<br /> D.o.F;12/9/06<br /> D.o.O:18/7/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.106/06<br /> Dated this, the 18th day of July 2008<br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.REMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER <br /> <br /> K.A.Muhammedkunhi,<br /> S/o Abdullakunhi Haji,<br /> Kaliyar Manzil,Eriyal, Kudlu Po.<br /> Rep. By P.A.Holder : Complainant<br /> Abdul Sathar C.M.(Marappan)<br /> S/o Abdulla,R/at Cherangai House,<br /> Eriyal, Kudlu Po,Kasaragod.<br /> (Adv.George John)<br /> <br /> The Manager,<br /> Oriental Insurance Co.Ltd,<br /> 2nd floor, City point building, : Opposite party<br /> M.G.Road,Kasaragod.<br /> <br /> ORDER<br /> <br /> SRI.K.T.SIDHIQ: PRESIDENT<br /> <br /> In short the case of the complainant is that the opposite party M/s Oriental Insurance co.Ltd has not honoured his claim for damages arising on the theft of his Maruthi Zen car bearing Reg. KA 19/Z6969 which was duly insured with Oriental Insurance Co.Ltd.<br /> <br /> 2. The opposite party M/s Oriental Insurance Co.Ltd contended that there is inordinate delay in lodging FIR regarding theft. The theft was occurred between 17/6/04 to 18/6/04 midnight and the policy was for the period from 17/6/04 to 16/6/05. But the FIR was lodged on 26/6/04. As the claim is of ‘close proximity’ the claim is forwarded to their higher ups and it is still pending, hence the complaint is premature and not maintainable.<br /> <br /> <br /> <br /> 3. The power of attorney holder of complainant namely Abdul Sathar C.M filed an affidavit in support of the case and Exts.A1 to A7 marked. For the insurer Sri.Lakshmanan Branch Manager of Oriental Insurance Co.Ltd filed affidavit and Ext.B1 to B4 were marked. Both parties were heard and the documents perused.<br /> <br /> 4. The counsel for the opposite party mainly oriented his argument with respect to the delay occurred in lodging FIR before the police. He placed reliance on the decision rendered by Hon’ble National Consumer Disputes Redressal Commission reported in III (2006)CPJ 240(NC) relying on a decision reported in III (2003) CPJ 77(NC) and contended that claim of Sri.Mohammed Kunhi is not allowable in view of the delay in lodging FIR and intimating the insurer. On a perusal of the said decision it is seen that that is a case where the delay for lodging FIR in 2 months and the insurer was intimated about the theft after 2 years. Therefore the Hon’ble National Consumer Disputes Redressal Commission has held that the delay in lodging FIR belatedly raised suspicion . But the said decision is not applicable in this case as the delay is only 10 days in lodging the FIR. Moreover, the complainant Mohammed Kunhi had satisfactorily explained the delay caused in lodging FIR . At the time of giving FIS he stated that he was not in station at the time of theft and after reaching home from Mumbai, he lodged the FIR before the police. Hence the said decision is not applicable to this case.<br /> <br /> 5. The long delay in non-settlement of claim of Mohammed Kunhi itself amounts to deficiency in service on the part of Oriental Insurance Co.Ltd.<br /> <br /> Therefore, we allow the complaint and Oriental Insurance Co.Ltd is directed to pay the Insured Estimated Value (IEV) of the vehicle Rs.150,000/- to <br /> <br /> <br /> Muhammed Kunhi with interest @ 9% per annum from the date of complaint till payment. Oriental Insurance Co.Ltd is further directed to pay a sum of Rs.2000/- <br /> towards the cost of these proceedings. Time for compliance of this order is limited to 30 days from the date of receipt of copy of the order.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts.<br /> A1-Copy of the FIR<br /> A2-Copy of the policy<br /> A3-11/7/06-Copy of lawyer notice<br /> A4-postal acknowledgment<br /> A5-Copy of final report<br /> A6-Copy of R.C.book<br /> A7-General Power of Attorney<br /> B1-Private Car package policy<br /> B2-Claim Intimation<br /> B3-18/7/06-Copy of the letter to complainant<br /> B4-Acknowledgment.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva/<br />