to the correspondence much less claim was not repudiated. Thereafter, the Complainant having failed to get his claim passed from the OP ultimately made complaint before this Forum with the following prayers:-

1. Direct the OP to reimburse/release the claim of the Complainant at the earliest to the tune of Rs.3,20,000/- i.e. the main insured value of the vehicle.
2. Direct the OP to pay a sum of Rs.5,00,000/- to the Complainant towards mental pain and agony and compensation for the acts and misdeeds as well as act of deficiency and negligence on their part.
3. Direct the OP to pay Rs.21,000/- towards  the litigation charges and other expenses.

  The OP was proceeded exparte vide order 17.04.14 passed by our predecessors.

          Complainant has filed exparte affidavit in evidence as well as written arguments. 

We have carefully gone through the file and all relevant documents.

The Complainant has mainly relied upon the following documents:

1. Copy of the Insurance Police issued by the OP  Ex.CW-1/2.

2. Copy of the findings of Sh. Bhupinder Singh, M.M, Rohini Courts, Delhi  regarding untrace report Ex.CW-1/4

3. Copy of the acknowledgment of the claim by the OP dated 22.07.13  Ex.CW-1/3

4. Copy of the legal notice Ex.CW-1/10.

We straightaway come to the question, whether the Complainant is eligible for payment of insurance amount of Rs.3,20,000/- and other relief as prayed for?

The evidence led by the Complainant bears ample testimony to prove that the aforesaid vehicle was insured for Rs.3,20,000/- with the OP and the Complainant had submitted all the requisite documents with the OP for passing the claim.  Averments made in the complaint and evidence led by the Complainant have remained uncontroverted.  Hence, there is no reason to disbelieve the version of the Complainant

We therefore hold the OP guilty of deficiency in service.  Keeping the claim pending for an indefinite period also  tantamounts to rejection of the claim by the OP.  The Complainant is entitled to get his insurance claim for Rs.3,20,000/-.

In view of above discussion, we allow the complaint and direct the OP to pay Rs.3,20,000/- towards the insurance amount of the vehicle, Rs. 25,000/- for harassment caused to the Complainant including cost of litigation within 30 days from the date of receipt of copy of this order. In the event of failure to pay the amount of Rs. 3,20,000/- within the aforesaid time, the OP shall be liable to pay 9% simple interest from the date of filing of complaint till actual payment is made to the Complainant.

 Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on  29.01.16.

(NAINA BAKSHI)                                                                                                                                                                   (N.K. GOEL)  MEMBER                                                                                                                                                                                 PRESIDENT  

Case No. 61/14

29.1.2016

Present –   None.

          Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to pay Rs.3,20,000/- towards the insurance amount of the vehicle, Rs. 25,000/- for harassment caused to the Complainant including cost of litigation within 30 days from the date of receipt of copy of this order. In the event of failure to pay the amount of Rs. 3,20,000/- within the aforesaid time, the OP shall be liable to pay 9% simple interest from the date of filing of complaint till actual payment is made to the Complainant. Let the file be consigned to record room.

(NAINA BAKSHI)                                                                                                                                                        (N.K. GOEL)    MEMBER                                                                                                                                                                       PRESIDENT