THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Complaint No. 37-14

Date of Institution : 22.1.2014

Date of Decision : 29.01.2015

Ravi Shanker Singh son of Dr. J.P. Singh, partner of M/s. Shree Dhanwantri Herbals, 396 Green Avenue, Amritsar

...Complainant

Vs.

United India Insurance Co.Ltd having its branch office-V, G.T. Road, Rayya Mandi, Tehsil Baba Bakala District Amritsar through its branch manager/principal officer

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh. Vikram Puri,Adv

For the opposite party : Sh. Naresh Maini,Adv.

Quorum : Sh. Bhupinder Singh, President,

Ms.Kulwant Kaur Bajwa,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Ravi Shanker Singh under the provisions of the Consumer Protection Act alleging therein that he being owner of the laptop Dell Studio 14 got the same insured with the opposite party vide policy No. 200205/46/09/39/00000014 for the period from 12.8.2009 to 11.8.2010 for the insured value of Rs. 49516/-. According to the complainant on 10.6.2010 while the complainant was travelling in Sachkhand Express Train No. 2715 in Coach No. AI

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Seat No. 30, PNR No. 141-1899176 from Bhopal to Amritsar carrying the aforesaid insured laptop, the said laptop was available with the complainant till Panipat and on reaching Karnal, the complainant found his laptop missing and was stolen by some unknown persons. In this regard complainant lodged report No. 66 dated 11.6.2010 with Railway Police Station, Amritsar . As the said laptop was duly insured with the opposite party, complainant intimated the opposite party by submitting all the relevant documents with the opposite party. But inspite of that opposite party closed the file of the complainant vide letter dated 19.12.2011. Thereafter on the request of the complainant the case of the complainant was reopened and opposite party appointed Mr. Rajesh Kapoor as surveyor/investigator to investigate into the matter. The complainant provided all the necessary documents as required . However, the opposite party required the complainant to submit non-traceable certificate of theft of laptop from GRP Police, Karnal which the complainant submitted vide letter dated 20.3.2013 and requested the opposite party to settle the claim. But despite this opposite party failed to settle the claim. The complainant also made various written requests/reminders dated 20.3.2013, 4.4.2013, 5.5.2013, 12.6.2013, 12.7.2013,20.9.2013 and 17.10.2013 but to no avail. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to pay the insurance claim of Rs. 49,516/- alongwith interest . Compensation of Rs. 40000/- alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that complainant has concealed the fact that the alleged laptop has been purchased and used for commercial purpose by M/s. Dhanwantri Herbals, as such the complaint is not maintainable. It was denied that complainant was carrying the alleged laptop with him while travelling. It was denied that complainant lodged the alleged FIR and provided the relevant documents to the opposite party. It was

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submitted that claim of the complainant was closed by the opposite party on 19.12.2011. It was denied that complainant co-operated with the surveyor and provided him the alleged documents alongwith covering letter dated 20.3.2013. It was also denied that complainant made various requests/reminders dated 20.3.2013,4.4.2013, 5.5.2013, 12.6.2013, 12.7.2013, 20.9.2013 and 17.10.2013 to the opposite party. While submitting that claim of the complainant has rightly been denied and while denying and controverting other allegations, dismissal of complaint was prayed.

3 Complainant tendered into evidence insurance policy exbt C-1 alongwith documents exbt.C-2 to C-34 ,affidavit of the complainant exbt.C-35.

4 Opposite party tendered into evidence affidavit of Sh. Surinder Singh, Divisional Manager exbt.OP1, certified copy of the policy exbt.OP2.

5. We have carefully gone through the pleadings of the parties arguments advanced by the ld.counsels for both the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsels for both the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got his laptop DELL Studio 14 insured with the opposite party vide policy No. 200205/46/09/39/00000014 for the period from 12.8.2009 to 11.8.2010 for insured value Rs. 49516/-. The complainant submitted that on 10.6.2010 when he was travelling in Sachkhand Express Train No. 2715 in Coach No. AI seat No. 30, PNR No. 141-1899176 from Bhopal to Amritsar while carrying the aforesaid insured laptop, the laptop was available with the complainnt till Panipat. However , on reaching Karnal the complainant found his laptop missing from his seat and was stolen by some unknown person. The complainant lodged report No. 66 dated 11.6.2010 exbt.C-4 with Railway Police Station ,Amritsar by filing written application exbt.C-5. The

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complainant also sent intimation to the opposite party vide letter dated 12.6.2010 exbt.C-6 with further request to register his claim. The complainant also submitted all the relevant documents with the opposite party. However, opposite party closed the file of the complainant on the pretext that complainant has not submitted the relevant documents vide letter dated 19.12.2011. Thereafter on the request of the complainant, the case of the complainant was reopened and the opposite party appointed Mr. Rajesh Kapoor as surveyor/investigator to investigate into the matter. The complainant provided all the necessary documents/informtion to the said surveyor/investigator. However, the opposite party asked the complainant to submit non-traceable certificate from GRP (Govt.Railway Police ) Karnal because the report was sent by GRP Amritsar to GRP Karnal. The complainant also submitted the non traceable certificate from the police to the opposite party, but the opposite party did not settled the claim of the complainant despite various requests/reminders given by the complainant to the opposite party dated 20.3.2013, 4.4.2013, 5.5.2013, 12.6.2013, 12.7.2013, 20.9.2013 and 17.10.2013. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the complainant.

7 Whereas the case of the opposite party is that there is no deficiency of service on the part of the opposite party. Opposite party denied all the averments of the complainant as narrated in the omplaint. Opposite party however, admitted that the surveyor was appointed but the complainant did not co-operate with the surveyor. Claim of the complainant has been rightly repudiated by the opposite party. Opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.

8 From the entire above discussion, we have come to the conclusion that the laptop DELL Studio 14 of Rs. 49516/- of M/s.Shree Dhanwantri Herbals, 277- East Mohan Nagar, Amritsar of which the complainant is the partner is fully insured 5-

with the opposite party vide policy exbt.OP2 for the period from 12.8.2009 to 11.8.2010. The complainant lost this laptop while travelling from Bhopal to Amritsar as per railway ticket exbt.C-9 on 10.6.2010 in Sachkhand Express Train No. 2715. The said laptop remained in possession of the complainant till Panipat . However, on reaching Karnal, complainant found his laptop was stolen . The complainant lodged complaint with Govt. Railway Police, when reached at Amritsar exbt.C-5 on the basis of which DDR No. 66 dated 11.6.2010 was registered at Govt.Railway Police,Amritsar copy of which is exbt.C-4. Opposite party was also informed by the complainant in this regard vide letter dated 12.6.2010 exbt.C-6. The complainant lodged claim with the opposite party but the file was closed by the opposite party on the ground that complainant did not submit the requisite documents as per letter dated 19.12.2011. Thereafter the complainant made request and the opposite party reopened the case of the complainant and appointed Mr. Rajesh Kapoor as surveyor /investigator to investigate into the matter. The opposite party asked the complainant to submit non-traceable certificate. The complainant submitted non-traceable certificate from Govt.Railway Police , Karnal as the matter was being inspected by the Govt.Railway Police, Karnal and then complainant got non-traceable certificate from Govt.Railway Police , Karnal exbt.C-4. But inspite of that the opposite party did not settle the claim of the complainant despite service of so many reminders i.e. reminder dated 20.3.2013, 4.4.2013, 5.5.2013, 12.6.2013, 12.7.2013, 20.9.2013 and 17.10.2013 exbt.C-25 to C-31. Even the Divisional Manager of the opposite party wrote letter to the Sr.Branch Manager dated 28.10.2013 exbt.C-32 to settle the claim of the complainant. Divisional Manager also wrote letter dated 12.11.2013 again to Sr. Branch Manager to settle the claim of the complainant. But inspite of that the opposite party did not settle the claim of the complainant. All this shows that the complainant has submitted all the relevant documents regarding the loss of his

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laptop which was duly insured with the opposite party vide policy exbt.OP2. Lastly the opposite party demanded non-traceable certificate from the police which was also furnished by the complainant which is exbt.OP3. But inspite of that the opposite party did not settle the claim of the complainant. All this amounts to deficiency of service on the part of the opposite party.

9. Consequently we allow the complaint with costs and the opposite party is directed to pay the insured amount to the complainant i.e. Rs. 49516/- within one month from the date of receipt of copy of orders ; failing which opposite party shall be liable to pay interest @ 9% p.a from the date of filing of the complaint till payment is made to the complainant. Opposite party is also directed to pay litigation expenses Rs. 2000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

10. Case could not be disposed of within the stipulated period due to heavy

pendency of the cases in this Forum.

29.1.2015 ( Bhupinder Singh )

President

/R/ ( Kulwant Kaur Bajwa)

Member