Brief fact of this case is that, Complainant Sri Arun Jaiswal  is the registered owner of one Pick Up Bolero(Mahindra & Mahindra) bearing Regd.No.OD09K-0734 financed by Indusind Bank Ltd. Barbil,Keonjhar.The said vehicle was duly insured with OP No.1 vide policy No. 3313/ 00184686 / 000/00 for the period from 21.01.2019 to 20.01.2020 covers the date of alleged incident. The said vehicle was missing on 04.04.2019 at about 2.30PM while the driver Sri Mrutunjay Mahapatra took the vehicle to Mestso India (P)Ltd. Khandabandha,Joda loading 1500 ltrs. of diesel in the diesel tanker attached to it. The complainant received telephone calls from Mestso India (P)Ltd. that the vehicle has not yet reached there. The complainant contacted the driver over telephone and found his mobile switched off. The complainant lodged FIR at Bamebari Police station on 10.04.2019 vide PS Case No.56 dt.10.04.2019. The complainant also informed the matter to OP No.1 through their Toll Free Number. On being received a phone call from Bamebari P.S. on 19.04.2019 the complainant went to the spot led by police and found that the diesel tank and chassis have been cut and removed from the vehicle so also the tyres and other tools kept. The complainant assessed loss to the vehicle by the authorised assessor, Utkal Automobiles Ltd.Barbil,Keonjhar and the loss is assessed at Rs.3,54,546/-.Subsequently thecomplainant submitted the claim application for settlement of the loss with the OP Cholomandalam MS GICo Ltd. along with all other documents. The complainant received a letter on 22.07.2019 from Sahid Nagar Branch,Bhubaneswar express therein for further survey and re-inspection of the vehicle within 05 days or else, it will be treated as No-claim. Delay in doing settlement of the legitimate claim of the complainant on the part of Ops is against natural justice , part of malafied and is in deviation of the policy terms which putting the complainant in to mental agony and hardship.

The complainant relies upon the following documents:

1. Copy of FIR.
2. Loss assessment report and estimate.

Under the above complain the case was admitted and notice issued to Ops. All Ops appeared and filed their written version in detail. In their written version the Ops stated that the facts stated in para No.1 ,5&6 of the petition of complainant are not within the knowledge of the Ops. The petitioner lodged FIR in Bamebari P.S. on delay of 6 days from the date of incident for which the driver got sufficient time to remove the important accessories from the alleged vehicle. The assessment made by Utkal Automobiles Ltd. has been connived with the petitioner which is not necessary for the settlement of the claim which is self made by the petitioner. After getting information the OP No.1 has appointed Surveyor/Loss assessor on 03.06.2019 and accordingly the surveyor surveyed and assessed the loss of damage and submitted his report on 31.07.2019.The Op No.1 has intimated the petitioner to complete necessary formalities of processing of the claim. Several reminders have been given to the petitioner to submit necessary documents but he has failed. The Op No.1 has sent a reminder last time on 12.07.2019 to the petitioner to submit the driving licence of the driver, claim form duly filled and signed and discharge vouchers and satisfaction voucher within 5 days notice from the date of receipt of letter  or treat the claim as “No claim”. Still then the petitioner had not  taken any steps. Ultimately the OP.No.1 has repudiated the claim as “No claim” as the petitioner did not comply the formalities for processing the claim. The allegation of the petitioner having no legal and equitable basis which deserves to be dismissed and the Ops are not liable to pay the claim as prayed for.

On the above pleadings the following issues are framed to decide the case.

1. Whether the case is maintainable?
2. Whether any cause of action arises on this case?
3. Whether Ops have made any deficiency of service?
4. Whether the complainant is entitled to get any relief sought for?                                       

FINDINGS

All issues are interlinked with each other. So they are discussed jointly to decide the claim of Insurance.

There is no doubt that the Vehicle bearing Regd.No.0D-09K-0734 was duly insured with Ops Insurance Company and the complainant was getting service from Ops. So the complainant is a consumer as per Sec-2(d) C.P.Act-2019.

The Insurance Policy No.3313/10184686/000/00 was effective since 21^st Jan2019 to 20^th Jan-2020. On the day of incident i.e.04.04.2019 the insurance policy was in force. The complainant got information that the alleged vehicle has been stolen for which he lodged FIR at Bamebari P.S. and the same has been registered as Bamebari  P.S. Case No. 56 of dt.10.04.2019. On dt.19.05.2019 Police led the complainant to the spot and found that the diesel tank and Chassis have been cut and removed from the vehicle so also the tyres and other tools kept. After getting the information the Op appointed a surveyor Mr.Bubhudutta Roy on dt.03.06.2019. Accordingly the surveyor assessed the loss of damage and submitted his report on dt.31.07.2019 and the assessment was  of Rs.32,850/-. On the other-hand the complainant made assessment through Utkal Automobiles Joda and the loss is assessed of Rs.3,54,546/-. So far as the delay of 5 days for intimation to Office is not a ground to delayed the claim but the OP   Insurance Company sent a letter to complainant on 22.07.2019 and requested the complainant to submit the pending documents as per their record. But the complainant submitted that he has deposited all the documents before Ops for settlement of claim. So repudiation of claim bearing Claim No.3313007861 as “No Claim” which is not a genuine ground to reject the claim. So this commission feels that the OP insurance company has not properly settled the claim which is a clear negligence on their part. They have not given properly service to the complainant.

As per the decision of  Chhatisgarh State Consumer Dispute redressal Commission,Pandari,Raipur passed an Appeal No.214/07 & other decision of the National Commission referred in this decision here it is held that & taken view in case  breach of policy condition as to limitation of use of vehicle the insured is entitled for settlement of claim on non-standard basis. Despite violation of Policy condition the claim has to be settled on non-standard basis of 75% on estimate of Utkal Automobiles of Rs.3,54,546-00 which is a genuine ground of the complainant for ends of justice. The cause of action arose on the day of theft.

So, the present case is maintainable and the complainant is entitled to get the reliefs sought for.

ORDER

 OP Insurance company is directed to pay the complainant 75% of Rs.3,54,546-00 (admissible claim) on non-standard basis. The Ops are further directed to pay Rs.50,000/- as compensation towards mental agony and cost of litigation. It is further directed that, if Ops Insurance Company failed to comply this order within 45 days from the date of this order, the total amount of Rs.2,65,910-00 + Rs.50,000-00=Rs.3,15,910-00 shall carry 9% penal interest per annum from the date of application till realization.