BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 10^th DAY OF OCTOBER 2023

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complainant filed this complaint U/s 35 of Consumer Protection Act 2019, seeking direction towards OP for the following reliefs:-

1. Issue necessary direction to respondent to settle complainant claim amount of Rs.19,000/- as per declared value of insured vehicle along with 12% interest.
2. Issue direction to pay the compensation amount of Rs.1,00,000/- (one lakhs only) towards the damages, financial loss, mental agony, and deficiency in service.

2. Brief facts of this case are as follows:-

The complainant is the owner of Honda Dio model vehicle (two wheeler) register No. KA-02-HQ-6104. The complainant purchased an insurance for the above said vehicle on 04.10.2021 vide policy No. 0716043121P10653788 valid up to 03.10.2022. The insured vehicle mentioned above was fixed at the value of Rs.19,000/- at the time of issue of policy. The complainant submits that the vehicle was stolen when parked in front of his house on 04.11.2021 at 9 pm. The complainant tried to search and trace his vehicle with the help of his neighbors on not finding the vehicle. He lodged a complaint with police, Chandra Layout Police Station on 14.11.2021 with registered FIR vide No.229/2021. The complainant submits that due to Covid-19 he registered the complaint with 10 days delay. The police investigation to trace the stolen vehicle here in produced ‘C’ report. Complainant further informed OP through phone regarding the claim of Rs.19,000/- on stolen vehicle. The OP refused the same and issued endorsement alleging the claim on 13.07.2022 vide letter No. Bro/Motser.hub/theft/2022. The complainant then filed the complaint against OP. Hence this complaint.

3. On issue of notice to the OP, OP filed their version on 03.05.2023. The OP accepts to the fact that the complainant has taken the insurance on the said vehicle. The OP further submits that the complainant has delayed with 10 days to file the complaint with the police. The complainant intentionally has taken the policy and planned theft drama and fraud, and claiming the amount of Rs.19,000/- for the claim of old vehicle registered on 03.03.2012. The OP also submits that according to the rules, the complainant had to inform the insurance company within 48 hours of the theft which the complainant failed to do. Hence the OP alleged the claim on 13.07.2022. All other conditions raised by the complainant in the complaint are hereby specifically repudiated as false and baseless and the complainant is not entitled for any amount. Complainant has not spent any amount and not produced for having spent any amount. Hence payment/indemnification would not arise for consideration. Therefore OP prays for dismissal of complaint.

4. The complainant in his contention has filed the affidavit evidence along with 6 documents marked as Ex.P.1 to Ex.P.6. The OP has filed his affidavit evidence along with 3 documents marked as Ex.R.1 to Ex.R.3. The OP files his written arguments, the complainant fails to submit written argument. Hence taken has not filed.

5. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OP?

ii) Whether complainant is entitled for the relief?

iii) What order?

6.  Our answers to the above points are as follows:-

Point No.1:- In the affirmative.

Point No.2:- Partly affirmative.

Point No.3:- As per the final order.

REASONS

7. Point No.1&2:- These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

8. It is true that the complainant had purchased the motor vehicle (two wheelers) on 03.03.2012 with register No. KA-02-HQ-6104 according to the document produced by the complainant which is marked as Ex.P.1. The complainant has taken an insurance policy No. 0716043121P106537188 for a period from 04.10.2021 to midnight of 03.10.2022 with insured declared value Rs.19,000/-. The OP also agrees that the complainant has taken insurance from them. Complainant also submitted a copy of FIR from Chandra Layout Police Station, wherein the complainant has filed a complaint on 14.11.2021 about the theft of the vehicle from the parking in front of the complainant’s house. Complainant also submitted a detail police enquiry report and ‘C’ report which says as untraced/undetected in the Ex.P.4. The OP submits in the affidavit evidence that the claim was made after delay of 9 months i.e. 01.07.2022, but OP has failed to submit any document or evidence which proves that the complainant has to file the complaint within 48 hours. In the copy of insurance policy submitted by the complainant and the OP (i.e Ex.P.2 and Ex.R.1) the terms and conditions of the policy does not mention that complaint regarding the theft should be informed to the insurance company within 48 hours.

9. The theft of the vehicle has taken place well within the term period of the policy i.e. 04.10.2021 to 03.10.2022. The complainant has tried his best to recover the vehicle from the police as per his contentions mentioned in his complaint. After the ‘C’ report submitted by the police, the complainant has gone further to claim for the insurance amount. This shows that the complainant has no where tried to be fraudulent or playing any theft drama. Hence the OP is directed to pay the claim amount of Rs.19,000/- as per the declared value of insured vehicle within 60 days from the date of order. The OP is directed to pay compensation of Rs.5,000/- and Rs.5,000/- towards litigation charge. For the above reasons we answer Point No.1&2 accordingly.

10. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-

ORDER

1. The complaint filed U/S 35 of Consumer Protection Act, is hereby allowed in part
2. OP if directed to pay the claim amount of Rs.19,000/- as per the declared value of the insured vehicle.
3. The OP is directed to pay an amount of Rs.5,000/- towards compensation for mental agony and harassment.
4. The OP is directed to pay an amount of Rs.5,000/- towards litigation cost.
5. The OP is directed to do the payment of the award amount within 60 days from the date of order, failing which will have to pay with an interest of 10% p.a on the award amount till realization.
6. Furnish the copy of the order and return the extra pleadings and documents to the party without cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 11^th day of OCTOBER, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;