PRESENT:      Sh.Naresh Kumar Bansal, Adv. for complainant.

Ms.Anamika Mehra,  Adv. for OP-1

OP-2 already deleted.

                        ---

PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Gian Chand Gupta has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to pay the insured sum of Rs.6,50,000/- of the vehicle with interest @ 12% p.a.  The complainant has further prayed that OP be also directed to pay Rs.1,00,000/- as compensation for mental agony and harassment besides Rs.10,000/- as costs of litigation.

2.        In brief, the case of the complainant is that he got insured his Truck bearing registration No.HP-64-4872 with OP for assured sum of Rs.6.50 lacs vide insurance policy (Annexure P-1) against the premium of Rs.22,926/-. The said policy was valid from 03.03.2007 to 02.03.2008. According to the complainant, on 14.10.2007, the truck was stolen from Solan (H.P.). F.I.R. No.280 of 2007 dated 14.10.2007 under section 379 IPC was got registered to this effect. The complainant informed Tata Motors Ltd. regarding the theft of the vehicle on the same day and also handed over the copy of the F.I.R. and 5 cheques towards installment of the truck.  On 20.02.2008, the complainant handed over the non-traceable report dated 31.01.2008 to Insurance Company and enquired about his claim but he was informed that no claim intimation was received in the office to this effect. On the advice of OP, the complainant informed the Branch Office of OP from where the insurance policy was issued.  According to the complainant, he submitted all the documents as desired by OP vide its letter dated 25.03.2008. The complainant also submitted the final report under section 173 Cr.P.C. to OP. According to the complainant, the claim was not settled despite his repeated requests and service of legal notice dated 06.01.2009 which amounts to deficiency in service and unfair trade practice on the part of OPs. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by OP, the factum of insurance of the vehicle in question for assured sum of Rs.6.50 lacs for the period from 03.03.2007 to 02.03.2008 has been admitted. It has also been admitted that the vehicle in question was stolen. It has been pleaded that the complainant was sent letter dated 06.05.2009 (Annexure OP/1) requiring him to supply the following documents:-

i)   RC to be transferred in the name of Company.

     ii)  Letter of Subrogation.

iii)    Letter of undertaking.

iv)         Letter of Police

v)              NCRB Report

     According to OP, the claim was settled to the tune of Rs.6,42,000/- and the complainant was informed accordingly vide letter dated 15.10.2009 (Annexure OP-2) but the complainant has failed to fulfill the necessary formalities. In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal.

4.        We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 

5.        It is admitted case of the parties that the truck in question was insured with OP for the period from 03.03.2007 to 02.03.2008. It is also admitted case of the parties that the truck in question was stolen on 14.10.2007 and has not been traced so far. The report under section 173 Cr.P.C. has been filed by the police wherein it has been mentioned that the truck has not been traced so far. OP has sought the documents mentioned in the letter dated 06.05.2009 from the complainant. According to the complainant, he has already submitted all the documents sought by OP vide letter dated 06.05.2009. The copies of the said documents have also been placed on record. The truck cannot be got registered in the name of the insurance company till it is recovered. In these circumstances, the condition No.1 mentioned in the letter dated 06.05.2009 (Annexure OP-1) cannot be fulfilled till the truck is recovered. Otherwise the letter of subrogation and letter of undertaking have already been submitted by the complainant undertaking that he will transfer the ownership of the vehicle in question in the name of the OP-Company as and when the truck is recovered.

6.        In these circumstances, the non-payment of the claim of Rs.6,42,000/- as approved by the company itself amounts to deficiency in service.

7.        In view of the above findings, this complaint is allowed with a direction to OP to pay a sum of Rs.6,42,000/- to the complainant towards his claim amount. OP is also directed to pay to the complainant a sum of Rs.50,000/- as compensation for mental agony and harassment besides Rs.5,000/- as costs of litigation.

8.        This order be complied with by the OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to pay the amount of Rs.6,92,000/- to the complainant along with penal interest @ 18 p.a. from filing of the complaint i.e. 20.03.2009 till its realization besides costs of litigation.

9.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11.02.2010

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(ASHOK RAJ BHANDARI)

MEMBER