Punjab

Fatehgarh Sahib

CC/91/2014

Raj kumar - Complainant(s)

Versus

the nwe india insurance co ltd - Opp.Party(s)

Sh MS Salana

29 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                                                             Consumer Complaint No.91 of 2014

                                                                                                                       Date of institution:  17.06.2014                                                                                                                                                  Date of decision   :   29.05.2015

 

Raj Kumar son of Sh. Ganga Ram, resident of House No.348, Sector 2-B, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib.

……..Complainant

Versus

 

1. The New India Insurance Co. Ltd., 1215, 12^th Floor, Naurang House, 21, Kasturba Gandhi Marg, New Delhi through its Secretary/Chairman/M.D.
2. The New India Insurance Co. Ltd. Branch near Khalsa Petrol Pump, opposite Grain Market, G.T.Road, Khanna, Tehsil Khanna, District Ludhiana through its Branch Manager.
3. V.K. Singla, Branch Manager, The New India Insurance Co. Ltd. Branch near Khalsa Petrol Pump, opposite Grain Market, G.T.Road, Khanna, Tehsil Khanna, District Ludhiana.
4. Stan Wheels Pvt. Ltd. G.T. Road, near G.P.S. College, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib through its Authorized Signatory.

…..Opposite Parties

 

Complaint Under Sections 12 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                                                                                                                                                      Smt. Veena Chahal, Member                                                                                                                                                                 Sh. Amar Bhushan Aggarwal, Member

 

Present :    Sh.M.S.Salana, Adv. Cl. for the complainant                                                                                                                                                    Sh. Pt. Narinder Kumar, Adv. Cl. for OPs No.1 to 3.                                                                                                                                    Opposite party No.4 exparte.

                

ORDER

By Sh. Ajit Pal Singh Rajput, President.

                 Complainant, Raj Kumar, son of Sh. Ganga Ram, resident of House No.348, Sector 2-B, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.              The complainant purchased a Maruti 800 A.C. Car of white colour, bearing engine No. 4274518, Chassis No.2808102 and registration No.PB-23J-9719 from the opposite party No.4 and got insured the same with OPs vide policy No.400410728, which was valid from 28.07.2011 to 27.07.2012, by depositing Rs.5784/- as insurance premium.  Unfortunately, the car in question was stolen on 25.07.2012 from opposite Shiva Kanda, Amloh Road, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib. The complainant immediately informed the police of P.S.Mandi Gobindgarh as well as the opposite parties regarding the theft of the car in question and FIR No.79 dated 21.03.2013 under Section 379 IPC was lodged by the police. The car in question could not be traced and untraced report was submitted by the police before Illaqa Magistrate, Amloh.  The complainant filed the claim with the OPs and also submitted all the documents. The complainant many times visited in the offices of OPs and requested them to release the claim but the OPs rejected the claim on flimsy grounds, vide letter dated 02.05.2014, which amounts to deficiency in service on the part of the OPs. Hence, this complaint for giving directions to the OPs to pay the claim amount of Rs. 1,73,878/- and to pay Rs.1,20,000/-, as damages/compensation for mental agony and harassment suffered by the complainant.

3.              The complaint is contested by opposite parties No.1 to 3, who filed joint written reply. In reply to the complaint the OPs admitted that the car in question was insured with them but they denied the other allegations made in the complaint. The OPs submitted that the complainant informed them, vide letter dated 11.07.2013, regarding the alleged theft took place on 25.07.2012. Therefore, the complainant did not give the information in time and even the FIR was lodged on 21.03.2013 about eight months after the alleged theft of the vehicle. There is unexplained delay in lodging FIR and giving information to the OPs. Hence, the claim of the complainant was rightly rejected as per the terms and conditions of the policy and there is no deficiency in service or unfair trade practice on the part of the opposite parties. Accordingly, they prayed for dismissal of the complaint.

4.              Notice of this complaint was sent to OP No.4 but he choose not to appear to contest this complaint. Hence, he was proceeded against exparte.

5.              In order to prove the case, the complainant tendered in evidence attested copy of policy Ex. C-1,  copy of FIR Ex. C-2, copy of RC Ex. C-3, attested copy of statement Ex. C-4, attested copy of order dated 23.11.2013 Ex. C-5, copy of letter dated 02.05.2014 Ex. C-6 and his affidavit Ex. C-7 and closed the evidence. In rebuttal the opposite parties tendered in evidence affidavit of Anil Chawla, Mananger, as Ex. OP-1, copy of letter dated 02.05.2013 Ex. OP-2, copy of claim form Ex. OP-3 and closed the evidence.

6.              The learned counsel for  opposite parties No. 1 to 3 has submitted that the claim of the complainant has been rightly repudiated, as there is a delay of 11 months in filing the intimation and the present complaint is liable to be dismissed. In support of this contention he has relied on the judgment of Hon’ble Supreme Court of India in a case titled as Silversons Vs. Oriental Insurance Company Ltd. & Anr. in IV(2011) CPJ 9(SC), wherein the Hon’ble National Commission in para No.6 has interpreted and observed and the same is reproduced, “ Prompt notice in our view will mean immediately informing the insurer which normally we have seen is done within 24 hours. It could be extended to 48 to 72 hours but in no case extended to three months. Non-sending of any ‘prompt notice’ to the insurers is a clear case of violation of terms/clauses of the policy by the insured/complainant, thus depriving them of an opportunity to ascertain the full facts and to safeguard its interest”.

7.              On the other hand the learned counsel for the complainant has objected the same and has stated that the said judgment is not applicable to the facts and circumstances of the present case.

8.              After going through the pleadings and evidence and submissions of the ld. counsel for the parties, we find that there is force in the submissions of the ld. counsel for OPs No.1 to 3. In view of the judgment supplied by the counsel for the OPs  No.1 to 3 in the case of  Silversons Vs. Oriental Insurance Company Ltd. & Anr(Supra), the present complaint is not sustainable as there is delay of more than 11 months in filing the intimation to OPs No.1 to 3 and the OPs have rightly repudiated the claim of the complainant, vide repudiation letter dated 02.05.2014 Ex. C-6. Accordingly, the present complaint is disposed off with liberty to the complainant to approach the appropriate Court of law in case he is entitled to the same.

9.              The arguments on the complaint were heard on 25.05.2015 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

 Pronounced                                                                                                                                                                            Dated:29.05.2015

                                                     (A.P.S.Rajput)                                                                                                                    President

 

                                                 (Veena Chahal)                                                                                                                       Member

 

                                                           (A. B. Aggarwal)                                                                                                                               Member