West Bengal

Paschim Midnapore

CC/19/2014

Sri Sanjoy Jana - Complainant(s)

Versus

Tata AIG General Insurance Co. Ltd - Opp.Party(s)

27 Jan 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.19/2014                                                                                                  Date of disposal: 27/01/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                             MEMBER :  Mrs. Debi Sengupta.

                                             MEMBER :  Mr. Kapot Chattopadhyay.

  

 For the Complainant/Petitioner/Plaintiff : Mr.B.K. Pratihar , Advocate.

 For the Defendant/O.P.S.                         : Mr.                 , Advocate.                                   

          

 Sri Sanjoy Jana, S/O Sri Nimai Jana, Kaushallya, (Near Silver Jubilee School, Kharagpur), P.O.   

 Kharagpur, P.S.- Kharagpur (Town), Dist- Paschim Medinipur…………..Complainant

                                                           Vs.

TATA  AIG GENERAL INSURANCE COMPANY LTD., Constantia Office Complex, 2^nd Floor, 11, Dr. U.N. Brahmachari Street, Kolkata-700017...……………Ops.

          The case of the complainant Sri Sanjoy Jana, in short, is that a  Motor Cycle Hero Honda Super Splender bearing its Registration No.WB-36/5406, purchased at Rs.54,469/- on 5/04/2011, insured with the Op has been stolen on 16/09/2012 at about 5 p.m. from the road side of  Kaushallya More-crossing.  The matter was reported to Kharagpur Town Police Station on 22/09/2012.  But the Motor Cycle could not be traced out by the police through investigation and accordingly police submitted final report on 23/12/2012.  In this connection, the theft of Motor Cycle was intimated to the Op Insurance Company on 24/10/2013 and accordingly claim application together with all relevant papers was submitted on 07/11/2013.  It is alleged by the complainant that even thereafter no claim settlement was done by the Op and as such deficiency in service should be held against them.  F.I.R. Report, Police Report letter dated 24/10/2013 issued by the Op, reply thereto of the complainant dated 07/11/2013 are produced by the complainant with the prayer for payment of Rs.38,7,82/- on account of value of the Motor Cycle as Rs.50,000/- for damages etc.     

          The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action and the same is barred by limitation and jurisdiction.  In this connection, it is stated by the Op that the report of theft of the Motor Cycle was made to them after delaying seven days of theft in violation of policy condition and thereby chance of recovery of

Contd………..P/2

 

- ( 2 ) -

the stolen vehicle was absolutely negative. In view of the conduct of the complainant, there should not be any conclusion against the Op Insurance Company.     

          Upon the case of both parties the following issues are framed.

Issues:

1)Whether the case is maintainable in its present from?

2)Whether the complainant has any cause of action for presentation of this petition of complaint?

3)Whether the case is barred by limitation and jurisdiction?

4)Whether the complainant is entitled for getting relief as prayed for.?

 

Decision with reasons

Issue Nos.1 to 4:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that the theft took place on 16/09/2012 and F.I.R. was lodged on 22/09/201.  In this connection, Op has also intimated to the Op Insurance Company on 01/10/2012.  Thus, this sort of delay may have been taken place due to ignorance of the complainant.  In this way, Ld. Advocate tried to convince us the delay in no circumstances causes damage in any form to the Op in the matter of recovery of the stolen Motor Cycle.  Thus, the plea of delay as raised by the Op Insurance Company is nothing but whimsical denial of the insurance claim to the complainant. 

        Ld. Advocate appearing for the Op as specific challenge that committing delay in giving intimation of theft to the Op Insurance Company is a clear violation of the Policy condition.  So, there is no occasion to hold that the Op Insurance Company is liable for deficiency of service.  Thus, the case should be dismissed.

        We have carefully considered the case. It appears that reporting of theft to the Op Insurance Company was made admittedly in a delay stage.  In this context, according to the terms and condition of the policy, the complainant was required to give immediate notice of theft to the concern police station and at the same time to cooperate with the Op Insurance Company in securing recovery of the theft Motor Cycle.  On account of non-giving of the notice immediately about the theft to the police and to the Op, the complainant violated fundamental conditions of Insurance Policy which, by imposing the rules of policy, disentitles to the complainant in claiming the relief as made in the petition of complaint.

        In view of the findings, it is held and decided that on account of delay in lodging F.I.R and intimation to the Op Insurance Company, the complaint is liable to be dismissed.

Contd………….P/3

 

- ( 3 ) -

 

        All the issues are disposed of accordingly.  

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dictated & Corrected by me

              

         President                                   Member                                Member                             President

                                                                                                                                            District Forum

                                                                                                                                         Paschim Medinipur.