Haryana

Bhiwani

CC/95/2020

Bijender Kumar - Complainant(s)

Versus

UIIC - Opp.Party(s)

Rakesh Tanwar

04 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI

 

                                                Complaint Case No. 95 of 2020

                                                Date of Institution: 20.8.2020

                                                Date of Decision: 04.10.2023

 

Bijender Kumar Age 35 years S/o Sh. Umed Singh, Resident of village Bidola, Tehsil Tosham, District Bhiwani

 

                                                        ….Complainant.

Versus

1. United India Insurance Company Limited, registered and head office-24, whites Road, Chennai-600014 through Director.
2. United India Insurance Company Limited, Branch Office Red Cross Bhawan, Mini Zoo Road, Bhiwani through Branch Manager.

 

                                                        …....Respondents/OPs. 

                COMPLAINT UNDER SECTION 35 OF

                THE CONSUMER PROTECTION ACT, 2019.

 

Before: -   Hon’ble Smt. Saroj Bala Bohra, Presiding Member.

Hon’ble Ms. Shashi Kiran Panwar, Member.

 

Present:    Sh. Vikas Panghal, Advocate for complainant.

                Sh. Rajbir Singh, Advocate for OPs.

       

ORDER:  

Saroj Bala Bohra, Presiding Member

1.         Brief facts of the case, as per the complainant are that he is the owner  of a car bearing registration No. HR-22/N 6353 Engine No. AU23267 Chasis No. MAJIZZMRJ1AU23267 and the complainant has insured the above said vehicle from OPs with policy no. 12010031180160011132 valid from 16.11.2018 to 15.11.2019. The prescribed charges were also obtained from the complainant for insuring the above vehicle. On the night of 28.09.2019, the complainant had parked his car outside his house and slept in his house and the next morning on  29.09.2019, the complainant woke up and saw that the car was not there. Perhaps some unknown person had stolen the car. It is alleged that the complainant lodged FIR No. 463 dated 01.10.2019 under Section 379 in Police Station Tosham regarding the theft of his vehicle and the complainant, also  informed OP no.2 about the theft of his vehicle. Since the vehicle of the complainant was stolen during the above insurance period. Therefore, the  complainant had applied to the  OP-insurance company to get the claim of his car. The complainant had completed all the formalities to get the  claim. The abovesaid car could not be recovered  despite making a lot of efforts and the police has also issued an untrace report The complainant has also submitted untrace report  to the insurance company. It is further alleged that the car  has been stolen during the aforesaid insurance period and the insurance company has insured the above car considering the value of the above car as Rs. 2,65,000/-. Therefore, the OPs are bound to pay Rs. 2,65,000/- . The complainant has made many visits to the office of OP no.2 to get the claim for his car  but the complainant has not given the claim of the above mentioned car despite several visits to the office of OP no.2 and OP no.2 vide its letter CLM No./2019 dated 24.01.2020 has refused to give the claim. Hence this complaint and it is prayed that opposite party may kindly be directed to pay the amount of Rs.2,65,000/- (Two Lakh Sixty Five Thousand only) alongwith interest @ 18% p.a. and also to pay Rs.50,000/-(Rupees Fifty Thousand only) as compensation.
2.   In its written statement, the OPs took some preliminary objections regarding locus standi, cause of action and maintainability. On merits, it is submitted that on receiving intimation about the incident of theft of the vehicle insurance company deputed Manoj Kr. Agnihotri Investigator to investigate the matter, who after thorough investigation submitted his report dated 02.12.2019. The investigator observed in his report that it is a gross negligence as vehicle was parked in the street, whereas there is enough space inside the house of complainant to park the insured vehicle in the night time but complainant has not taken necessary steps to safeguard the insured vehicle and left the insured vehicle on the mercy of God. It has further been observed in the investigation that only one key of the vehicle have been provided. The competent authority repudiated the claim of complainant and intimation was sent to the complainant through registered post on 24.01.2020. There is no deficiency in service on the part of the OPs. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3.         Complainant has tendered into evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C8 and closed the evidence vide his separate statement dt. 15.06.2022
4.             Counsel for the OPs has tendered into evidence affidavit Annexure RW1/A and Annexure RW2/A and documents Annexure R1 & Annexure R2 and closed the evidence vide his separate statement dt.29.08.2022.
5.           We have heard the counsel for both the parties and with their able assistance have gone through the case file minutely and carefully.
6.         The counsel for complainant argued that the insurance company is liable to pay the claim as the car was stolen during the insurance period.  The counsel for complainant also argued that the investigator’s report i.e. Annexure R-1 is biased and that the insurance company has failed to provide sufficient evidence to support the allegations of complainant.  The counsel for the complainant also placed on record the judgment of Hon’ble National Commission, New Delhi i.e. Shriram General Insurance Co. Ltd. Versus Mahipal & Anr. and another in Revision Petition No.2172 of 2016.
7.      The insurance company argued that the complainant is not entitled to the claim as the complainant was negligent in parking the car and in providing only one key of the vehicle.  The insurance company also argued that the investigator’s report is unbiased and that the insurance company has provided sufficient evidence to support the allegations of the complainant. 
8.         We have carefully considered the arguments of the parties and the evidence on record.  We find that the insurance company has failed to prove that the complainant was negligent in parking the car or in providing only one key of the vehicle.  The investigator’s report is based on speculation and does not provide any concrete evidence of negligence.
9.         We also find that the insurance company is liable to pay the claim as the car was stolen during the insurance period and the insurance company has not provided any valid reason for repudiating the claim.  Therefore, in view of our above discussion, we allow the present complaint and direct the insurance company to make the payment of 75% of the sum insured i.e. 2,65,000/- to the complainant with interest @ 12% p.a. from the date of filing of the present complaint i.e. 20.8.2020 till its realization and shall also pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5500/- (Rupees five thousand five hundred only) as litigation expenses to the complainant.  Order shall be complied within one month from the date of decision.

                Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.                     

Dated: - 04.10.2023

 

 

                (Shashi Kiran Panwar)          (Saroj Bala Bohra)

                          Member                     Presiding Member,

                                                      District Consumer Disputes

                                                      Redressal Commission, Bhiwani.

 

 

 

Present:    Sh. Vikas Panghal, Advocate for complainant.

                Sh. Rajbir Singh, Advocate for OPs.

 

            Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                 

Dt:04.10.2023      Member.        Presiding Member,

                                                District Consumer Disputes

                                                Redressal Commission, Bhiwani.