Andhra Pradesh

Visakhapatnam-II

CC/114/2012

Gurubilli Gurunadha Reddy - Complainant(s)

Versus

Shriram Genaral Insurance Company Limited - Opp.Party(s)

Bevara Satyanarayana

20 Jun 2015

ORDER

                                              Date of Registration of the Complaint:11-04-2012 

                                                                                                Date of Order:20-06-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                                VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                          Saturday, the 20^th day of June, 2015.

                             CONSUMER CASE No.114/2012

Between:-

Sri Gurubilli Gurunadha Reddy, S/o late Chinna Reddy,

Hindu, aged 41 years, D. No. 59-21-24, Reddy Street,

Malkapuram, Visakhapatnam.  (represented by his Special

Power of Attorney holder Sri Dharmala Appa Rao,

S/o late Yellareddi, Hindu, aged 66 years, D. No.65-3-1,

Hanuman Sanjeev Colony, Visakhapatnam).

                                                                                                     ….. Complainant

And:-

Shriram General Insurance Company Limited,

Represented by its Branch Manager, D. No.1-83-14/2,

Flat No.4, Sector-3, M.V.P. Colony, Visakhapatnam.

                                                                                           …  Opposite Party

                     

This case coming on 09.06.2015 for final hearing before us in the presence of Sri Bevara Satyanarayana, Advocate for the Complainant and Sri V. Partha Saradhi, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant is the owner of a Tata Indika Car Bearing Registration No. AP 31AM 4205 and he entrusted the car to his friend D. Sundar Reddy for engagement on Hire.   He insured the vehicle with the Opposite Party and paid a sum of Rs.4,937/- as per the policy No.417005/31/11/004666,  the risk covers from 06.07.2010 to 5.7.2011.  Everyday his friend has been parking the car at his residence in front of his house was stolen.  Then immediately he informed the same on 17.02.2011 at 10-45 a.m.   FIR was registered in Crime No.84/11.   On 30.01.2012 the police informed the Complainant that the vehicle was not traced out.    Then the Complainant issued a legal notice dated 04.02.2012, the Opposite Party acknowledged the same and did not give any reply.   Hence, this Complaint.

2.       a) by directing the Opposite Party to pay Rs.1,00,000/- (Rupees One lakh only);

          b) award interest from 17.02.2011 along with costs;

          c) and grant such other relief or reliefs that are deemed just in the circumstances of the case.

 

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.     The Opposite Party stated that the insurance policy between the insurer and the insured and entered in a  contract between the parties.    The Complainant has to inform the insurance company immediately, but no such intimation has been given by the Complainant, there is delay of 340 days from the date of alleged theft.  So, they have no liability to pay any reliefs asked by the Complainant.

 

4.       At the time of enquiry, both parties filed their affidavits as well as written arguments to support their contentions.   Exs.A1 to A6 are marked for the Complainant.   No documents were marked for the Opposite Party.

 

5.       Ex.A1 is the photo copy of Certificate Cum Policy Schedule issued by the Opposite Party in favour of the Complainant dated 06.07.2010.   Ex.A2 is the photo copy of First Information Report along with complaint issued by the S.I of Malkapuram P.S. dated 17.02.2011.   Ex.A3 is the Notice given by the Sub-Inspector of Police, Malkapuram P.S. dated 31.10.2011.   Ex.A4 is the Office copy of Registered Lawyers Notice issued by the Complainant’s counsel to the Opposite Party dated 04.02.2012.  Ex.A5 is the original Acknowledgement  dated 08.12.2012.    Ex.A6 is the original copy of Special Power of Attorney of the Complainant dated 17.03.2012.

 

6.       The fact shown from the Ex.A2 reveals that the theft was occurred on 17.02.2011 and it was reported in the FIR on the same date i.e., 17.02.2011 at 10-45 a.m.  Ex.A1 reveals that the vehicle as under the insurance coverage as the Complainant obtained the insurance policy for his vehicle and it covers the risk from 6.7.2010 to 5.7.2011 the theft was occurred on 17.02.2011 so the policy was in force at the time of incident.   

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that there is no dispute regarding the insurance of the vehicle of the Complainant.   The Complainant lodged the complaint on 17.02.2011 at 10-45 a.m. immediately, after notices that his vehicle was stolen.      Theft was occurred on the same day i.e., 17.02.2011.    After completion of investigation the police sent a notice to the Complainant that his vehicle was not traced out.   Then it was intimated to the Opposite Party Company as per their instructions.   Even after receiving of the legal notice dated 4.2.2012 the Opposite Party kept silent.   The Complainant filed citations:  1. Oriental Insurance Company Ltd., Vs M/s. Bhagwati Trading Company, on 12.02.2014. 2.  There has been a landmark judgment of Hon’ble Apex Court in the matter of National Insurance Company Ltd., v. Nitin Khandelwal, Part-IV (2008) CPJ 1 (SC).  The Hon’ble Apex Court held that the in the matter of theft of vehicle, breach of conditions of the policy was not germane and also held further “the appellant Insurance Company  is liable to indemnify the owner of the vehicle when the insurer has obtained comprehensive policy to the loss caused to the insurer”.    As per the document i.e., Ex.A3 reveals that the final report dated 31.10.2011 police closed the file and the case is undetectable and the intimation was given to the Complainant accordingly.   After receiving the intimation from the police the Complainant intimated the same to the Insurance Company, but the Insurance Company did not settle the claim, even after receiving the legal notice, it amounts to deficiency in service on the part of the Opposite Party.   Hence, the Complainant is entitled to Rs.1,00,000/- with interest some compensation and costs too.

 

9.       In the result, this Complaint is allowed directing the Opposite Party:  a) to pay an amount of Rs.1,00,000/- (Rupees One lakh only) with interest @ 9% p.a. from 4.2.2012 till the date of actual realization, b) a compensation of Rs.10,000/- (Rupees Ten thousand only) and c) Costs of Rs.2,500/- (Rupees Two thousand and five hundred only) to the Complainant.   Time for compliance, one month from the date of this order.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 20^th day of June, 2015.       

             

Sd/-                                      Sd/-                                        Sd/-                       

President                              Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	06.07.2010	Certificate cum Policy Schedule issued by the OP in favour of the Complainant	Photo copy
Ex.A02	17.02.2011	First Information Report along with the Complaint issued by the S.I of Malkapuram P.S.	Photo copy
Ex.A03	31.10.2011	Notice given by the Sub-Inspector of Police, Malkapuram P.S.	Office copy
Ex.A04	04.02.2012	Registered Lawyer’s Notice issued by the Complainant’s counsel to the OP	Office copy
Ex.A05	08.12.2012	Acknowledgement	Original
Ex.A06	17.03.2012	Special Power of Attorney of the Complainant	Original

For the Opposite Party:-       

                                        -Nil-

 

Sd/-                                      Sd/-                                       Sd/-

President                              Male Member                       Lady Member