This is a case under section 12 of the Consumer Protection Act 1986.

Brief facts of the complainants’ case is that, the complainant had one (1) Insurance Policy with the O.P. Insurance Company, in respect of his bike having Registered No. W.B. 86A-4639 and the insurance was valid from 04.02.2019 till 03.02.2020 and the total I.D.V. of the bike was Rs. 1,12,000/-(Rupees One Lakh Twelve Thousand Only).

The above bike was stolen within the insured period, when the complainant, was at Bangalore, from his temporary address at Surovi Apartment, Siliguri. The complainant came to know of such theft, when he returned to Siliguri and had lodged a written complaint at Siliguri P.S., being Siliguri P,S. Case No. 137/2019 u/s 380 I.P.C. He then made a claim to the O.P. Insurance Company on 06.03.2019. The complainant then received a notice dt. 25.07.2019, wherein it was mentioned that the claim no. being 3219000658, could not be granted, as the claim was made after twenty four(24) days of the theft and the Police Station was also intimated after twenty two(22) days. The complainant then replied, vide notice dt. 04.09.2019, stating that it was a successful tactic, employed by the O.P. Insurance Company and requested them to immediately remit the insured amount within seven (7) days. But in spite of receiving the notice on 05.09.2019 the O.P. Insurance Company failed to respond. The complaint had then filed this case, in this Commission. Hence this case.

The O.P. Insurance Company, apart from admitting the insurance of the bike, have denied the entire claim made by the complainant. On the contrary, they have claimed that, nonpayment of insurance for breach of Policy terms and conditions cannot be said to be deficiency in service. They have thus, prayed for dismissal of the claim.

The complainant has examined himself, on oath and furnished certain documents in support of his claim. The O.P. Insurance Company on the other hand, though, appeared to contest the claim, but finally abandoned their stance.

In view of the unchallenged testimony of the complainant, as well as the admission of the same by the O.P. Insurance Company, in their Written Version, the only point in dispute is whether the O.P. Insurance Company was justified in repudiating the claim, on the ground of breach of terms that the accidental loss of the concerned bike had not been intimated immediately upon the occurrence of such loss. In this regard, it needs to be mentioned, that the testimony of the complainant had not been challenged in anyway whatsoever, despite having numerous opportunities to do so. Therefore, the contention of the complainant that he came to know of such loss of the bike after he returned from Bangalore, needs to be accepted. Therefore, when the complainant himself came to know of such loss, after a period of time and had promptly lodged a complaint and the claim for insurance thereafter, what else could the complainant have done in such a scenario. Thus, the complainant cannot be faulted for the occurrence of such a circumstance.

On the other hand, the O.P. Insurance Company also should not have hidden behind such a technicality, that the claim had not been filed immediately, after the occurrence of such loss of bike. In any case, it is the duty of the police authorities to locate and recover such theft and the role of the O.P. Insurance Company, was only to interact with the police and assist them in the recovery of such theft, in whatever manner they could have done so. But to penalize the complainant for no fault of his, appears to be not only harsh, but also reeks of arbitrariness. Under the circumstance, the complainant should be compensated with the insurance amount. As a result the instant case succeeds on merit.

It is therefore,                                                                                                       

O R D E R E D

That the case be and the same is decreed on merit, but without costs considering facts and circumstances of the case.

The O.P. Insurance Company is directed to make payment to the complainant the sum of Rs. 1, 12,000/-(Rupees One Lakh Twelve Thousand Only), failing which interest @ 8 % would be levied upon the above amount, till the date of payment.

Copy of the Judgement/ Final Order be handed over to the parties free of cost.