DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 65 OF 2017
Ramesh Kumar Poddar ( 47 Yrs.),
S/O: Late Bajranglal Poddar,
R/O: Marwaripada, Jharsuguda,
PS/PS/Dist: Jharsuguda, Odisha…………………...…………………Complainant.
Versus
- The Branch Manager,
ICICI Lombard General Insurance Co. Ltd.,
Kalimandir Road, Jharsuguda,
PO/PS/Dist: Jharsuguda, Odisha…
- The Chief Executive Officer,
ICICI Lombard General Insurance Co. Ltd.,
15, Park Street Apeejay House, Block – B,
7th, Floor, Kolkata- 700016 (W.B)…………...............….…...Opp. Parties
Counsel for the Parties:-
For the Complainant Shri R.K.Sharma Adv. & Associates.
For the Opp. Parties Shri B.N.Dutta Adv. & Associates.
Date of Order: 14.11.2017
Present
1. Shri Sundar Lal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member (W).
Shri Sundar Lal Behera, President : - The complainant case in brief is that he is the registered owner of one Hero make Passion – Pro Motor Cycle bearing Regn. No. OR 23 E 2311, insured with the O.Ps. The insurance was valid from dtd. 18.05.2016 to 17.05.2017. On dtd. 31.05.2016 the said vehicle was stolen from near the residential house of the complainant, informed to the O.Ps through Toll Free Number and lodged FIR in the Police Station, Jharsuguda. The complainant received the copy of FIR on dtd. 05.06.2016. The O.Ps appointed a Surveyor on dtd. 19.06.2016 who received the relevant documents. The O.Ps repudiated the claim of complainant on flimsy ground. Hence this case.
On receiving notices the O.Ps. appeared and filed written version jointly. The O.Ps submitted that the vehicle was stolen on May 23 2016 but the FIR was lodged by the complainant on June 05 2016 after 13 days and also there is violation of policy condition. On the said ground the O.Ps rejected the claim of complainant on dtd. 04.10.2016 and also prayed that the case should be dismissed.
Heard from the parties. The insurance policy was valid from dtd. 18.05.2016 to 17.05.2017. The insured vehicle was stolen from near the resident of complainant on dtd. 31.05.2016 while the complainant informed at the Police Station, Jharsuguda on dtd. 05.06.2016 and obtained a FIR report. The total IDV of the said vehicle was Rs. 24231/- only. The repudiation letter dtd. 04.11.2016 issued by the O.Ps reflects that the vehicle was stolen on dtd. 23.05.2016 but the FIR report shows that, the vehicle was stolen on dtd. 31.05.2016 and there is delay of 05(five) days instead of 13(thirteen) days. The Final Investigation Report reflects that the Facts Reported True (FRT) but no clue.
Though the complainant lodged FIR on delay of 05 days but it was fact that the vehicle of complainant was stolen. The said vehicle was under validity period of insurance.
In the above facts and circumstances the complaint petition is hereby allowed by directing the O.Ps to settle the insurance claim of complainant on non-standard basis (75% of IDV of vehicle mentioned in the Insurance Policy Rs. 24231/- only) and pay a sum of Rs. 18,173/- (Rupees eighteen thousand one hundred seventy three) only to the complainant along with pay a sum of Rs. 2,000/- (Rupees two thousand) only towards harassment, mental agony and cost of case within 30(thirty) days from the date of receipt of this order, failing which interest @10% shall be charged on abovementioned awarded amount till its realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 14th day of November 2017 and copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree
A.Nanda,Member ( W) S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me
S.L.Behera, President
