Karnataka

Belgaum

CC/772/2014

Ramhinder S Khurana .Eskay Roas Ways - Complainant(s)

Versus

The divisional Manager Bajaj Allianz General Insurance Company Ltd - Opp.Party(s)

25 Apr 2017

ORDER

IN THE DIST.CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.

 

Dated this 25^th day of April 2017

Complaint No. 772/2014

 

Present:              1)      Shri.B.V.Gudli,                       President  

2)      Smt. Sunita,                           Member

-***-

Complainant/s:          M/s.Eskay Roadways,

R/by its Authorised Signatory,

Sri.Ramhinder Singh Khurana,

Age: 75 years, Occ: Transport Business,

R/o.Plot #28, Near II Railway Gate,

Tilakwadi, Belagavi.

 

(By Sri.R.B.Mangavati, Advocate)

 

V/s.

                                                                     

Opponent/s:      .         The Divisional Manager,

Bajaj Allianz General Insurance Co. Ltd.,

1^st Floor, Madiwale Arcade,

Club Road, Belagavi.

 

 

(By Sri.B.N.Chougala, Advocate)

 

 (Order dictated by Sri.B.V.Gudli, President)

 

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging deficiency in service in not paying the insurance policy claim amount by the OP.

 

         

2) The O.P. appeared through his counsel but not filed written version or evidence affidavit.

           3) In support of the claim of the complaint, the complainant has filed his affidavit and produced some documents. Written argument is filed for complainant.  

4) We have also heard on both sides and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of O.Ps & entitled to the reliefs sought?

          6) Our finding on the point is in partly affirmative, for the following reasons.

:: R E A S O N S ::

            7)       On perusal of allegations of the complaint and affidavit of complainant, the complainant is a partnership firm of M/s.Eskay Roadways, Gandhi Nagar, Belgaum. The company in order to manage its finance had opened bank account in respective cities. The complainant firm whose branch is situated at Divas Naka, Indore, Madhya Pradesh is maintaining its account with ICICI Bank Branch at Malava Parisar, Indore under A/c. No.004105500103 under the head of S.B. A/c. To avoid any ill- consequences the complainant firm insured its transaction in transport with OP i.e. the cash to be carried out by the authorized employees of the complainant’s company from bank to office & office to bank & accordingly the OP by accepting its responsibility to insure cash in transit received a base premium amount Rs.882/- & issued policy no.OG-11-1713-4011-00000011 on 23.07.2010 from 16.07.2010 to 15.07.2011. The complainant further submits that on 05.08.2010 the complainant’s employee Mr.Vinay had withdrawn an amount Rs.108000/- from ICICI Bank Branch at Malava Parisar, Indore. After withdrawal of amount Mr.Vinay proceeded to complainant’s office at Divas Naka, Indore, at that time Mr.Vinay reached to Orbit Mall  & at that time an unidentified persons suddenly snatched the cash bag containing Rs.108000/- which was withdrawn from ICICI Bank & even Mr.Vinay and another person escorted him viz., Krishna Chavan tried to resist the same, but the unidentified persons succeeded in snatching the bag & thus ran away from the spot & despite search made by Mr.Vinay & Mr. Krishna they did not found the said persons, therefore a complaint was lodged with Indore MIG Colony PS on the very day which was registered by police in FIR No.1127 dt.05.08.2010. However the police are investigating in this regard till this date. That due to unfortunate incident the complainant lost Rs.108000/- and therefore as insured, on 05.08.2010 a letter was submitted to OP along with insurance claim. After the submission of claim form the complainant made enquiry with OP, but the OP gave false assurance that claim will be considered. That on 09.06.2011 OP issued letter to complainant to the effect that turnover was declared by complainant was Rs.8 lakhs & as per the bank statement the total turnover Rs.2,30,00,000/- which was against the policy and thus complainant is entitled for proportionate amount Rs.37565/- & therefore the suitable reply was issued by the complainant by stressing out the narration made by the company on the date of issuance of policy to the effect that money insured is covered upto Rs.2 lakhs sum insured for entire year which covers for maximum Rs.2 lakhs loss in a year. At the same time the premium charged for Rs.2 lakhs & it will not vary with the turnover of Rs.80 lakhs or Rs.2 crores raised by the OP by hand. The complainant further submits that without complying the norms on 31.11.2011 OP unilaterally without affording an opportunity being heard closed the file without making payment. Hence there is deficiency of service on the part of OP. Hence the complainant is constrained to file this complaint against OPs.  Earlier the complainant had filed Compt.No.267/14 before this forum, however it was withdrawn by filing memo praying for withdraw the same with a liberty to file afresh complaint on the same cause of action. Accordingly this forum pleased to pass the order permitting the complainant to withdraw the same with a liberty to file afresh complaint.

8)      The O.P. appeared through his counsel but not filed written version & evidence affidavit & failed to contest the case inspite of sufficient opportunities given to OP. Hence the contents of the complaint, affidavit & also the documents produced by the complainant remained unchallenged.

          9) Taking into consideration of the facts, evidence on record and the discussion made here before the complainant has proved deficiency in service on the part of the O.P. 

10)    Accordingly the following

ORDER

          The complaint filed by the complainant is allowed in part. The OP is hereby directed to pay the complainant Rs.1,08,000/- with interest @9% P.A. from the date of filing complaint till realization.

          Further, the OP is hereby directed to pay the complainant Rs.2,000/- as compensation and Rs.1,000/- as cost of the proceedings.

          The order shall be complied within 30 days from the date of this order.

 (Order dictated, corrected and then pronounced in the open Forum on: 25^th day of April 2017)

 

 

 

MSR