Haryana

Bhiwani

CC/89/2021

Nilesh - Complainant(s)

Versus

UIIC - Opp.Party(s)

Dr. Sudhir Kumar

20 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 89 of 2021

                                                                Date of Institution    : 23.04.2021

                                                                Date of decision:      : 20.10.2023

 

Nilesh Aggarwal aged 24 years son of Shri Sanjay Kumar, resident of House near Telephone Exchange, Siwani Road, Tosham, District Bhiwani.

                                                            ...Complainant. 

 

                                                    Vs.

1. M/s United India Insurance Co. Ltd, Registered and Head Office at 24, Whites Road, Chennai (Tamil Nadu), through its Managing Director/authorized person.

 

2. M/s United India Insurance Co. Ltd., Divisional Office-1, Plot No.4, 2^nd Floor, Opposite PLA Shopping Centre, Mall Road, Hisar through its Divisional Manager/Authorized person.

 

3. M/s United India Insurance Co. Ltd, Branch Office at 323/18, 1^st Floor, Ambedkar Chowk, near Adrsh Cinema, Hansi, Tehsil Hansi, District Hisar (Haryana) through its Branch Manager/Authorized Person; and Opposite Parties No. 1 & 2 through OP no. 3.

                                                                      ...Opposite parties.

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

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

                    Hon’ble Ms. Shashi Kiran Panwar, Member.

Present:        Dr. Sudhir Kumar Moudgal, Advocate for the complainant.

                    Sh. Mukesh Jangra, Advocate for OPs.

 

                                                  ORDER

 

SMT. SAROJ BALA, PRESIDING MEMBER:

1.                 Brief facts of the case as per complainant are that the complainant is registered owner of the vehicle bearing registration no.HR-61-D-8906, Chasis No.MAT466457J5C06171, Engine No.81B84458916, vehicle make and model: Tata Motors/TATA 3118 TC, Date of Registration 09.08.2018.  It is alleged that the complainant has purchased General Insurance Policy no.1104083119P102921272 commencing from dated 20.06.2019 to midnight 19.06.2020 from OP no. 3. The complainant has paid the premium amount of Rs.52,723/- towards payment of premium of abovementioned insurance policy.  On dated 19.09.2019 in the night the abovesaid vehicle of complainant was stolen from Village Tosham and in this regard, FIR no. 448 dated 21.09.2019 was lodged before Police Station Tosham.

2.                 It is alleged that after applying all efforts the police could not trace the abovesaid stolen vehicle and on dated 05.03.2020 the police has prepared untraced report regarding the said stolen vehicle. The complainant filed an application before Ld. Court of Shri Jogender Singh, SDJM, Tosham for seeking issuance of direction to the police station Tosham to file the status report.  The complainant had requested to the OPs to compensate him against the loss suffered by complainant due to the theft of the above detailed insured vehicle and as such the OPs are liable to compensate the losses occurred to complainant according to the terms and conditions of the above insurance policy. It is alleged that at the time of selling the above General Insurance Policy the OP no. 3 had attracted complainant by way of showing so many lucrative and attractive benefits and the OPs denied the claim of complainant without assigning any justified reason.  It is alleged that on dated 19.09.2019 when the vehicle has been stolen, the Road Permit issued in respect of the above vehicle was fully valid.  The complainant has paid the amount of Rs.52,723/- towards premium to OPs and abided by all terms and conditions of the abovesaid policy and as such the complainant is entitled to receive the benefit i.e. compensation of Rs.23,41,000/-. The complainant had submitted all the relevant documents in the office of the OP no. 3 for claiming his compensation.  The complainant served the legal notice dated 04.02.2021 and reminder on dated 22.03.2021 through his counsel and called upon the OPs to pay the compensation to the complainant to pay a compensation of Rs.23,41,000/- for theft of his vehicle according to the terms and conditions of the insurance policy but the OP no. 1 did not pay any heed to the notice as well as reminder served by the counsel for the complainant.  Hence this complaint and it is prayed that opposite parties may kindly be directed to pay compensation to the tune of Rs.23,41,000/- for theft of his vehicle according to the terms and conditions of the above insurance policy to the complainant alongwith amount of additional compensation to the tune of Rs.5 lakh on account of above harassment and mental sufferings alongwith interest @24% per annum for the delayed period with litigation expenses. 

3.                 After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared and submitted its reply submitting therein that the complainant has neither locus standi nor has any cause of action accrued to the complainant to file and maintain the present complaint.  The complainant has not come to the Commission with clean hands and suppressed the material facts.  It is submitted that from perusal of FIR no.448 dated 21.09.2019, it can be seen that the said vehicle was parked in one place without any care and as such the said vehicle was stolen.  It is further submitted that respondent company after perusal of the preliminary evidence placed on the claim file sent a registered letter to the complainant on 26.02.2020 seeking various documents and no such complete documents were provided in this regard.  It is submitted that in the meantime lock down was imposed in the country and soon after resuming the work, the OP company sent reminder on dated 2.7.2020, again second reminder was sent on dated 30.7.2020, third reminder was also sent on dated 2.9.2020 in which again final copy and old DL copy were demanded from the complainant.  The complainant had not submit the complete documents despite repeated demands in this regard.  It is submitted that instead of submitting the final report duly accepted by the Hon’ble Court and old driving license of Ravi Kumar Driver, the complainant got issued a false and frivolous notice dated 4.2.2021, which was duly replied by the OP company. It is further submitted that various reminders dated 09.03.2021, 30.03.2021 and 19.04.2021 to submit the invoice copy for Cabin (body of the truck) failing which it shall be presumed that the complainant is not interested in claiming from the respondent company and shall close the file.  The complainant did not cooperate the respondent company by not submitting the documents for settlement of the claim intentionally and deliberately and as such competent authority after applying its judicial mind recommended to close the claim as ‘No Claim’.  The complainant has violated the terms and conditions of the insurance policy and as such the claim lodged by the complainant was duly repudiated as per terms and conditions of the insurance policy. It is submitted that no claim of the stolen vehicle is payable by the respondent company and the complainant is also not entitled to seek compensation of Rs.5 lac on account of harassment and mental suffering etc. from the OP company.  All the other contents of the complaint were stated to be wrong and denied. It is further submitted that there is no deficiency in service on the part of opposite parties and the opposite parties prayed for dismissal of complaint with costs.

4.                 Ld. Counsel for the complainant in his evidence has tendered affidavit Ex. CW-1/A, documents Annexure C-I to Annexure C-X and closed the evidence vide separate statement dated 02.12.2020.

5.                 On the other hand, ld. Counsel for the opposite parties in his evidence has tendered documents Annexure R1 to Annexure R-9 and closed his evidence vide separate statement dated 07.04.2023.

6.                 We have heard learned counsel for the parties and have gone through material aspects of the case very carefully. 

7.                 Perusal of photocopy of registration certificate (Annexure -I) reveals that the complainant is registered owner of the vehicle in question.  Annexure-II & III is the insurance policy qua the vehicle in question for the relevant period of time and IDV of the vehicle is Rs.23,41,000/- Copy of FIR is Annexure-IV which reveals that the vehicle in question was theft on 19.09.2019 and FIR No.0448 dated 21.09.2019 under Section 379 IPC was registered at PS Tosham in this  regard.  Annexure-V is the untraced report accepted by the Court of LD. SDJM, Tosham vide order dated 22.02.2021. Annexure-VI & VII are the copies of receipt of good permit and permit certificate with regard to the vehicle in question. Annexure -IX is a letter dated 30.07.2020 issued by OP insurance company to the complainant and Annexure-X is reply to the said letter of OPs. 7.      

8.                 On perusing the evidence produced by the OP, it is observed that theft of the vehicle in question is not disputed.  Perusal of  documents Annexure R-1 to  Annexure R-7 reveals that the claim of the complainant had been denied by OPs for non-submission of requisite documents by complainant for settlement of the claim intentionally and deliberately. Ex. R-8 proves that the vehicle in question was insured and the complainant is the registered owner of the vehicle in question on the date of theft and the claim to complainant has not been given by the OPs even during the during the course of proceedings of this case. Hence, the OPs is liable to pay the IDV value of the vehicle in question. Since, the Ops failed to redress the grievance of the complainant. The facts mentioned above, prove deficiency in service on the part of OPs.  Ld. counsel for complainant has placed reliance on case law delivered by Hon’ble Supreme Court of India in Civil Appeal No.653 of 2020 titled Gurshinder Singh Vs. Shri Ram General Insurance Co. Ltd. &Anr. decided on 24.01.2020., Civil Appeal No.5705 of 2021 titled Dharmender Vs. United India Insurance Co. Ltd.  & Ors.  The counsel has also placed reliance on case law delivered by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, in Revision Petition No.1984 of 2015 titled United India Insurance Co. Ltd. etc. Vs. Sushil Kumar Godara decided on 11.12.2020.

9.                 After hearing learned counsel for the parties and going through the record, we are of the considered view that complainant is legally entitled for claim of stolen vehicle from OP insurance company since it is not disputed that on the day of occurrence/theft i.e. 19.09.2019 in the night, the vehicle in question was under insurance cover.  On 21.09.2023, complainant made written complaint to the police, upon which, FIR was in the concerned police station. Several efforts were made by the police but the vehicle could not find out, ultimately, untraced report was submitted which was accepted by the Court. Besides it, to prove his ownership qua the vehicle in question, complainant has placed on record copy of registration certificate. So, in view of the above, we hold that after a reasonable gap of theft, complainant had informed the police. Further, the vehicle could not be traced out by police during its investigation as confirmed by the Court vide accepting the untraced report. On an query of the Court, learned counsel for complainant has placed on record a statement of Tata Motors Finance Solutions Limited, as document, which taken on record as Mark-A, shows that the vehicle in question was financed with it and as on date no outstanding is due against the complainant. The case laws (supra) relied upon by the counsel for complainant are much helpful to the present case. As such, we are of the view that the documents placed on record by complainant are sufficient to release the claim of stolen vehicle. Accordingly the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within fourty days from the communication of this order:-

(i)       To pay a sum of Rs.23,41,000/- (Rs. Twenty three lac fourty one thousand) as IDV, to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till its realization subject to execution of letter of Subrogation in favour of OP Company and furnishing of affidavit & all other relevant documents qua transfer of vehicle in question in favour of OP Insurance Company by the complainant within 15 days from the date of communication of this order.

(ii)      Also to pay a sum of Rs.10,000/- (Rs. Ten thousand) on account of harassment  caused to the complainant at the hands of Ops.

(iii)     Also to pay a sum of Rs.11,000/- (Rs. Eleven thousand) on account of litigation expenses.

                    Further the award in question/directions issued above must be complied with by the OPs within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced.

Dated:20.10.2023.

 

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)       

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani. 

 

 

Present:        Dr. Sudhir Kumar Moudgal, Advocate for the complainant.

                    Sh. Mukesh Jangra, Advocate for OPs.

 

                    Arguments heard. Vide order passed today separately, this complaint has been allowed. Copy of the order be supplied to parties, free of costs, as per rules. File after due compliance be consigned to the record room, as per rules. 

Dated: 20.10.2023.

                           Member                       Presiding Member

                                                                                  DCDRC, Bhiwani