Haryana

Karnal

CC/175/2023

Ramleen Singh - Complainant(s)

Versus

The Manager, United India Insurance Company Limited - Opp.Party(s)

18 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.175 of 2023

                                                        Date of instt 17.03.2023

                                                        Date of Decision: 18.12.2024

 

Ramleen Singh son of Shri Manjit singh, house no.348, old Housing Board Colony, Sector-13, Karnal-132001 (Haryana), Mobile no.8470960260.

 

                                                                        …….Complainant.

                                              Versus

 

1. The Manager, United India Insurance Company Ltd., Durga Bhawani Temple, Floor no.1, G.T. Road, Karnal near old Bus Stand, Karnal-132001 (Haryana).
2. The Manager, United India Insurance Company Limited, Divisional office-30 (Gurugram), Unit no.34, 35, 6-A, 6-B, Ground floor, Vipul Trade Centre, Sector-48, Sohna Road, Gurugram-122001 (Haryana).
3. The CEO/Policy Bazar Insurance Brokers Private Ltd., registered office, plot no.119, Sector-44, Gurugram-122001 (Haryana).
4. The Regional Managr, CRM, United India Insurance Company Ltd., Regional office, SCO no.123-124, Floor no.3, Sector 17-B, Chandigarh-160001.

 

                                                                   …..Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Ms. Neeru Agarwal…..Member  

      Ms. Sarvjeet Kaur…..Member

 

Argued by:  Manjit Singh, father of complainant in person.

Shri Balwan Singh Dhaunchak, counsel for the OPs No.1,2 and 4.

OP no.3 exparte, vide order dated 01.05.2023.

                   

                     (Jaswant Singh, President)

ORDER:          

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant was the registered owner of motorcycle bearing registration No.HR-05-BB-1698  and the same was got insured with the OP, vide policy no.22300031210160474869, valid from 04.10.2021 to 03.10.2022. The insured declared value of the said vehicle was Rs.38,682/-. On 15.06.2022 at about 19.30 hours, when complainant had gone for his walk in Atal Park, Karnal, his motorcycle was stolen from the parking of Atal Park Sector-8, Karnal. Complainant immediately called on Haryana Dial-112 Emergency Response Support System for help and then lodged complaint with the Police Station concerned on the very same day and FIR no.0424 dated 15.06.2022 was registered in the Police Station, Sector 32-33 Karnal. When the police did not find any trace of the motorcycle, the police issued untrace report to the complainant. The intimation was also sent to the OPs. On receipt of intimation, the investigator was appointed by the OPs and complainant completed all the formalities to settle the claim. The time of more than nine months has already been passed away but the complainant has neither been intimated about the status of his claim nor he provided with his claim amount. Thereafter, complainant requested the OPs number of times to settle the claim but OP did not settle the claim of complainant. The claim of the complainant was neither repudiated nor allowed by the OPs. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OPs to pay Rs.38682/- the IDV of the vehicle alongwith interest @ 12% per annum from the date of theft till its realization, to pay Rs.20,500/- on account of deficiency in service, mental pain, agony, harassment and litigation expenses.

2.             On notice, OPs No.1, 2 and 4 appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the complainant has not cooperative in providing the requisite documents for settlement of his claim timely and appropriately, the OPs vide its email viz 1. Third Party Policy/Bundled Policy, 2. Intimation to RTO for safe custody with acknowledgement of letter, 3. Intimation to NCRB, 4. Original Purchase Invoice copy, 5. Final Report accepted by Court u/s 173 Cr.P.C. and 6. Untrace report. Non-providing of abovesaid document, the claim of the complainant is not yet finalized and complaint of the complainant being premature as the claim of the complainant neither closed/repudiated nor settled and hence liable to be dismissed. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             OP no.3 did not appear despite service and opted to be proceeded against exparte, vide order dated 01.05.2023 of the Commission.

4.             Parties then led their respective evidence.

5.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of insurance policy Ex.C1, copy of FIR Ex.C2, copy of Intimation Letter to Registration Authority Ex.C3, copy of untrace report under section 173 Cr.P.C. dated 06.10.2022 Ex.C4, copy of order dated 30.11.2022 Ex.C5, copy of NCRB Ex.C6, copy of email dated 13.09.2022 and 14.09.2022 Ex.C7, copy of statement recorded by Shri Gurmeet Singh on 15.09.2022 of Ramleen Singh and Gurpreet Singh Ex.C8, copy of Black List given to Shri Gurmeet Singh Ex.C9, copy of claim form got filled in by Gurmeet Singh from deponent Ex.C10, copy of affidavit regarding stolen vehicle HR-05-BB-1698 Ex.C11, reminder Gmail to United India Insurance on 08.11.2022 Ex.C12, copy of service request changed by Policy Bazar UIIC GGN on 11.11.2022 Ex.C13, gmails dated 16.02.2023, 20.02.2023, 22.02.2023, 23.02.2023, 26.02.2023 and 27.02.2023 Ex.C14 to Ex.C18, copy of letter dated 16.04.2023 Ex.C19, copy of legal notice dated 27.02.2023 Ex.C20, copy of postal receipts Ex.C21 to Ex.C24, copy of registration certificate Ex.C25, copy of aadhar card Ex.C26 and closed the evidence on 07.08.2023 by suffering separate statement.

6.             On the other hand, learned counsel for the OPs No.1, 2 and 4 has tendered into evidence affidavit of Pankaj Singh, Assistant Manager Ex.OPW1/A and closed the evidence on 29.07.2024 by suffering separate statement.

7.             We have heard the complainant and learned counsel for the OPs and perused the case file carefully and have also gone through the evidence led by the parties.

8.             Father of complainant, while reiterating the contents of the complaint, has submitted that on 15.06.2022, during the subsistence of insurance policy, the insured motorcycle was stolen. Intimation was given to police as well as to the OPs. FIR no.0424 dated 15.06.2022 was registered with the Police Station, Sector 32-22 Karnal. Complainant submitted the claim with the OPs and completed all the required formalities for settlement of the claim but OPs has not settled the claim and lastly prayed for allowing the complaint.

9.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that despite repeated requests, the complainant did not supply the requisite documents, hence, the complaint is premature. The claim of the complainant neither closed/repudiated nor settled and lastly prayed for dismissal of the complaint

10.           We have duly considered the rival contentions of the parties.

11.           Admittedly, the vehicle in question was stolen during the subsistence of insurance policy. It is also admitted that the insured declared value (IDV) of the vehicle in question is Rs.38,682/-.

12.           The claim has not been settled by the OP on the ground for non-submission of the documents. OPs have alleged that complainant has failed to supply the following documents:-

1.     Third Party Policy/Bundled Policy

2.     Intimation to RTO for safe custody with acknowledgement of letter,

3.     Intimation to NCRB,

4.     Original Purchase Invoice copy,

5.     Final Report accepted by Court u/s 173 Cr.P.C.

 6.    Untrace report.

       

13.           Complainant has alleged that he has supplied the required documents to the OPs. The onus to prove his version was relied upon the complainant. To prove his version, complainant has placed on file copy of intimation to Registration Authority Ex.C3, copy of untrace report Ex.C4 dated 30.11.2022, which was accepted by the Court of CJM, Karnal, vide order Ex.C5 dated 30.11.2022. Complainant also placed on file copy of NCRB report Ex.C6 dated 02.04.2021 and copy of blacklist report Ex.C9 dated 19.09.2022 issued by Registration Authority (MV) Karnal. The remaining documents allegedly not submitted by the complainant cannot become a hurdle in settlement of the claim. When the complainant has placed on file copies of required documents as to why he has not submitted the same to the OPs. Thus, the plea taken by the OP has no force.

14. Furthermore, now a days it has become a trend of insurance companies, they issue the policies by giving false assurances and when insured amount is claimed, they make such type of excuses. Thus, the denial of the claim of complainant is arbitrary and unjustified. In this regard, we place reliance on the judgment of Hon’ble Punjab and Haryana High Court titled as New India Assurance Company Ltd. Versus Smt. Usha Yadav & others 2008 (3) RCR (Civil) 111, has held as under:-

“It seems that the Insurance Companies are only interested in earning the premiums which are rather too stiff now a days, but are not keen and are found to be evasive to discharge their liability. In large number of cases, the Insurance companies make the effected people to fight for getting their genuine claims. The Insurance Companies in such cases rely upon clauses of the agreements, which a person is generally made to sign on dotted lines at the time of obtaining policy. This is, thus pressed into service to either repudiate the claim or to reject the same. The Insurance Companies normally build their case on such clauses of the policy, but would adopt methods which would not be governed by the strict conditions contained in the policy”.

15.           Keeping in view the ratio of the law laid down in the abovesaid authority, facts and circumstances of the present complaint, we are of the considered view that the act of the OPs while repudiating the claim of the complainant amounts to deficiency in service and unfair trade practice.

16.           As per insurance policy Ex.C1, the insured declared value(IDV) of the vehicle in question is Rs.38,682/-. Hence, complainant is entitled for the said amount alongwith interest, compensation for mental pain, agony and harassment and litigation expenses etc.

17.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to pay Rs.38,682/- (Rs. thirty eight thousand six hundred eighty two only) alongwith interest @ 9% per annum from the date of filing the complaint i.e.17.03.2023 till its realization to the complainant. We further direct the OPs to pay Rs.20,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.5500/- for the litigation expenses. This order shall be complied with within 45 days from the receipt of copy of this order. Complainant is also directed to complete all the formalities with regard to transfer/cancel of the RC of the vehicle in question. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 18.12.2024    

                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

                    (Neeru Agarwal)      (Sarvjeet Kaur)

                       Member                      Member