BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 201 of 2021.
Date of Institution : 06.09.2021.
Date of Decision : 08.10.2024.
Saroj Gupta aged about 64 years wife of Sh. Suresh Kumar, resident of 20-SCF-2nd Additional Mandi, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
United India Insurance Company Limited, Shop No. 75, First Floor, Anaj Mandi, Fatehabad- 125055, Haryana through its Branch Manager.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Ms. Sonam Goyal, Advocate for complainant.
Sh. Uday Pal Bishnoi, Advocate for opposite party.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to OP).
2. In brief, the case of complainant is that complainant purchased the vehicle Toyota Car Innova bearing registration No. HR-24U-0052 in the year 2014 and same was insured with the op for total value of Rs.8,70,000/- for the period 04.01.2019 to 03.01.2020 vide policy bearing No. 1119003117P114069132 and complainant paid insurance premium of Rs.25,464/- to the op. That in the intervening night of 01/02.10.2019 the vehicle of complainant was stolen from Additional Mandi, Sirsa and a case bearing FIR No. 643 dated 02.10.2019 under Section 379 IPC was registered in Police Station City Sirsa and intimation in this regard was also given to op well in time. It is further averred that accused could not be traced out and untraced report was filed in this case by the police in the Court of Illaqa Magistrate, Sirsa on 10.02.2021. The complainant approached to the op and requested to indemnify her claim but on all the occasions the op asked her to wait as process of claims take some time. That thereafter vide letter dated 05.02.2021 the op informed the complainant to provide them some documents alongwith original registration certificate and insurance policy. The required documents i.e. indemnity bond, letter of subrogation, blank signed form no. 29, 30, untraceable report, NCRB report etc. were duly supplied to the op but the original RC and original policy could not be supplied as the same were lying in the stolen vehicle but still the op issued letter dated 01.03.2021 and again demanded same documents from the complainant and it was also informed to her that her claim was approved for the amount of Rs.6,51,100/-. It is further averred that complainant requested the op to pass her claim for total loss of amount because her vehicle was stolen but op did not pay any heed to the request of complainant rather asked her to submit a blank signed voucher i.e. full and final payment receipt to the op to which she did not agree and op vide letter dated 15.03.2021 informed her that her claim is closed and op has taken false ground that complainant has not supplied the documents and is not interested for claim of aforesaid vehicle and file of complainant was closed being No Claim. That complainant further approached the op and requested them to compensate her but op about a week ago flatly refused to admit her genuine claim and in this manner, the op has caused deficiency in service, unnecessary harassment to her and has adopted unfair trade practice. Hence, this complaint.
3. On notice, op appeared and filed written statement taking certain preliminary objections. It is submitted that indemnification of any claim under the policy issued by the op is subject to the compliance of the certain terms and conditions of the policy as provided by the op insurance company and in case of non compliance of any of the condition, the claim of such customer can be repudiated at any stage and such repudiation is always lawful and is binding upon the customer in all the manners. That after lodging of the claim by complainant with the op, she was asked to submit relevant documents and both keys of vehicle for the purpose of accomplishment of her claim but despite repeated asking, he did not submit the required documents and both keys of vehicle with the op which as per terms and conditions of the policy were/ are necessary to be gone into but for the reasons best known to the complainant, the same have not been submitted by her with the op insurance company and in absence of same, her claim was declared as No Claim and op has repudiated the same accordingly and that her claim has rightly been closed being no Claim. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered her affidavit Ex. CW1/A and copies of documents Ex.C1 to Ex.C16.
5. On the other hand, op has tendered documents Ex.R1, Ex.R2 and mark R1 to R9.
6. We have heard learned counsel for the parties and have gone through the case file.
7. The insurance of the vehicle in question with the op for the insured declared value of Rs.8,70,000/- for the period 04.01.2019 to 03.01.2020 and theft of insured vehicle of complainant on 02.10.2019 is not disputed. An FIR bearing No. 643 dated 02.10.2019 for offence under Section 379 IPC was registered in Police Station City Sirsa, the copy of which is placed on file by complainant as Ex.C2. As the vehicle and accused could not be traced out, so police submitted untrace report before the Court which was accepted by learned Chief Judicial Magistrate, Sirsa vide order dated 10.02.2021, the copy of which is also placed on file by complainant as Ex.C4. The complainant has averred that all the documents except original RC and original insurance policy which were in the vehicle at the time of theft have already been submitted by op as per their demand and complainant has also placed on file copies of these documents on the file. The complainant has also placed on file copy of application dated 28.01.2021 moved to the Registration Authority, Sirsa as Ex.C3 vide which it was informed to the Registration Authority, Sirsa that original RC was kept in the vehicle and was stolen alongwith vehicle which is yet untraceable and it was requested not to effect any transfer over the vehicle in favour of any person except insurer i.e. op. So, the demand of op regarding original registration certificate of the vehicle and original insurance policy vide its letters is not justified and copies of the same have already been placed on file by complainant. The complainant could not submit the original of both these documents due to genuine reason as both these documents were in the vehicle at the time of theft. So continuous demand of said documents by the op through various letters, the copies of which have been placed on file by op is wrong, illegal and not justified because all other documents demanded by op through its letters except original RC and policy have already been supplied by op and copies of the same are also placed on file. It cannot be said that complainant has not supplied claim form etc. to the op and as such op has wrongly closed the claim of complainant as No Claim vide letter dated 15.03.2021 and same is hereby set aside. The op was liable to pay the claim amount of Rs.6,51,000/- to the complainant in time which has been approved by op and non payment of said claim amount by op clearly amounts to deficiency in service, unfair trade practice on account of which complainant has suffered unnecessary harassment.
8. In view of our above discussion, we allow the present complaint and direct the opposite party to make payment of Rs.6,51,000/- to the complainant alongwith interest at the rate of @6% per annum from the date of filing of present complaint i.e. 06.09.2021 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the op to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 08.10.2024. District Consumer Disputes
Redressal Commission, Sirsa.
