THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 653 of 2014 Date of Institution : 10.12.2014
Date of Decision : 13.07.2015
Balwinder Kaur W/o Nirmal Singh R/o VPO Fazilpur, Tehsil Khadoor Sahib, District Tarn Taran
...Complainant
Vs.
The Oriental Insurance Company Ltd., situated at Shri Dwarka Dheesh Complex, Ist Floor, Queens Road Amritsar through its Divisional Manager, Div,-I, Amritsar ....Opp.party
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh.Hansa Singh Gill,Advocate
For the opposite party : Sh.Sandeep Khanna,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Balwinder Kaur under the provisions of the Consumer Protection Act alleging therein that she is the owner of Activa Honda
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Scooter bearing registration No. PB 46 1120 which was insured with the opposite party vide cover note No. 506225 for the period from 2.10.2012 to 1.10.2013. According to the complainant on 21.6.2013 when the daughter of the complainant namely Gursharan Kaur wife of Lakhbir Singh while driving the said Activa Honda Scooter was coming from Rayya to village Fazilpur at about 5.30 p.m she was intercepted by two unidentified persons near village Uppal. They snatched the Honda Activa Scooter from Gursharan Kaur alongwith cash , mobile and ATM card of Gursharan Kaur. The matter was reported to the police chowki at Nagoke vide FIR No. 50 dated 21.6.2013 u/s 382/34 IPC. Complainant also informed the opposite party immediately about the incident and submitted the FIR, NCRB report alongwith other documents in order to settle her claim. Thereafter complainant visited the opposite party several times for the settlement of the claim but to no avail and at last complainant received a letter dated 15.11.2014 vide which opposite party informed the complainant that the claim is not payable in the absence of untraced report of the Court. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to pay a sum of Rs. 47219/- as insured amount . Compensation of Rs. 40000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submittd that as the claim has been repudiated vide letter dated 15.11.2014,
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therefore, no consumer dispute survives . It was submitted that the non-traceable report of the stolen vehicle is required to be accepted by the concerned magistrate as provided under section 173 of Cr.P.C.. The complainant has not filed any document to comply with the aforementioned requirements. As such the complainant is not entitled for any relief. While denying and controverting other allegations, dismissal of complaint was prayed.
3 Complainant tendered into evidence her affidavit Ex.C-1, Insurance cover note Ex.C-2, FIR Ex.C-3, intimation to opposite party Ex.C-4, report of SHO Thana Verowal Ex.C-5, repudiaion letter Ex.C-6, NCRB report Ex.C-7.
4 Opposite party tendered copy of Insurance cover note Ex.OP1, repudiation letter Ex.OP2.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it stands fully proved on record that complainant got his vehicle Honda Activa Scooter bearing registration No. PB-46-1120 insured with the opposite party vide cover note No. 506225 Ex.C-2 for the period from 2.10.2012 to 1.10.2013. On 21.6,.2013 when the daughter of the complainant namely
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Gursharan Kaur wife of Lakhbir Singh while driving the said Activa Honda Scooter was coming from Rayya to village Fazilpur at abou 5.30 p.m she was intercepted by two unidentified persons near village Uppal. They snatched the Honda Activa Scooter from Gursharan Kaur alongwith cash , mobile and ATM card of Gursharan Kaur. The matter was reported to the police at police post Nagoke on the same day on the basis of which FIR No.50 dated 21.6.2013 u/s 382/34 IPC was registered at police station Varowal, copy of which is Ex.C-3. Opposite party was informed immediately vide letter Ex.C-4 which was received by the opposite party on 24.6.2013. The police could not trace out the vehicle and submitted untraced report with the Ilaqa Magistrate as per untraced certificate issued by SHO P.S. Varowal dated 1.11.2014 Ex.C-5. Not only this the office of SSP Tarn Taran vide certificate dated 29.7.2014 Ex.C-7 certified that as per information available with the NCRB, New Delhi till date the vehicle in question is not recovered. The claim was lodged with the opposite party. But the opposite party repudiated the claim of the complainant vide letter dated 15.11.2014 Ex.C-6/Ex.OP2 on the ground that the criminal case is still not filed as untraced and in the absence of untraced report of the court the claim is not payable.
7 From the entire above discussion, we have come to the conclusion that the vehicle of the complainant was fully insured with the opposite party vide cover note Ex.C-2. The said vehicle was snatched by some unidentified persons on
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21.6.2013. The complainant immediately reported the matter to the police. Resultantly FIR No. 50 dated 21.6.2013 Ex.C-3 was registered at P.S. Varowal. Opposite party was also informed immediately by the complainant vide letter Ex.C-4 which was duly received by the opposite party on 24.6.2013. The police could not trace out the said vehicle and they issued untraced certificate and also submitted untraced report with the Ilaqa Magistrate as per the certificate issued by SHO concerned dated 1.11.2014 Ex.C-5. Even as per the NCRB ,New Delhi report Ex.C-7 the said vehicle could not be traced out. Claim was lodged with the opposite party but the opposite party repudiated the claim on the ground that the untraced report has not yet been accepted by the trial court. Opposite party cannot repudiate the claim of the complainant only on the ground that the untraced report filed by the police before the Ilaqa Magistrate has not yet been accepted by the court. The complainant was only bound to inform the police as well as the opposite party immediately regarding the loss of the vehicle and she did so. It has been held by the Hon'ble National Commission in case M/s . Delkon (India) Pvt.Ltd Vs. The Oriental Insurance Company Ltd. III(1993) CPJ 313 (NC) that the complainant cannot be denied his claim on the ground that final police report was not forthcoming. It was further held that when complainant had lodged FIR immediately but has not received the final report from the police, there is no contractual obligation under the policy of insurance for the insured to produce final
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investigation report from the police. The same view has been taken by the Hon'ble Andhra Pradesh State Commission in case New India Assurance Co. Ltd. Vs. Yadvalli Gangadevi 1 (2004) CPJ 263 as well as by the Hon'ble Delhi State Commission in case Ridhi Gupta Vs. National Insurance Co.Ltd III (2008) CPJ 459.
8 Consequently we hold that opposite party has wrongly repudiated the claim of the complainant vide letter Ex.OP2.
9 Resultantly we allow the complaint with costs and the opposite party is directed to pay the insured amount (I.D.V.) to the complainant alongwith interest @ 9% p.a from the date of filing of the complaint till the amount is paid to the complainant subject to execution/furnishing of letter of subrogation, power of attorney in favour of the opposite party and also transfer of RC of the said vehicle in the name of the opposite party. Opposite party is also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Complaint could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
13.7.2015 (Bhupinder Singh)
President
(Anoop Sharma) (Kulwant Kaur Bajwa)
/R/ Member Member
