Order No. 15 Dated 15/12/2015.
The case of the complainant in short is that complainant obtained an insurance policy against his vehicle being no.WB-25/D-80 being policy no.334027/31/12/000151 with o.p. for the period 21.4.11 to 20.4.12 for sum insured of Rs.6 lakhs. The vehicle had been stolen on 19.2.12 / 20.2.12 night and complainant lodged FIR at Pragati Maidan P.S. on 20.2.12 being FIR no.33 dt.20.2.12. Thereafter complainant tried to give intimation to o.p. but failed to inform since the office of o.p. had been shifted to another address and therefore complainant informed the incident to o.p. at Rajasthan on 24.2.12 at their corporate office. O.p. repudiated his claim vide their letter dt.3.3.12 for the reason of delay intimation. Hence the application praying for Rs.6 lakhs as sum insured as per policy, interest along with compensation and cost.
O.p. appeared before this case by filing w/v and denied all the material allegations interalia stated that in case of any loss / damage policy holder should immediately informed the insurance company through the toll free number given at the bottom of the policy certificate. As per IRDA rule any phone call on the toll free number is being treated as claim intimation and immediately claim number is generated and given to the insured. The alleged theft occurred on 19.2.12 but complainant informed o.p. about the incident after a lapse of about four days. The policy of insurance is a contract between the insured and the insurer. The liability of the insurer to pay the claim of the insured arises only when the insured had adhered to the terms and conditions of the insurance policy. Here complainant had violated the terms and conditions of the insurance policy and therefore complainant is not entitled to get any compensation from o.p. and so there is no deficiency in service on the part of o.p. and as such, the case is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant obtained an insurance policy against his vehicle being no.WB-25/D-80 being policy no.334027/31/12/000151 with o.p. for the period 21.4.11 to 20.4.12 for sum insured of Rs.6 lakhs. The vehicle had been stolen on 19.2.12 / 20.2.12 night when the policy was in force. Accordingly complainant lodged FIR. O.p. repudiated the claim only for the reason of delay in intimation. They also stated in their letter dt.3.3.12 that this delay intimation constitutes serious breach of condition no.1 of the insurance policy. It is true that complainant did not inform the incident through toll free number but o.p. did not deny the fact that they shifted their office. Complainant informed the incident only after four days to o.p. though complainant lodged the FIR on 20.2.12 i.e. immediately after the incident. So, we are in the view that complainant is entitled to relief as per non standard basis.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.2,75,000/-(Rupees two lakhs seventy five thousand) only as non standard basis and is further directed to pay compensation of Rs.60,000/- (Rupees sixty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.