Tripura

Gomati

CC/9/2023

Shimul Ahammed Kazi - Complainant(s)

Versus

The Divisional Manager/ Branch Manager, Reliance General Insurance Company Ltd - Opp.Party(s)

Md. Asif Iqbal

11 Jun 2024

ORDER

 

BEFORE THE

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

GOMATI DISTRICT: UDAIPUR

 

C A S E  NO. C. C. 09/2023

 

Shimul Ahammed Kazi

S/O. Rabi Ulla Kazi,

Of Village- Dataram,

Presently residing at West Khilpara,

P.S:- R.K.Pur

Udaipur, Gomati , Tripura

                       

                                                 …....…......COMPLAINANT.  

 

 

                    V E R S U S

 

1. Divisional Manager/Branch Manager.

Reliance General Insurance Company Ltd.,

Anil Plaza, 5^th Floor (Beside IDBI Building),

G.S. Road, ABC, Guwahati-781005

 

 

               …....……OPPOSITE PARTIES

 

P R E S E N T

 

SHRI S.L. DUTTA, PRESIDENT

            A N D

SHRI S. Nandi, MEMBER

                                                   SMT. B. SOM, MEMBER

 

                        C O U N S E L S

 

For the Complainant: - Md. Asif Iqbal, Ld. Advocate

            For the Opposite Party- Mr. Saktipada Chakraborty, Ld. Advocate.

 

 

                                                DATE OF INSTITUTION: 04-04-2023

                                                DATE OF ARGUMENT : 29-05-2024

DATE OF JUDGMENT   : 11-06-2024

 

                        J –U- D –G-E- M- E –N- T

 

                        This case was instituted on the basis of a complaint filed under section 35 of the Consumer Protection Act. 2019 by the complainant Shimul Ahammed Kazi praying inter-alia for recovery of compensation on the ground of deficiency in service by the opposite party.

 

2.                      The case, in brief, of the complainant is that the complainant is the owner of Motor Cycle bearing No. TR-03- K- 9251(Yamaha) which is duly insured with Reliance General Insurance Company Ltd. Agartala Branch covering the period from 03-09-2020 to 02-09-2025 vide policy No. 202022023750005950 but that on 11-08-2021 the aforesaid Motor Cycle was stolen away by some unknown miscreants from Rajarbag Motor stand in-front of Waris Hospital and that on 13-08-2021 the complainant filed a written complaint to the O.C. R.K. Pur Police Station which was entered in G.D vide G.D entry No. 15 dated 13-08-2021 andlater on complainant came to know that R.K. Pur P.S did not register any case nor took any step and that thereafter again on 16-05-2022 the complainant filed a written complaint before the O.C, R.K. Pur P.S which was registered as R.K. Pur, P.S Case No. 50/2022 U/S 382(D) of I.P.C and on 15-09-2021 the complainant filed an application before the D.T.O, Gomati District, Udaipur to block the registration number of his bike and to take appropriate step and on 02-11-2021 the complainant also filed an application before the Divisional Manager/ Branch Manager, Reliance General Insurance Company Ltd. through K.N. Associates, Agartala Branch for compensation vide claim No. is 3221001481 and thereafter as per direction of Divisional Manager/Branch Manager, Reliance General Insurance Company Ltd. the complainant submitted all the relevant documents, 2(two) nos. of keys along with certified copy of final report of police case in the office of Reliance General Insurance Company Ltd. and that again on 18-01-2022 and 31-01-2022 the complainant sent 02(two) registered letters requesting the opposite party to pay the insured amount to him but yielded no result and so the complainant had to suffer mentally and physically because of non- payment of insured amount and also because of deficiency in service by the O.P and thus claimed compensation of Rs. 1,04,980/- along with interest from 11-08-2021 to till realization. The complainant also claimed Rs. 20,000/- for litigation cost and Rs. 20,000/- for deficiency in service. In total the complainant claimed Rs. 1, 44,980/- (Rupees One Lakh forty four thousand nine hundred eighty) only with up-to-date interest till realization of the total amount.

 

3.                     Opposite party on receipt of notice appeared and filed written objection denying the averments made in the complaint and stated that the insured applied and purchased Reliance Two Wheeler Bundled Policy vide policy Number 202022023750005950 for the first section period commencing from 03-09-2020 to 02-09-2021 and for the second section period commencing from 03-09-2020 to 02-09-2025 for his vehicle (Yamaha/ FZ-S/ F1 VSVI) bearing registration number TR-03-K- 9251 subject to policy terms and conditions and the answering opposite party issued the policy to the insured subject to policy terms and conditions.                        

 

3.1                    O.P also stated that on the scrutiny of the claim- 3221001481, which the complainant intimated on 21-08-2021, it was found that despite of repeated reminders via mail to the complainant for submission of documents from the answering opposite party dated- 27-12-2021, 24-01-2022, 27-01-2022 & 11-02-2022, the complainant failed to submit the following documents:-

1. Acknowledge copy of letter theft intimating to RTO.
2. F.I.R certified copy from court(original)
3. Final report from court( original)
4. Vehicle non-possession letter from financier
5. NOC & form 35 duly signed by financier(if loan complete)
6. KYC form duly filed and signature by insured
7. EMI statement from financer
8. Financier bank details for NEFT(Account No. IFSC code, Bank name, Bank address)
9. Fore closure letter from financier.
10. Cancel Cheque(CTS Cheque) and pass book photo copy.
11. Letter of subrogation dully notarized and signature on Rs. 100/- stamp paper (Drafting should be take print on stamp paper and rest Drat printing you can take Legal dummy paper)
12. Letter of indemnity duly notarized and signature on Rs. 100/- stamp paper (Drafting should be take print on stamp paper and rest Drat printing you can take Legal dummy paper).
13. Consent on Rs. 100/- stamp papers duly notarized and signature(Drafting should be take print on stamp paper and rest Drat printing you can take Legal dummy paper).

 

3.2                   It was further pleaded that on 02-03-2022, the aforesaid claim was duly closed for the non-submission of requisite documents and that the insurance company left no stones unturned in repeatedly reminding the complainant for the early submission of documents with a view to expeditiously settling the claim but the complainant however, failed to answer or revert back the emails sent to him which ultimately led to the closure of his claim on 02-03-2022.

 

3.3                   O.P again pointed out the relevant portion policy that “Notice be given in writing to the company immediately upon the occurrence of any accident loss or damage in the event of any claim and therefore the insured would give all such information and assistance as the company required and that every letter claim writ summons and or process or copy thereof shall be forwarded to the company immediately on receipt by the insured. Notice shall also be given in writing to the company immediately the insured shall have knowledge of any impending prosecution, inquest or fatal inquiry in respect of any occurrence which may give rise to a claim under this policy. In case of theft or criminal act which may be subject of a claim under this policy the insured shall give immediate notice to the police and co-operate with the company in securing the conviction of the offender.”

 

 

 

4.                     On the basis of the pleadings and documents the following issues were framed.

            1) Whether the case is maintainable?

            2) Whether the complainant took insurance policy bearing No. 202022023750005950 from the Reliance Insurance Company Ltd.?

            3) Whether there is any deficiency in service in servicing the said policy by the O.P?

            4) Whether the complainant is entitled to any compensation for deficiency in service and is so what shall be the quantum thereof?

            5) To what other relief/reliefs are the parties entitled to?

 

5.                     To prove the case, complainant filed his evidence-in-chief on affidavit. He also filed documentary evidence such as certified copy of F.I.R, Ejahar & final report as Exbt. P-1(i-vii), certified copy of order sheet of R.K.Pur P/S Case No. 50/2022 as Exbt. P-2, postal receipt as Exbt. P-3(i-iv) and insurance policy bearing No. 202022023750005950 as Exbt. P-4.  From the side of the respondent no evidence was adduced.

 

6.                     Thereafter argument of the both sides were heard. Ld. Counsel Md. Asif Iqbal for the complainant submitted that even thought the complainant fulfilled all the requirements as per the conditions of the insurance policy but the insurer failed to pay the requisite amount to the complainant and thus such act of the insurer amounted to deficiency in service and for that the complainant suffered mental and physical harassment. So according to the Ld. Counsel the complainant was entitled to appropriate compensation.

 

7.                     Ld. Counsel Mr. Saktipada Chakraborty for the insurer at the very outset challenged the maintainability of the claim by submitting that the financier was not impleded as party. It was further argued that complainant failed to prove that at the time of alleged theft of the motor bike,  the was under Hire-Purchase agreement and that at that time the complainant failed to submit non-possession, NOC and for closure letter of the financier. It was again pointed out that the complainant failed to submit the requisite documents to the insurer and so according to the Ld. Counsel that the complainant was not entitled to any relief. 

 

DISCUSSION DECISION & REASONS

 

Issue No. 1)Whether the case is maintainable?

 

8.                     The complainant in his evidence stated that he being the owner of the motor cycle bearing No. TR-03-K-9251 (Yamaha) got the same insured under the O.P covering the period from 03-09-2020 to 02-09-2025 vide policy bearing No. 202022023750005950. He further stated in his evidence that the aforesaid motor cycle was stolen away on 13-08-2021 and for that information was lodged with the O/C, R.K. Pur Police Station and the D.T.O, Gomati Tripura. The complainant further stated that though he filed the relevant documents to the insurer but he was not paid compensation for theft of his motor cycle. The insurer in its written statement admitted that the complainant purchased the aforesaid policy for his motor bike bearing NO. TR-03-K- 9251 (Yamaha).  The insurer also did not specifically deny the assertion of the aforesaid motor bike. As the complainant made a demand to the insurer/ O.P for payment of compensation for theft of his motor bike and as such demand remain unsolved, so the complainant had no other option but to approach before the Commission. Thus even though the insurer during argument pleaded that the financier was not impleded in the instant claim but from the Exhibit- 05 & 06 it appears that the financier issued no dues certificate against the loan account for availing finance for purchasing the aforesaid vehicle. In Exhibit- 06 there is  certificate by the financier showing its no objection in cancellation of the endorsement made in favour of the financer, from the registration book for the aforesaid vehicle. It was though argued that at the time of claim the complainant had no such certificate but there is no pointin makingsuch submission because it does hardly made any difference whether the complainant cleared dues at the time of theft of vehicle or thereafter. Thus the instant claim is held to be maintainable. Issue No. 1 is thus decided in affirmative.

 

Issue No. 2) Whether the complainant took insurance policy bearing No. 202022023750005950 from the Reliance Insurance Company Ltd. ?

9.                     In the complainant as well as in evidence-in-chief, the complainant stated that he being the owner of the motor cycle bearing No. TR-03-K-9251 (Yamaha) got the same insured with the opposite party covering the period from 03-09-2020 to 02-09-2025 vide No. policy No. 202022023750005950.  In support of such claim the complainant produced Exbt.4 i.e insurance policy and from the same the claim of the complainant is found to be true. The O.P in their written statement admitted such fact. Thus there is no doubt in holding that the complainant purchased the insurance policy bearing No. 202022023750005950 from the O.P i.e the Reliance Insurance General Company Limited. Issued No. 02 is thus decided in favour of the complainant.

 

Issue No. 03 & 04:- 

10.                    In the complainant as well as in his evidence-in-chief the complainant stated that his motor bike bearing No. TR-03-K-9251 (Yamaha) was stolen on 11-08-2021 and so he filed complaint on 13-08-2021 to the O/C, R.K. Pur Police Station and the same was entered vide G.D.E no. 15 dated- 13-08-2021 and as no case was registered so he filed a written complaint which was subsequently registered as R.K.Pur P/S 50 of 2022 Under Section 382(D) of I.P.C and on 15-09-2021 he filed an application before the D.T.O, Gomati Tripura to block the registration No.  of his motor bike and to take appropriate step.

 

11.                     The complainant produced F.I.R as Exbt. P1 (i-vii) and final report as Exbt. P-1 (v- vii) and from the same it appears that the complainant actually lodged information to P/S regarding theft of his motor bike bearing No. TR-03-K-9251 (Yamaha). It is also revealed that after investigation the stolen motor bike could not be traced and so submitted final report mentioning the complaint is true. Exbt. -02 i.e the order dated 21-09-2022 passed by the Ld. C.J.M in-connection with the aforesaid P/S case reveals that the FR(T) submitted by the I.O. was accepted. The complainant further stated that on 02-11-2021 he filed an application before the Divisional Manager of O.P seeking compensation and as per his direction he submitted all the relevant documents. The complainant also produced the postal receipt as Exbt. P-3 (i-iv) to show that he issued a letter to the O.P., 02(two) nos. of keys with certificate a copy of F.I.R in the office of the O.P and again on 18-01-2022 and 31-01-2022 sent through registered letters to O.P requesting for payment but he did not get any compensation.

12.                    In support of such claim the complainant produced F.I.R, Ejahar & final report in total 07(seven) sheets, postal receipt in total 04(four) sheets.  In the written statement the O. P specifically stated that despite reminders, the complainant failed to submit the documents including vehicle non-possession letter from financier, NOC and form- 35 duly signed by financier, fore-closer letter from financier,  cancelled cheque and pass book, letter of subrogation, letter of indemnity and consent. 

 

13.                    Even though the complainant lodged complaint but it is the admitted position that at the time of lodging of claim with the O.P the complainant did not submit the vital documents such as non-possession letter from financier, NOC and form-35 duly signed by financier, for-closer letter from financier, cancelled cheque and pass book, letter of subrogation, letter of indemnity and consent, which are essential for processing the claim. 

14.                    Complainant failed to prove that he filed such documents while making claim of compensation from O.P. From Exbt.05 & 06 it is evident that “No dues certificate” and “No objection certificate” were not available with the complainant at the time of lodging of claim for compensation from the O.P. Though it is the duty of the insurer to process and settle the claim but at the same time it is also the duty of the insured or the consumer to submit the requisite documents to enable the insurer to process and settle the claim.

15.                    Here in the instant case admittedly the complainant failed to submit the vital documents i.e. non-possession letter from financier, NOC and form- 35 duly signed by financier, fore-closer letter from financier, cancel cheque and pass book, letter of subrogation, letter of indemnity and consent to the O.P while marking claim for compensation for theft of his vehicle, specially when his motor bike was hypothecated to the financier. In absence of “No dues certificate” and “No objection certificate” from the financer the insurer is under no obligation to pay the insured amount to the owner/purchaser. Thus the complainant was also negligent in making claim for compensation in a proper way and so deficiency in service on the part of the O.P cannot be inferred. Thus at this stage the complainant is not entitled to get any compensation on the ground of deficiency in service on the part of the O.P.

                        Issue No. 03 & 04 are decided accordingly.

 

Issue No. 5) To what other relief/reliefs are the parties entitled to?

 

16.                    Even though the complainant at this stage is not entitled to any compensation on the ground of deficiency in service but when the complainant procured from the financer “No Dues” certificate and “No objection” certificate vide Exbt. P-5 and P-6 subsequently during pendency of this proceeding, which were also admitted by the insurer in cross-examination, and so the complainant, cannot be denied the relief in receiving the insured amount.

17.                    Thus the O.P i.e the Reliance General Insurance Company Limited must pay to the complainant Shimul Ahammed Kazi the insured amount within 30(Thirty) days from today and in the event of default in making such payment within the stipulated period, the insured amount shall carry interest @12% per annum from the date of default till payment.   

 

O R D E R

 

18.                    In the result, it is ordered that the O.P i.e the Reliance General Insurance Company Limited shall pay to the complainant Shimul Ahammed Kazi the insured amount within 30(Thirty) days from today and in the event of default in making such payment within the stipulated period, the insured amount shall carry interest @12% per annum from the date of default till payment.  

 

19.                    A copy of this order be supplied to the parties through their engaged Ld. Counsels.

20.                   With this observations and directions the instant complaint is disposed off on contest.

                        Make necessary entry accordingly.                          

                                                                                                            

                       

ANNOUNCED