Haryana

Ambala

CC/13/2020

Ankush Singh - Complainant(s)

Versus

United India Insurance Co Ltd - Opp.Party(s)

B.S. Jaspal

23 Apr 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case No.:   13 of 2020.

                                                          Date of Institution  :    06.01.2020.

                                                          Date of decision      :    23.04.2021.

 

Ankush Singh son of Shri Narmail Singh, resident of Village Naditali P.O.Matheri Shekhan, District Ambala.

          ……. Complainant.

                                                Versus

 

United India Insurance Company Limited, Naraingarh, District Ambala through its Branch Manager.

               ….…. Opposite Party.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri B.S.Jaspal, Advocate, counsel for complainant.

OP already exparte vide order dated 04.03.2020.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To pay Rs. 32,000/- i.e. the insured value of Activa Scooter alongwith interest from the date of intimation to OP till realisation.
2. To pay Rs.50,000/- as compensation for the mental agony & physical harassment suffered by him.
3. To pay Rs.11,000/- as cost of litigation.

 

 

Brief facts of the case are that the complainant got insured his Activa Scooter bearing registration No.HR-01-AL-4130 with the OP on 29.09.2018 vide policy No.1101823118P106981762, for the period from 29.08.2018 mid night to 28.08.2019 mid night. It was a comprehensive insurance policy. On 13.04.2019, at about 12:30 AM, the activa scooter of the complainant got stolen from the market outside Karan Enterprises near Zamidara patrol Pump, Ambala City and he tried to trace his activa scooter but failed to trace the same. On 15.04.2019, he filed an application and also got registered an FIR no.156 under Section 379 IPC with the Police Station, Ambala City. Complainant as well as police tried their best to trace the said Activa Scooter but could not trace the same. Complainant intimated the OP regarding the theft of his Scooter vide application dated 15.04.2019 and also furnished the copy of policy and FIR. However, inspite of repeated requests, the OP did not settle the claim of the complainant and under compelling circumstances, complainant has to purchase a new scooter. By not settling the genuine claim of the complainant, the OP has committed deficiency in service. Hence, the present complaint.

2.                 Upon notice, none appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 04.03.2020.

3.                The learned counsel for the complainant tendered affidavit of the complainant as Annexure C-1 alongwith documents as Annexure C-2 to C-6 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for complainant and carefully gone through the case file.

5.                From the policy document C-2, it is evident that the Activa Scooter of the complainant was duly insured with the OP for an insured declared value of Rs.32,000/-, for the period from 29.08.2018 to 28.08.2019. From the First Information Report dated 15.04.2019, it is apparent that said scooter was stolen on 13.04.2019. The complainant contended that vide letter dated 15.04.2019, Annexure C-4, he informed the OP regarding theft of his scooter and requested to settle the claim but the OP did not pay any heed to his genuine request. The aforesaid contention of the complainant has gone unrebutted as the OP failed to appear before this commission and was proceeded against ex-parte vide order dated 04.03.2020. In the case of M/s Jyoti Impex Vs. New India Assurance Company Limited decided on 29.04.2013, the Hon’ble State commission, Mumbai (Maharashtra) has held that as per IRDA (Protection of Policy holders interests) Regulations, 2002 reasonable period within which claim should have been decided by the insurance companies is six months, from the date of claim and if it is not decided within that period by the insurance company, the claim shall be treated as accepted one. In the present case, the OP failed to settle the claim within six months and as such it has violated the IRDA Regulations 2002. Therefore, in view of the law laid down in the case of M/s Jyoti Impex Vs. New India Assurance Company Limited (Supra), we hold that the OP is liable to pay Rs.32,000/- i.e. the insured declared value of the Scooter in question to the complainant alongwith interest. OP is also liable to compensate the complainant for the mental agony and physical harassment caused to the complainant alongwith litigation expenses.  

6.                 In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To pay Rs.32,000/- i.e the IDV of the Scooter in question to the complainant alongwith interest @ 5% per annum, w.e.f 06.01.2020, i.e. date of filing of the complaint, till its realisation. 
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid direction within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 23.04.2021.

 

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)         (Neena Sandhu)

              Member                                  Member                       President