Tamil Nadu

South Chennai

CC/345/2015

M/s.M.Usha - Complainant(s)

Versus

The United India Insurance Co Ltd - Opp.Party(s)

K.Mahalingam

12 Sep 2017

ORDER

                                                                        Date of Filing :   03.09.2015

                                                                        Date of Order :   12.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.345/2015

      TUESDAY THIS  12^TH   DAY OF SEPTEMBER 2017

Mrs. M. Usha,

W/o. K. Muthu,

No.M-22/11, Moovendhar Apartments,

Muthalamman Koil Street,

West Mambalam,

Chennai 600 033.                                              .. Complainant

                                        ..Vs..

 

The Deputy Manager (Claim Dept.).,

The United India Insurance Co. Ltd.,

Motor Dealers Office,

Divisional Office,

Lakshmi Bhavan 3^rd Floor,

No.609, Anna Salai,

Chennai 600 006.                                              .. Opposite party.  

 

 

Counsel for Complainant       :    M/s. K. Mahalingam.  

Counsel for opposite party    :    M/s. R.Ravichandran.

 

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.4,05,763/- towards claim amount with interest and also to pay a sum of Rs.5,00,000/- towards compensation for mental agony and to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

        The complainant submit that he purchased a Tourist Motor Cab Taxi Tata Indica V2 LS BSHI 2014 model, bearing engine NO.4751DI03EVYP21966, chassis No.MAT 600185ETF06846 bearing registration No.TN 22 CQ 5770 for her livelihood.   The said vehicle was insured with the opposite party for a sum of Rs.4,05,763/- vide policy No.02090031140110014579  dated 31.7.2014.   The complainant further state that  on 18.9.2014 her driver one Mr. Annadurai after finishing duty parked the vehicle below her apartment and again on 21.9.2014 when the driver went to the parking area to take the car for duty he came to know that the car was not there.  Immediately he informed the same to the complainant in turn the complainant lodged a complaint before the Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.  The FIR was registered in Crime NO.2168 of 2014  u/s 379 IPC.     The fact of the theft also duly informed to the opposite party over phone and the opposite party sent their representative of one Mr. Bhaskar who visited the spot and had advised the complainant to file her claim form.   Accordingly the complainant handed over the duly filled claim form to the opposite party.    The investigator  Mr. Bhaskar also promised the complainant that he will give a copy of the claim form after submitting to the opposite party.    On verification from the opposite party office it was known that the said claim form was sent to their Head Office. 

2. As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

3. The brief averments in Written Version of  the opposite party are as follows:

        The opposite party denies each and every allegation except those that are specifically admitted herein.    The opposite party submit that the complainant on 25.9.2014 lodged her claim with the opposite party regarding the alleged missing of her vehicle.   Immediately the opposite party appointed Mr.S.Baskaran, Investigator to gather the details of the subject claim, and report to the opposite party.  Further the opposite party state that the investigator Mr. S.Baskaran also enquired about the complaint lodged by the complainant on 21.9.2014 before the Inspector of Police, Kumaran Nagar Police station and Driver one Annadurai and submitted his report stating that on 18.9.2014 Thursday  the driver  took the vehicle on trip to “Puthiya Thalaimurai”  T.V. Channel’s office and thereafter the vehicle was missing.   The complainant lodged the complaint on evening of 21.9.2014 stating that after the trip on 18.9.2014 the driver Annadurai parked the vehicle before her apartment at 10.00 p.m.  Consequently the “Non- Traceable Certificate” that had been issued cannot be said to have any value at all in the eye of law.    Therefore the repudiation of the claim of the complainant is in order and that they have done the same only after due consideration of all the facts and circumstances and they are not guilty of any deficiency of service and therefore this complaint is liable to be dismissed.

4.     In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A11 marked.  Proof affidavit of opposite party filed and Ex.B1 to Ex.B3  marked on the side of the opposite party.  

5.   The points for the consideration is:  

1. Whether the complainant is entitled to a sum of Rs.4,05,763/- with interest at the rate of 24% p.a. as prayed for?

 

2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony with cost as prayed for ?

 

 

 

 

 

 

6. POINTS 1 & 2:

Heard complainant counsel.Perused the records.the opposite party has not turned up to advance any oral argument.The Learned counsel for the complainant contended that he purchased a Tourist Motor Cab Taxi Tata Indica V2 LS BSHI 2014 model, bearing engine NO.4751DI03EVYP21966, chassis NO.MAT 600185ETF06846 bearing registration No.TN 22 CQ 5770 for her livelihood.The said vehicle was insured with the opposite party for a sum of Rs.4,05,763/- vide policy No.02090031140110014579dated 31.7.2014 as per Ex.A1.The learned counsel for the complainant contended thaton 18.9.2014 her driver one Mr. Annadurai after finishing his duty parked the vehicle below her apartment and again on 21.9.2014 when the driver went to the parking area to take the car for duty he came to know that the car was not there.Immediately he informed the same to the complainant in turn the complainant lodged a complaint before the Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.The FIR was registered in Crime NO.2168 of 2014 fur u/s 379 IPC vide Ex.A4.The fact of theft also duly informed to the opposite party over phone and the opposite party sent their representative one Mr. Bhaskar who visited the spot and had advised the complainant to file her claim form.Accordingly the complainant handed over the duly filled up claim form to the opposite party.The investigatorMr. Bhaskar also promised the complainant that he will give a copy of the claim form after submitting to the opposite party.But till date no copy furnished to the complainant.On verification from the opposite party office it was known that the said claim form was sent to their Head Office.Further the learned counsel for the complainant contended that the opposite party had repudiated the claim on 14.11.2014 as per Ex.A5 and informed the complainant as per Ex.A6.Hence the complainant was constrained to issue legal notice Ex.A7, thereafter the complainant was issued non traceable certificate by the Police on 7.5.2015.As per the terms and conditions of the policy the opposite party insurance company is liable to pay compensation for theft in this case.The contention of the complainant contended that only on the ground of discrepancy with regard to the investigation by the police the opposite party repudiated the claim and neglected to pay compensation.The complainant is claiming a sum of Rs.4,05,763/- towards insured value of the car and a sum of Rs.5,00,000/- towards compensation for mental agony.

7.  

In the result the complaint is allowed in part.The opposite party shall pay a sum of Rs.4,05,763/- (Rupees Four lakhs five thousand seven hundred and sixty three only)towards claim amount and also pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) and cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

                 The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.       

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  12^th   day  of  September 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1- 31.7. 2014          - Copy of Insurance Policy.

Ex.A2- 4.8.2014    - Copy of Vehicle registration certificate.

Ex.A3- 13.8.2014  - Copy of vehicle permit tax card.

Ex.A4- 21.9.2014  - Copy of CSR and FIR.

Ex.A5- 14.11.2014         - Copy of letter of repudiation.

Ex.A6- 5.2.2015    - Copy of letter given by the opposite party.

Ex.A7- 17.3.2015  - Copy of legal notice.

Ex.A8- 18.3.2015  - Copy of Ack. Card.

Ex.A9- 7.5.2015    - Copy of Non Traceable Notice.

Ex.A10- 17.6.2015         - Copy of legal notice

Ex.A11- 18.6.2015         - Copy of Ack. Card.

Opposite party’s side document: -    

Ex.B1-         -       - Copy of claim form.

Ex.B2- 31.10.2014         - Copy of Final investigation report.

Ex.B3- 21.9.2014  - Copy of Police complaint.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.