Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 670
Instituted on : 12.11.2021
Decided on : 17.07.2023
Kuldeep age 28 years s/o Jaibir R/o Village Kuleri District, Hisar.
.......................Complainant.
Vs.
Tata AIG General Insurance Company Ltd. 2nd Floor, SCO-35, Sec.-14, Gurgaon, Distt. Gurgaon through its Manager.
……….Opposite party
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER
DR. VIJENDER SINGH, MEMBER
Present: Sh.Narender Kharab, Advocate for the complainant.
Smt.Ruchi Chawla, Advocate for the opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he is registered owner of Car bearing No. HR-26BQ-8299 having model 2012 bearing Engine no.30148508 Chassis no.WDD2040086L003347. The alleged vehicle was duly got insured with the opposite party for the period from 25.03.2019 to 24.03.2020 vide policy No. 01596301340001 and the insured amount is Rs.12,75,000. The aforesaid vehicle of the complainant was got stolen on 10.03.2020 when the vehicle was in custody of complainant’s relative namely Sandeep. Sandeep made a call on 100 number on the same day but no response received. Intimation to the opposite party was also given telephonically on the same day. An FIR No.0043 dated 11.03.2020 was registered with P.S.Bahuakbarpur Rohtak u/s 379 IPC. The vehicle could not be traced out by the police and declared the vehicle untraced. The opposite party appointed a surveyor for investigating the matter and collected relevant documents i.e. copy of FIR, un-trace report, DL, RC, insurance policy etc.
Complainant submitted all the requisite documents for obtaining the claim in the office of opposite party and made a request for the compensation of the loss. But
he has not received any response from the opposite party. The complainant also served a legal notice dated 14.09.2021 but any heed was not paid by the opposite party. The act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to pay the insured amount of Rs.12,75,000/- alongwith interest, compensation of Rs.20,000/- on account of mental tension, harassment and also directed to pay the interest on the alleged amount from the date of accident till realization @18% per annum alongwith costs to the complainant.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in his reply has submitted that on receipt of the claim intimation regarding alleged theft of the vehicle, claim of the complainant was registered vide claim No. 7210283861 dated 15.03.2020 i.e. after a span of 5 days from the date of alleged theft. During processing, the answering opposite party appointed an independent investigator, M/s Jain & associates to investigate the loss. In continuation of the appointment by the opposite party , M/s Jain & Associates contacted the complainant for arranging the meeting and for providing the documents for submitting his investigation report, but the complainant instead of complying/cooperating with the investigator opted not to revert the same. So, the independent investigator served letter on many dates and final letter dated 21.01.2021 followed by several telephonic reminders requesting the complainant to provide the documents and fix the appointment. But the complainant opted not to revert the same. Hence, the independent investigator M/s Jain & Associates submitted his detailed report dated 21.01.2021 stating the fact that the complainant had not cooperated with him and had not provided the documents as demanded. On getting the investigation report, the opposite party at its own served letter dated 24.02.2021 with a request to provide the documents as demanded by the investigator. But the complainant did not respond. Hence, the claim of the complainant was closed vide letter dated 19.03.2021 by the opposite party. There is no deficiency in service on the part of opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Learned counsel for the complainant in his evidence has tendered affidavits Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on dated 11.11.2022. Learned counsel for the opposite party has tendered affidavit Ex. RW1/A, documents Ex. R1 to Ex.R8 and closed his evidence on 14.03.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case claim of the complainant has been repudiated by the opposite party on the ground that the complainant has not submitted the required information and documents as required by the investigator or by the company so the claim has been closed by the insurance company as per terms and conditions of the policy. We have minutely perused the documents placed on record. As per insurance company, it has been submitted in their reply that the surveyor M/s Jain & Associates wrote so many letters to the complainant for submitting some required documents and these letters have been written by the surveyor on dated 05.05.2020, 13.05.2020 and 23.05.2020. We have minutely perused these letters issued by the surveyor as Ex.R2 to Ex.R4. These letters have not been supported with any authentic registered post receipt or courier service receipt. Merely a photocopy has been placed on record to show that these letters have been served upon the complainant and on these receipts merely the name of the complainant Kuldeep and Hissar-HR is mentioned. The courier receipt number, name of the courier agency has not been mentioned anywhere. So it cannot be believed that these letters have ever been issued by the surveyor to the complainant. The surveyor again wrote the registered letter dated 21.01.2021 and the same has been placed on record as Ex.R5. Thereafter two more letters have been issued by the insurance company to the complainant as Ex.R7 & Ex.R8. As per the complainant the untraced report has been issued by the competent court on dated 22.07.2021 and the same has been immediately provided to the insurance company. Moreover the legal notice was also served upon the insurance company on 14.09.2021 and in this legal notice, it has also been mentioned that untraced report is also attached with the legal notice. It is also perused that as per the letters issued by the surveyor, some minor documents have been sought. It is also observed that as per clause 1(i) of affidavit Ex.RW1/A, it is submitted that : “In FIR engine number and chassis number & Vehicle Reg. No. should be mention” But perusal of FIR itself shows that Engine Number and Chassis number are already mentioned in the FIR. As per clause 1(m) of affidavit Ex.RW1/A, it is submitted that if any original papers has lost, it should be mentioned in FIR. But when an FIR has been got registered regarding the cognizable offence, the same could not be amended lateron. A supplementary statement has been registered regarding the registration number of the vehicle, it cannot be mentioned in FIR. Merely a supplementary statement can be registered. So after perusal of these letters, we came into the conclusion that no legal ground of repudiation has been taken by the opposite party in its letters.. Some more documents i.e. PAN Card, I.D.proof, photocopy of RC, current insurance policy have been demanded from the complainant, which will be submitted by the complainant with the opposite party. Hence there is deficiency in service on the part of opposite party and opposite party is liable to pay the IDV of the vehicle to the complainant and the IDV of vehicle as per policy Ex.R1 is Rs.1275000/-.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay the amount of Rs.1275000/-(Rupees twelve lac seventy five thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.12.11.2021 till its realization, to pay Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. However, complainant is directed to submit the documents i.e. PAN Card, I.D.proof, photocopy of RC, current insurance policy and to complete the formalities i.e. to submit the signed form no.29-30, indemnity bond and subrogation letter in favour of the company within 15 days from today and thereafter opposite party shall comply with the order of this Commission within one month.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
17.07.2023
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Nagender Singh Kadian, President
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Tripti Pannu, Member
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Vijender Singh, Member
