Date of filing:07.2.2014
Date of Disposal:24.6.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
TUESDAY, THE 24TH DAY OF JUNE, 2014.
C.C.No.41 OF 2014
Between :
Telagamalli Venkateswara Rao, S/o Sangeetha Rao, Hindu, 45 years, Employee/ Business, R/o RCM Church, Jupudi Village, Ibrahimpatnam Mandal, Krishna District.
….. Complainant.
And
1. Shriram General Insurance Company Ltd., Rep., by its Manager, Vijaya Towers,
Ibrahimpatnam -521 456, Krishna District.
2. Shriram General Insurance Company Ltd., Rep., by its General Manager, E/8, EPIP
RIICo IND, Sitapura, Jaipur - 302 022.
…..Opposite Parties.
This complaint is coming before us for final hearing on 16.6.2014 in the presence of Sri N.Madhu Murthy, Counsel for complainant and Sri T.Veerabhadra Rao,, Counsel for opposite parties and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant is the owner of Hero Honda Passion Plus bearing registration No.AP16 BK 7606 and he insured the said vehicle with the opposite parties under a valid policy for a sum of Rs.29,000/- covering the period from 24.1.2012 to 23.1.2013. While so the complainant lost his vehicle on 26.7.2012andinspite of his best efforts the vehicle was not traced. Therefore the complainant lodged a complaint with the police on 31.12.2012. The complainant informed the lost of his vehicle to the opposite party and requested them to issue claim form but inspite of several requests made by the complainant the opposite parties did not respond properly and did not issue claim form. Therefore the complainant got issued a legal notice demanding the opposite parties to issue claim form. The opposite parties received the said notice but did not respond to the request of the complainant till today which amounts to deficiency in service on their part. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct the opposite parties to send claim form for the purpose of reimbursement of insurance claim amount for his vehicle. Further to pay Rs.25,000/- towards damages and to pay costs.
2. The version of the opposite parties is in brief:
The opposite parties denied all the allegations of the complaint and submitted that as per the FIR, offence took place on 26.7.2012. Suryaraopet Crime Police Vijayawada city received information on 31.12.2012 and that was entered in general dairy reference in entry in Volume No.V and the same was registered as FIR in Crime No.396/12.There is delay of five months and five days in registration of the offence of theft as FIR. The complainant never made any theft intimation to this opposite parties at any point of time and there is no iota of truth to show that the complainant immediately informed the opposite parties about the theft of his vehicle. The complainant failed to comply the conditions No.1 of the policy about the loss of vehicle under theft that “Notice shall be given in writing to the company immediately upon the occurrence of any loss to insured vehicle”. The complainant did not lodge complaint immediately and thereby committed breach of the condition No.1 of the policy. Therefore the opposite parties close the claim of the complainant in view of the violation of policy conditions No.1, 4 and 8. The opposite parties carefully examined the claim and informed the same stating that the loss is not payable due to violation of policy terms and conditions. As per condition No.4 of the policy the insured or complainant shall take all reasonable steps to safeguard the vehicle from loss and that the vehicle shall not be left unattended without proper precautions being taken to prevent further damage or loss or any damage to the vehicle shall be entirely at the insured’s own risk. The owner of the motor vehicle has committed willful breach and violation of terms and conditions of the policy and suppressed the material facts and hence there is no deficiency in service on their part and they are not liable to pay any damage. The opposite parties prayed to dismiss the complaint with costs.
3. On behalf of the complainant he gave his affidavit and got marked Ex.A.1 to Ex.A.7 and on behalf of the opposite parties Sri B.Satish Kumar, Branch Manager of the 1st opposite party gave his affidavit and got marked Ex.B.1.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite
parties towards the complainant in not sending the claim forms and settle
the claim?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINT 1 AND 2:-
6. On perusing the material on hand the complainant is the owner of Hero Honda Passion Plus Registration No.AP 16 BK 7606 under Ex.A.1. He insured the said vehicle with the opposite parties under a valid policy Ex.A.2 for a sum of Rs.29,000/- covering the period from 24.1.2012 to 23.1.2013. The complainant lost his vehicle on 26.7.2012 and inspite of his best efforts the vehicle was not traced out. Therefore the complainant lodged a complaint with the police on 31.12.2012 under Ex.A.3 and he also informed about the theft of his vehicle to the opposite parties under Ex.A.4 dated 17.1.2013 and requested them to issue claim form. But the opposite parties did not respond and not issued claim form. Therefore the complainant got issued a legal notice Ex.A.5 dated 16.3.2013 demanding the opposite parties to send claim form for the purpose of reimbursement of the insurance claim amount otherwise he will proceed to the court of law. The opposite parties received the said letter under Ex.A.6 but they did not respond to the request of the complainant.
7. The opposite parties say that the complainant violated the terms and conditions of the policy. Hence the complainant is not liable to get relief. We noted Ex.B.1 that in conditions No.1 “Notice shall be given in writing to the company immediately upon occurrence of any accident or loss or damage and in the event of any claim and thereafter the insured shall give such information and assistance as the company shall require. Every letter claim, writ summons and/or process or copy thereof shall be forwarded to the company immediately on receipt by the insured”. The insured shall take all reasonable steps to safe guard the vehicle from loss or damage, the vehicle shall not be left unattended without proper precautions being taken to prevent damage or loss. In this case the vehicle of the complainant was lost on 26.7.2012 and FIR was registered on 31.12.2012 after the delay of five months and five days. Hence the complainant violated the conditions of the policy and committed breach of trust. Therefore there is no deficiency in service on the part of the opposite parties towards the complainant in not sending the claim form and settle the claim of him. Hence they are not liable to pay any damages to the complainant. The complainant is not entitled to any relief from the opposite parties. Accordingly these points are answered.
POINT No.3:-
8. In the result, the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 24th day of June, 2014.
PRESIDENT MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite parties:-
P.W.1 T.Venkateswara Rao D.W.1 Sri B.Satish Kumar,
Complainant (by affidavit) Branch Manager of the 1st opposite party
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:
Ex.A.1 06.02.2009 Photocopy of Certificate of Registration.
Ex.A.2 . . Certificate cum policy schedule.
Ex.A.3 31.12.2012 Photocopy of first information report.
Ex.A.4 17.01.2013 Letter from the complainant to the 1st opposite party.
Ex.A.5 16.03.2013 Office copy of legal notice.
Ex.A.6 18.03.3013 Postal acknowledgement.
Ex.A.7 24.03.2013 Letter from the complainant to the Post Master, Civil Courts
Branch Post Office, Vijayawada.
For the opposite parties:-
Ex.B.1 . . Certificate cum policy schedule along with terms and
conditions booklet.
PRESIDENT
