Haryana

Ambala

CC/294/2018

Niru Vadhera - Complainant(s)

Versus

UII Co - Opp.Party(s)

16 May 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        :  294 of 2018

                                                          Date of Institution         :  04.09.2018

                                                          Date of decision   :  16.05.2019

 

 

Niru Vadhera  son of Sh. Mohinder Partap Vadhera resident  of House No.216, Sector- 10, Urban Estate, Ambala City.

 

……. Complainant.

 

                                                          Vs.

 

United India Insurance Co. Ltd Near Government Polytechnic Chowk, Ambala City.

 

….…. Opposite Party

 

  

Complaint Under Section 12 of the Consumer Protection Act

 

 

Coram:       Ms. Neena Sandhu, President.

Ms. Ruby Sharma, Member.

Sh. Vinod Kumar Sharma, Member.

 

                            

Present:       Sh. Ajinder Singh Gulani, Advocate, counsel for complainant.

Sh. R.K.Vig, Advocate, counsel for the OP.

 

 

Order:         Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party(hereinafter referred to as ‘Op’) praying for issuance of  following directions to them:-

1. To pay the insurance amount of the insured vehicle. 
2. To pay of Rs.50,000/- as compensation for mental agony and physical harassment suffered by  the complainant. 
3. To pay Rs.22,000/- as litigation expenses.

Or

any other relief whichthis Hon’ble Forum may deemfit.

 

 

The brief facts of the complaint are that the complainant is the registered owner of vehicle No.HR-01AA-6216, Model 2010, bearing engine no.0676434 Chassis no.8238144. The complainant got the above vehicle insured from the OP vide policy no.1101023116P102589914 valid from 27.05.2016 to 26.05.2017 and paid the premium charges.  The above said vehicle of the complainant was stolen on 19.01.2017, for which matter was reported to the police Post No.3, Ambala City and got registered FIR No.48 dated 03.02.2017, under Section 379 and also informed the OP.  The above said vehicle of the complainant could not be traced out and the police submitted untraced report before the Hon’ble Court of Chief Judicial Magistrate, Ambala and the same was duly accepted by the said court vide its order dated 01.04.2017. After submitting the documents, complainant claimed the insured amount of Rs.15,000/- but the OP failed to make the payment. Complainant visited the office of the OP, several times but all in vain. Complainant sent a legal notice through registered AD to the OP on 06.07.2018 but it did not reply the same. Due to nonpayment of the claim amount by the OP, the complainant has suffered financial loss and mental agony. Hence, the present complaint.

2.               Upon notice OP, appeared through counsel and filed written version raising preliminary objections qua complaint is not maintainable being false & baseless; no cause of action has arisen to the complainant to file a complaint against it. On merits, it is stated that the FIR was registered on 03.02.2017, regarding the theft, which took place on 19.01.2017, and has informed the insurance company about the theft of his vehicle vide application dated 24.10.2017, thereby causing delay of around nine months in informing the insurance company. In condition no.1 of the Policy, it is categorically mentioned that “Notice shall be given in writing to the company immediately upon the occurrence of any accidental loss or damage and in the event of any claim and thereafter the insured shall give all such information and assistance as the company shall require. In case of theft or other criminal act which may be the subject of a claim under this policy the insured shall give immediate notice to the police and co-operate with the company in securing the conviction of the offender”. By informing, the insurance company after a delay of nine months from the date of occurrence of the incident, the complainant has violated the condition no.1 of the policy and as such he is not entitled to get any claim.  Thus, the complaint lacks merits and  deserves dismissal with heavy costs. 

3.               To prove his version complainant tendered affidavit Annexure C/A alongwith documents as Annexure C-1 to C-8 and closed the evidence. On the other hand, Counsel for the OP, tendered affidavits of Sh. Tejinder Singh, Admin. Officer, of insurance company, Annexure OP/A & Sh. Ashok Kapoor, Investigator, Annexure OP/B alongwith documents, Annexure R-1 to R-7 and closed the evidence.

4.                We have heard the learned counsels for the parties and carefully gone through the case file and the case laws given by the learned counsel for the OP.

5.                The learned counsel for the complainant has argued that the duly insured vehicle of the complainant got stolen on 19.01.2017. Complainant got registered an FIR dated 03.02.2017 with Police and also informed the OP about the said incident. He also lodged the claim with OP But till yet OP has not paid any amount to him. The said act of the OP amounts to deficiency in service.

On the contrary, the learned counsel for the OP has argued that as per terms and condition of the policy no amount is payable to the complainant because there is delay of 14 days in lodging the FIR with the police and inordinate delay of 9 months in lodging the claim with the OP, from the date of occurrence of the incidents.

6.                Admittedly the vehicle in question was insured vide policy, Annexure C-1, with the OP for the period from 27.05.2016 to 26.05.2017. It is not disputed that the said vehicle was stolen on 19.1.2017 and the FIR was got registered on 03.02.2017. Meaning thereby there was delay of 14 days in lodging the FIR with the policy from the date of occurrence of incident. From the letter Annexure C-2/OP-1 which was received by the insurance company on 24.10.2017, it is evident that the complainant himself admitted that he forgot to inform the insurance company regarding the occurrence of the incidence. It may be stated here that parties are bound by the terms and conditions of the policy. In the present case, the vehicle was stolen on 19.1.2017 whereas complainant lodged the claim with the insurance company on 24.10.2017 as such there is inordinate delay of nine months. Complainant by not giving the information in the writing to the insurance company, about the incident well within time, has violated the condition no.1 of the terms and conditions of the policy. Therefore, he is not entitled to get any claim. In the case of Oriental Insurance Company Ltd. Vs. Parvesh Chander Chadha decided on 17.8.2010, the Hon’ble Supreme Court dismissed the complaint holding that in terms of the policy issued by the insurance company, the insured was duty bound to inform about the theft of the vehicle immediately, after the incident, delay in intimation deprives the insurance company of its legitimate right to get inquiry conducted into the alleged theft of vehicle and make an endeavor to recover the same. The insurance company could not be saddled with liability to pay the compensation to the insured despite the fact that he has not complied with the terms of the policy.  Further in the case of Reliance General Insurance Company Ltd. Vs. Harbhajan Khaira IV 2016 CPJ 150 (NC), the Hon’ble National Commission has held that it was obligation of the complainant to immediately intimate the insurance company about theft. As per insurance company they were informed about theft almost 90 days after the date of theft. Complainant had not given any explanation highlighting the cause which prevented him from giving intimation immediately after the theft in writing to the insurance company, repudiation justified”.

7.                In view of the aforesaid discussion, we do not find any merits in the present complaint, consequently, we dismiss the same without any order as to costs. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 16.05.2019

 

 

 

          (Vinod Kumar Sharma) (Ruby Sharma)     (Neena Sandhu)

              Member                        Member               President