.

   CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

    Case No.272/2022

NEW RAJDHANI LOGISTICS PVT. LTD.

THROUGH ITS DIRECTOR

HAVING OFFICE AT:

SHOP NO. 3&6, NEAR MODI MILL, BEHIND LUXUR PEN

FACTORY, OKHLA ESTATE, PHASE III,

NEW DELHI 110020                                                     …..COMPLAINANT

Vs.   

1. THE REGIONAL MANAGER,

SERVICE CENTRE (DRO-1),

ORIENTAL INSURANCE COMPANY LIMITED,

HANSALAYA BUILDING, 15,

BARA KHAMBA ROAD,

CANAUGHT PLACE, NEW DELHI 110001         .…..RESPONDENT NO.1

2. THE ORIENTAL INSURANCE COMPANY LIMITED,

THROUGH MANAGING DIRECTOR,

REGISTERED OFFICE,

A-57/27, ORIENTAL HOUSE, ASAF ALI ROAD,

NEW DELHI – 110002                                                     .…..RESPONDENT No.2

Date of Institution-20.09.2022

Date of Order- 26.07.2024

  O R D E R

DR. RAJENDER DHAR-MEMBER

1. The complaint pertains to deficiency in service and unfair trade practice on the part of OP.
2. Brief facts as stated in the complaint are that complainant is a Private Limited Company registered under the Indian Company Act 2013 having its registered office at new Rajdhani Logistics Pvt. Ltd., Shop No.3&6, Near Modi Mill, Okhla Estate, Phase III, New Delhi 110020 and is engaged in the business of transportation of goods to all over India for its valued Customers. The copy of the Resolution annexed as Annexure C–1.
3. OP1 and OP2 are in the business of providing insurance covered/motor insurance policy for various goods to its customers meant for vehicle owners to protect them from incurring any financial losses that may arise due to damage or theft of the vehicle.
4. Complainant is the owner of the vehicle Eicher Canter bearing its registration no. UP16 DT 5071, Chasis No. MC2B8FRC0GA330616, Engine No. E413CDFM060679 Model 2016. The copy of the RC is annexed as Annexure C-2.                                                  
5. The said vehicle was insured for an amount of Rs.5,70,000/- and annual premium paid by the complainant was Rs.35,542/- which was paid on 10.02.2020 to OP1. Copy of insurance policy is annexed as Annexure C-3.
6. It is further stated by the complainant that on 13.03.2020, the said vehicle was driven by Mr. Manoj Kumar, driver of the complainant. The vehicle was returning after delivery to M/s Future Company at Kashipur, Kichha.
7. The driver of the complainant driving the vehicle went to see his sick wife at village Galand and parked the above said vehicle in front of shop of Mr. Tilak Kaushik at 9PM on 14.03.2020 at 6AM the driver Mr. Manoj Kumar found that the vehicle was missing from parking place. The driver informed the complainant and also informed the Police Control Room regarding theft of the vehicle. Copy of call record on 100 number PCR is annexed as Annexure C-4.
8. FIR no. 0112 dated 16.03.2020 under Section 379 IPC was registered in the police station Pilakhuwa, distt. Hapur (Uttar Pradesh). Copy of the FIR has been annexed as Annexure C-5.
9. Complainant has further stated that immediately thereafter, he informed the OP at their Delhi office by personally visiting, he was advised by OP1 to wait for the police to carry out the investigation. Police station Pilakhuwa investigated the theft case but neither the vehicle could be traced nor the thieves could be arrested and finally police submitted untraced report under Section 173 Cr. P.C. dated 28.01.2021 before the Court of Shri Indra Jeet Singh, Chief Judicial Magistrate, Hapur on 12.04.2021 and the final report was accepted by the Hon’ble Court in Criminal case No.112/2020. Copy of the final report and copy of the order dated 12.04.2021 are annexed as Annexure C-6 and Annexure C-7.
10. The complainant has filed/deposited the claim form of the said vehicle i.e. R.C., Driving License of the driver, copy of the tax invoice of the vehicle stolen, authorisation certificate of N.P. (Goods), Insurance policy, copy of FIR, Final report/ Untraced report along with order dated 12.04.2021 passed by Hon’ble Chief Judicial Magistrate, Hapur in the office of OP1. These are annexed as Annexure C-8 (Colly).
11. It is stated by the complainant that the OP assured him that they will process the claim and release insured amount of Rs.5,70,000/- very soon. However, the same was not done. The complainant approached the OP time and again for making payment of the claimed amount emails dated 10.01.2022, 16.02.2022 and 17.02.2022 were also sent by complainant to OP1. OP1 informed that they have further forwarded the documents of the complainant to OP2 i.e. their head office to settle the claim in the month of March 2022 but to no effect copies of emails dated 10.01.2022, 16.02.2022 and 17.02.2022 have been annexed as Annexure C-9 (Colly).
12. Complainant again sent email dated 07.04.2022 and letter dated 12.04.2022 to OP with a request to settle the claim. These have been annexed as Annexure C-10 (Colly).
13. However, to the surprise of the complainant the OP sent a pre repudiation letter dated 07.04.2022. The said pre repudiation letter states that the keys of the vehicle given by the complainant were forfeited from forensic and it has been found that there is dissimilarity in the cutting pattern of grooves of both the keys. Hence, both the keys are of different locks on the basis of this i.e. hiding of material facts the claim has been pre repudiated.
14. Complainant has further stated that against the letter dated 07.04.2022 issued by the OP they have replied to the said letter vide their letter dated 06.05.2022 stating that they have submitted the original keys in the office of OP1 vide their letter dated 03.03.2022 duly acknowledged by OP1 and vide receipt dated 03.03.2022. No letter dated 07.04.2024 has been filed by complainant. Copy of the acknowledgment of receipt of original keys is annexed as Annexure C-11 and copy of the reply dated 06.05.2022 of the letter dated 07.04.2022 is annexed as Annexure C-12.
15. Complainant has further stated that he contacted the OPs repeatedly for settling his claim but to no effect and he also wrote a letter dated 22.06.2022 regarding the same but no reply was received. Therefore, complainant presumed that his claim has been repudiated. Copy of the repudiated letter 22.06.2022 is annexed as Annexure C-13.
16. Notice dated 12.04.2022 was sent by the complainant to the OP and inspite of receiving the same no reply was sent to the complainant by the OP. Copy of legal notice along with postal receipt and track report is annexed as Annexure C-14 (Colly).
17. Complainant has further stated that no queries were raised by OP with regard to keys. However, suddenly after lapse of one year OP1 started raising the issue of keys which shows the clear intention of OP1 not to settle the claim. Complainant repeatedly visited the office of OP1 and never was he asked about the issue of keys. Therefore, the conduct to OPs is intentionally bad and amounts to deficiency in service and unfair trade practice despite the fact that theft related all documents in the custody of the OPs including order issued by Hon’ble Chief Judicial Magistrate, Hapur. OP1 has deliberately made false allegations with regard to issue of key so that the complainant is deprived of his claim. This is arbitratory and illegal.
18. The repudiation of the claim is totally false, bogus, fictitious and on flimsy grounds. Cause of action arose when the legal notice dated 18.08.2022 was sent to OP but no reply was received from their side. In the end the complainant has prayed that OP be directed to make payment of Rs.5,70,000/- along with interest @24% from the date of incident till realization, an amount of Rs.2,00,000/- for causing mental agony, harassment on the part of OP1 and OP2 and Rs.75,000/- towards cost of litigation.
19. Notice was issue to OPs. OP1 was served on 04.03.2023 and OP2 was served on 06.03.2023 as per the track report available in the case file. Despite delivery of notice to both the OPs, they preferred not to appear to defend their case. Hence, OP1 and OP2 were proceeded Ex-parte vide order dated 11.08.2023.
20. Complainant has filed ex-parte evidence by way of an affidavit and has exhibited the following documents:

1. Copy of Resolution is exhibited as Exh-CW-1.
2. Copy of RC is exhibited as Exh-CW-2.
3. Copy of the Insurance Policy is exhibited as Exh-CW-3.
4. Copy of call record on 112 Number PCR is exhibited as Exh-CW-4.
5. Copy of the FIR is exhibited as Exh-CW-5.
6. Copy of the final report is exhibited as Exh-CW-6.
7. Copy of order dated 12.04.2021 is exhibited as Exh-CW-7.
8. Copy of the claim form is exhibited as Exh-CW-8.
9. Copy of the driving license is exhibited as Exh-CW-9.
10. Copy of the tax invoice of the vehicle stolen is exhibited as Exh-CW-10.
11. Copy of the National permit is exhibited as Exh-CW-11.
12. Copy of the authorisation certificate of N.P. (Goods) is exhibited as Exh-CW-12.
13. Copy of the tax receipt is exhibited as Exh-CW-13.
14. Copies of emails are exhibited as Exh-CW-14 to Exh-CW-17.
15. Copies of the letters are exhibited as Exh-CW-18 and Exh-CW-19.
16. Coy of the acknowledgment of receipt of original keys is exhibited as Exh-CW-20.
17. Copy of the reply is exhibited as Exh-CW-21.
18. Copy of letter is exhibited as Exh-CW-22.
19. Copy of the legal notice, the postal receipt and the track report are exhibited as Exh-CW-23 to Exh-CW-26.

21. Complainant has filed written submissions and has reiterated the contents of the complaint.
22. The Commission has perused the contents of the complaint, documents filed as evidence and duly exhibited by the complainant and the written submissions. It is a fact that vehicle bearing registration no. UP16 DT 5071, Chasis No. MC2B8FRC0GA330616, Engine No. E413CDFM060679 Model 2016 was duly insured with OP for an amount of Rs.5,70,000/- for which Rs.35,542/- was paid as annual premium by the complainant to OP. It is also a fact supported by police complaint, FIR and untraceable report filed by police authorities in the Court of Hon’ble Shri Indra Jeet Singh, Chief Judicial Magistrate, Hapur on 12.04.2021 that the said vehicle was parked at 9PM on 14.03.2020 at 6AM the driver Mr. Manoj Kumar found that the vehicle was missing from parking place. Complaint was made to police authorities on 100 number PCR. FIR no. 0112 dated 16.03.2020 under Section 379 IPC was registered in the police station Pilakhuwa, distt. Hapur (Uttar Pradesh). It is also seen that various communication from complainant side to OPs but OP have not replied to the complainant as OP was expected as service provider. Untraced report along with the order dated 12.04.2021 was passed by Hon’ble Chief Judicial Magistrate, Hapur which is placed on record by the complainant. Despite assurance by the OP to the complainant that they will release insurance amount of Rs.5,70,000/- soon but nothing was done. Complainant approached the OP time and again with a request to settle the claim, various emails dated 10.01.2022, 16.02.2022 and 17.02.2022 were also sent by complainant to OP1 but OP1 simply informed the complainant that they have further forwarded the documents to OP2 for settling the claim in the month of March 2022. Copies of email sent have also been placed on record by the complainant. It is also seen from the insurance cover policy issued by insurance company i.e. OP that the vehicle IDV value is Rs.5,70,000/-.
23. Hence, it is seen that complainant has vigorously followed the issue of settling the claim with OP. The incident of theft pertains to the period 2020. Complainant has also placed on record that he has submitted the keys of the vehicle to OP and have also submitted all the necessary documents wherein the keys of the vehicle were duly handed over to the OP against a receipt dated 03.03.2022 acknowledgement and copies of letters have also been placed on record by the complainant. Once again, complainant followed up with OP with a request to settle the claim but to no avail. Legal notice dated 12.04.2022 was also sent by the complainant to OP but same was not replied. It is also noticed with surprise that the OP after lapse of one year has racked up the issue of keys and prior to that the OP has never intimated the complainant about the issue of keys. It appears that OP despite having the custody of all necessary documents i.e. keys of the vehicle/ RC of the vehicle, copy of insurance policy, copy of police report, copy of FIR dated 16.03.2020, copy of untraced report, copy of driving license, copy of tax invoice of payment of annual premium, copy of national permit, copy of tax receipts, acknowledgment receipts regarding keys which have been filed and exhibited by the complainant in his evidence. Despite all these documents the OP has come up with a flimsy excuse after lapse of one year of the issue of keys. The conduct of OP itself clearly establishes the wrong intentions right from the beginning not to settle the claim of the vehicle which was stolen and they have never in the past taken of the issue of keys with the complainant, perhaps it seems that only with a view not to settle the claim, they have issued letter dated 22.06.2022 which is pre-repudiation letter that too after lapse of one year.
24. Hence OP is deficient in service and also has indulged in unfair trade practice against the complainant. Therefore, ends of justice would be served and following directions are passed against OP:

1. OP is directed to pay Rs.5,70,000/- as IDV value of the insured vehicle within one month from the date of issuance of this order failing which this amount shall carry interest @6% per annum from the date of filing of the claim till its realization.
2. Pay Rs.50,000/- as compensation for causing mental agony and harassment to the complainant.
3. Pay Rs.10,000/- towards litigation expenses.

25. Order to be uploaded and to be complied with within 30 days from the date of the order. File consigned to record room.