Syeda Shahnur Ali,Member

The complainant purchased a motor cycle from M/S. Supreme Auto Mobile. The vehicle was insured under ICICI Lomberd Motor Insurance under direct control of the OP No.1 and under supervision of OP No.2 vide certificate no. 3005/24183471/10229000 valid from 01/09/2014 to 31/08/2015 amounting Rs. 50,123/- being the declare value of the vehicle. But unfortunately on 29/09/2014 the motor cycle was stolen from Argowal Bazer, P.S. Pataspur Dist. Purba Medinipur. FIR was lodged with pataspur p.s. and same was recorded at pataspur P.S. case No. 204/14 dated. 06/10/2014 under section 379 of I.P.C. the police after enquiry submitted a final report. The complainant informed the OPs in proper and prescribed from on 13/10/2014 and he was given claim no MOTO 4112524 and on the same day the complainant was informed through a letter that claim has been prosed by the OP No.1 and a surveyor  namely Shakti Services were appointed to assist the company in claim procedure however till date the OPs did not preside towards the bonafide claim of the complainant lastly the complainant send

legal notice on 19/12/2014 and the OP No.1 received the notice on 22/12/2014 and OP No.2 received on 23/12/2014 as such in-spite of receiving legal notice the OPs did not bother to reply the same. Hence this case.

 The OPs enter there appearance and files W/V and W/N/A In Para 7 of W/V filed by the OP No.1 and 2, they did not admit that police did submitted final report. The Ops stated that the complainant intimated the police after delay of 7 days from the date of theft of insured motor cycle. And the complainant informed the Insurance Company after laps of 15 days without explaining the delay.  Incident took place on 29/09/2014 which was intimated to the concern P.S. on 06/10/2014 and the Insurance Company on 13/10/2014. OPs stated in case of theft, insured should inform the P.S. within 24 Hrs. otherwise valuable time will be lost in tracking the vehicle.

We have gone through all the paper and documents, the complainant motor cycle was stolen on 29/09/2014. The complainant informed the P.S. on 6/10/2014 and the Insurance Company send a letter to the complainant on 13/10/2014 stating the claim No and the surveyor No. we do not find any letter of intimation made to the Insurance Company by the complainant. The complainant made in- ordinate delay in filing theft case in the concern P.S. more over complainant failed to show when he informed the OPs about the said theft of the motor cycle. The Ops by a letter dated 23/01/2015 captioned the claim as ‘no claim’ stating there in violation of policy condition.

We are therefor of the considered view that the complainant failed to prove his case and violated the policy as per terms of the policy condition and the OPs rightly repudiated the claim as no claim. As there is no deficiency in service on the part of the OPs

                Hence, it is,

Ordered

 That the complainant case be dismissed without any cost.