Delhi

East Delhi

CC/281/2014

ANJU - Complainant(s)

Versus

UNITED INDIA INS - Opp.Party(s)

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  281/14

 

Mrs. Anju Sharma

R/o 1/5492, Gali No. 16

Balbir Nagar Extension

Shahdara, Delhi – 110 032                                          ….Complainant

 

Vs.

 

M/s. United India Insurance Co. Ltd.

Through its Manager/AR

C-1, Main Road, Kanti Nagar

Delhi – 110 051                                                              …Opponent

 

Date of Institution: 20.03.2014

Judgement Reserved on : 13.02.2018

Judgement Passed on: 21.02.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

           

            This complaint has been filed by Smt. Anju Sharma against          M/s. United India Insurance Co. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

 

2.         The facts in brief are that the complainant Smt. Anju Sharma got insured her Maruti Esteem Car bearing no, DL-07 CH-0566 from M/s. United India Insurance Co. Ltd. (OP) vide policy no. 040281/131/12/01/00019709 for the period from 12.11.2012 to 11.11.2013. 

            It was stated that on 04.02.2013, the car of the complainant was stolen at Indirapuram, Ghaziabad, UP and FIR No. 223/2013 was registered at P.S. Indirapuram.  Concerned IO/Police officials of P.S. Indirapuram submitted Untraceable Report before the concerned court on 28.03.2013.  Complainant completed all the formalities of claim of the stolen car with OP, but OP failed to provide the claim to the complainant.

            It was further stated that the complainant sent a legal notice on 07.11.2013 which was duly served on 11.11.2013.  In reference to legal notice, OP given a baseless, false, frivolous and concocted reply on 15.11.2013, but the claim was not paid to the complainant.  Due to the illegal act of OP, the complainant has faced great mental and physical agony.  Hence, the complainant has prayed for directions to OP to pass the insurance claim of the complainant; Rs. 50,000/- towards mental agony and harassment and Rs. 21,000/- as cost of litigation. 

3.         In the WS, filed on behalf of United India Insurance Co. Ltd. (OP), they have taken various pleas such as the alleged claim was not maintainable due to violation of the provisions of laws applicable and rules and regulations of Motor Vehicles Act 1988 and breach of conditions of the policy. 

            It was stated that the complainant did not endorse the CNG kit in the Registration Certificate of the vehicle which was a mandatory provision under the provisions of Section 52 of Motor Vehicles Act 1988 and also breach of terms and conditions of policy.  Hence, the insurance company had repudiated the said claim. 

            It was also stated that OP had replied to the legal notice vide its reply dated 15.11.2013 and narrated the reason.  Other facts have also been denied.   

4.         The complainant has filed rejoinder to the WS of OP, wherein she has controverted the pleas taken in the WS and reasserted her pleas. 

5.         In support of its complaint, complainant have examined herself.  She has deposed on affidavit.  She has narrated the facts which have been stated in the complaint.  She has got exhibited documents such as affidavit (CW-1), copy of FIR no. 223/2013 (CW-1/A colly.), copy of untraced report (CW-1/2 colly.), copy of legal notice alongwith postal receipts (CW-1/C, 1/D and 1/E), copy of reply of legal notice (CW-1/F), copy of letter from insurance company (CW-1/G), copy of RC of car (CW-1/H), copy of Pan Card and Ration card (CW-1/I and 1/J). 

            In defence, United India Insurance Co. Ltd. (OP) have examined  Shri Gyan Prakash, Administrative Office of OP, who have also deposed on affidavit.  He has also narrated the facts which have been stated in the Written Statement.  He has also got exhibited documents such as copy of policy (Annex.RW-1/1), copy of pollution under control certificate (Annex.RW-1/2), copy of quick intimation form  and copy of concerned condition (Annex.RW-1/3 and 1/4), copy of R.C. of the insured vehicle (Annex.RW-1/5), copy of repudiation letter dated 03.09.2013 (Annex.RW-1/6) and photo of CNG kit (Annex.RW-1/7). 

5.         We have heard Ld. Counsel for United India Insurance Company Ltd. (OP) and have perused the material placed on record as none has appeared on behalf of the complainant to argue.  It has been argued on behalf of M/s. United India Insurance Company Ltd. (OP) that the complainant did not endorse in the RC with respect to CNG kit fitted in the vehicle which amounts to violation of the policy terms and conditions.  This is the only argument which has been advanced on behalf of counsel for OP. 

            No doubt, the complainant should have informed in respect of having the CNG kit fitted in the vehicle, but the fact remains that the vehicle has been stolen.  When the vehicle has been stolen whether it was fitted with CNG kit or not, it does not make any difference. 

            The complainant has placed on record all the evidence in respect of having the vehicle stolen.  He has filed untraced report Ex.CW-1/B.  The fact that vehicle has been stolen and the claim of the complainant has been rejected only on the ground of non registration of CNG kit in the RC, this ground of rejection cannot be justified one.  Therefore, by repudiating the claim only on this ground amounts to deficiency on the part of OP.  Thus, the complainant has been entitled for the claim amount.  Therefore, OP is directed to settle the claim of the complainant on non standard basis by paying 75% of the IDV i.e. Rs. 2,06,750/- alongwith interest @ 9% from the date of filing the complaint till realization.  Further, we award compensation of Rs. 25,000/- which includes the cost of litigation. 

            The order be complied within 60 days from the date of order.  If not complied, the amount of compensation of Rs. 25,000/- shall also carry 9% interest from the date of order.   

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

 

            (SUKHDEV SINGH)

             President