Per Mr.B.S.Wasekar, Hon’ble President

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, he had taken vehicle insurance policy from the opponents with effect from 24^th June, 2010 to 23^rd June, 2011 for his vehicle bearing No.MH-01-JA-7503.  He has produced the copy of policy.  At night time of 31^st July, 2010, driver of the complainant parked the vehicle near Shiv Sena Sahakari Link Road, Ghatkoper.  Unknown person committed theft of the vehicle. Therefore, the complaint was lodged in police station on 1^st August, 2010 and offence under section 379 of I.P.C. was registered at C.R.No.363/2010. The complainant informed the theft to the Agent of the opponents.  The complainant also saw Manager of the opponents and submitted all the papers to him.  As there was no response, the complainant wrote letter dated 21^st January, 2011 to the opponents.  The complainant’s claim was repudiated. Therefore, the complainant has filed this complaint for recover of his claim with compensation and cost.

2)                The opponents remained absent though duly served therefore matter was proceeded exparte against them. The matter was fixed for argument. At that time, advocate for the opponents submitted written notes of argument.  After hearing both the parties and after going through the record, following points arise for our consideration.

POINTS

REASONS

3) As to Point No.1 & 2 :- The policy is not disputed. It was in force at the time of theft.  The complainant has produced the copy of policy, final report of police and copy of notice. According to the complainant, vehicle was parked at night time on 31^st July, 2010.  It was stolen therefore police complaint was lodged on 1^st August, 2010.  Intimation was also given to the Agent of the opponents. Thereafter, he saw the Manger of the opponents and submitted the claim papers.  As there was no response, letter was written on 21^st January, 2011.  These averments are not challenged by the opponents by filing their written statement and affidavit of evidence.  Therefore, those remained unchallenged.  In the written notes of argument, it is submitted by the learned advocate for the opponents that no immediate intimation was given to the opponents.  For this purpose, he has placed reliance on the judgments of Hon’ble National Commission.  In those judgments, there was delay in giving intimation to the insurance company.  In the instant complaint before us, it is specifically contended by the complainant that intimation was given to the Agent of the opponents and also he saw the Manager of the opponents.  As there was no response, he issued written letter.  These averments remained unchallenged therefore, it can not be accepted that there was delay in giving intimation to the opponents.  Hence, the judgments cited by the opponents are not relevant in this matter. The complainant has produced the copy of F.I.R. and Final Report submitted by the police to the Court for ‘A’ summary.  It supports the theft of vehicle.  Therefore, the opponents can not repudiate the claim. 

4)                As per insurance policy, IDV of the vehicle is Rs.3,80,251/-.  The opponents are liable to pay the insurance claim to the complainant to the extent of Rs.3,80,251/-.  The opponents failed to pay the claim amount therefore the complainant is entitled for the compensation.  We think compensation of Rs.10,000/- will suffice the purpose. Besides this, the complainant is entitled for cost of this proceeding Rs.3,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.

2. The opponents are directed to pay Rs.3,80,251/- (Rs.Three Lakhs Eighty Thousand Two Hundred and Fifty One Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 18^th November, 2011 till its realization.

3. The opponents are also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant towards mental agony.

4. The opponents are further directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant as cost of this proceeding.

5. The above order shall be complied with within a period of one month from today.

6. Copies of this order be sent to the parties free of cost.

    

7. Pronounced

Dated 5^th June, 2014