Delhi

North

CC/39/2020

PRADIP KUMAR MISHRA - Complainant(s)

Versus

UNITED INDIA INSURANCE CO. LTD. - Opp.Party(s)

J.K. SINHA

28 Jun 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No39/2020

In the matter of

Sh.Pradip Kumar Mishra

S/o Sh.Shyam Bihari Mishra

R/o K-17/8, Street No.8, K-Block

Garhi Mendu West Ghonda

Delhi-110053                                                                                  ...Complainant

Versus

United India Insurance Company Ltd.

Through its Branch Manager/Director

Branch office:-

24/15, Bharat Ram Road

Darya Ganj, Delhi-110002

Also at :-

DRO-I, 8^th floor

Kanchanjanga Building

18, Barakhamba Road

New Delhi-110001                                                                        ...Opposite Party

ORDER
28/06/2024

Ms.Harpreet Kaur Charya, Member

Jurisdiction of this commission has been invoked by the complainant Sh. Pradip Kumar Mishra, the complainant against United India Insurance Co. Ltd. as OP with the prayer of directions to OP to pass the claim of Rs.1,03,930/- alongwith interest @12% p.a. from the date of theft till payment;  compensation of Rs.1,00,000/- on account of mental harassment and agony and Rs.50,000/- as litigation expenses.

 

1. Briefly stated the facts of the present complaint are that the complainant was earning his livelihood by plying e-Rickshaw bearing No.DL5ER 6228.  The said e-Rickshaw was insured by OP vide policy No.0417033118P111304009 for a period from 01/12/2018 to 30/11/2019 with IDV of Rs.1,03,930/-.
2. On 27/03/2019, at 10.00 hrs. the e-Rickshaw of the complainant was stolen from the front of MCD flats Gate falling under PS:New Usmanpur, district North East, Delhi.  It has been stated by the complainant that the insured vehicle was locked and certain documents such as original RC, Driving license, permit, Adhaar Card, Voter card, ATM of SBI, Bank Cheque and Badge with some clothes and one house key were also stolen which were lying in the box of the e-Rickshaw.
3. Immediately FIR bearing No.011020/2019 dated 28/03/2019 was registered under section 379 of IPC and OP was also informed.   Surveyor was appointed, who vide letter dated 03/04/2019, asked the complainant to submit certain documents.
4. Untraced report dated 18/07/2019 was issued by Ld.ACMM, North East, Karkardooma Court, Delhi, which was also submitted alongwith other necessary documents and a key of e-Rickshaw at branch office of OP at Daryaganj.  However, no receipt was issued by OP and further some other documents like affidavit etc. were also demanded by OP.  
5. It has been alleged by the complainant that despite submitting all the documents as required by OP the claim was not settled and finally the claim was repudiated vide letter dated 02/08/2019 on the pretext of gross negligence of complainant stating that the complainant had kept the key of the e-Rickshaw in the bag hang at the time of theft.
6. The complainant has stated that even in the complaint lodged at the police station on 27/03/2019 to 29/03/2019 and in the FIR, the complainant has not stated that the key of the e-Rickshaw was lying in the bag hanged in the e-Rickshaw.
7. It has been averred that the OP has intentionally and deliberately rejected the legitimate claim on the baseless ground at its own end without any valid and legal justification.
8. The complainant has annexed the letter of Licensing Authority, vehicle particular issued by Transport Department, GNCT of Delhi, Registration Certificate, Tax invoice,  copy of policy schedule, copy of DD No.7A dated 27/03/2019 with PS:New Usmanpur Delhi, copy of FIR dated 28/03/2019, copy of information report dated 28/03/2019, copy of application to MLO dated 04/04/2019, untraced report dated 08/07/2019, checklist of documents issued by investigator dated 03/04/2019, affidavit of complainant, repudiation letter dated 02/08/2019, mediation/conciliation report dated 20/09/2019, copy of Adhaar Card,  with the complaint.  
9. Notice of the present complaint was issued to OP.  Thereafter Written statement was filed on their behalf. It has been stated by OP that the claim has been repudiated under the terms and condition of the policy issued, complainant has not come to the commission with clean hand.
10. It is admitted that the repudiation letter dated 02/08/2019 was sent by OP.  Surveyor/investigator as per supervision and guidelines of IRDA was appointed and OP is bound to follow the report of the surveyor.
11. It has been submitted that the complainant is trying to cover up his own wrong, as per the statement of the complainant and his neighbour; the complainant had left one key of the insured vehicle in the bag hanging in the insured vehicle itself. Thus, it amounts to breach of Condition No.5 of the policy terms and conditions:-

“The insured shall take all reasonable steps tosafeguard the vehicle from loss or damage and to maintain it in efficient condition andCompany shall have at all time free and full access to examine the vehicle or any part thereof......”

12. Rest of the contents of the complaint have been denied with the prayer for dismissing the complaint with cost.
13. OP has filed the Copy of the repudiation letter dated 02/08/2019 and affidavit of the complainant dated 04/02/2019 has been annexed as Annexure-A, Investigation Report dated 25/07/2019 issued by Sh.Sanchit Sharma, Investigator as Annexure-B, statement of complainant and his neighbour as Annexure-C with the written statement.
14. Rejoinder to the written statement was filed by the complainant.  it has been submitted that the complainant suddenly felt fainting sensation, heavy headed and extreme exhaustion and it was a case of medical emergency.  Even in that situation the complainant was vigilant enough to park the vehicle on the roadside, locked it, took the key out and placed it carefully in the bag. This is even observed by the surveyor.  So, it cannot be considered that the complainant was negligent in taking care of the insured vehicle.   Rest of the contents of the written statement has been denied.
15. Evidence by way of affidavit has been filed by the complainant.  He has reaffirmed the contents of the complaint and has also got exhibited the annexure filed with the complaint.  The evidence affidavit is exhibited as Ex.PW1/1, letter of Licensing Authority as Ex.PW1/2, vehicle particular issued by Transport Department, GNCT of Delhi as Ex.PW1/3, Registration Certificate as Ex.PW1/4, Tax invoice as Ex.PW1/5,  copy of policy schedule as Ex.PW1/6, copy of DD No.7A dated 27/03/2019 with PS:New Usmanpur Delhi as Ex.PW1/7, copy of FIR dated 28/03/2019 as Ex.PW1/8, copy of information report dated 28/03/2019 as Ex.PW1/9, copy of application to MLO dated 04/04/2019 as Ex.PW1/10, untraced report dated 08/07/2019 as Ex.PW1/11, checklist of documents issued by investigator dated 03/04/2019 and affidavit of complainant as Ex.PW1/12, repudiation letter dated 02/08/2019 as Ex.PW1/13, mediation/conciliation report dated 20/09/2019 as Ex.PW1/14, medical report as Ex.PW1/15 and copy of Adhaar Card as Ex.PW1/16.
16. Sh. Rakesh Kumar, Dy. Manager/Authorised representative of OP has been examined on their behalf.  He has repeated the contents of the written statement and has got exhibited the repudiation letter dated 02/08/2019 as Ex.DW1/A; copy of surveyor report as Ex.DW1/B and statement of insured and his neighbour as Ex.DW1/C & as Ex.DW1/E.
17.  We have heard the arguments for the Ld. Counsels for the respective parties and have perused the material placed on record.  The existence of policy and the factum of theft are not in dispute.  The complainant is aggrieved by rejection of his claim vide letter dated 02/08/2019 (Ex.PW1/13 and Ex.DW1/A).  The ground of repudiation is based on violation of Condition No.5 which is:

“The insured shall take all reasonable steps to safeguard the vehicle from loss or damage and to maintain it in efficient condition and Company shall have at all time free and full access to examine the vehicle or any part thereof or any driver or employee of the insured.  In the event damage or loss and if the vehicle be driven before the necessary repairs are effected any extension of the damage or any further damage to the vehicle shall be entirely at the insured’s own risk”

18. As per the surveyor report dated 25/07/2019, Ex.DW1/B, Ex.DW1/C & Ex.DW1/C (statement of complainant and his neighbour), the complainant had kept the key in the bag hanging in the insured vehicle as he was feeling unwell. 
19. Complainant in order to substantiate his averment has filed medical documents of Jag Pravesh Chandra Hospital, Shastri Park (Ex.PW-1/15).  It is seen that the Emergency Registration Card dated 27/03/2019 bears the name of one Sandeep Mishra with address of Bhajanpura, New Delhi, this is not in the name of complainant.  It is not the case of the complainant that he is known by the name of ‘Sandeep’, hence the averment that the complainant was unwell at the time of theft is not supported by this document and  seems to be an afterthought. 
20. Even in the statement of the complainant to the surveyor (Ex.DW1/C), the complainant has stated that he had left the key in the bag hanging in the e-Rickshaw.  This amounts to admission on the part of the complainant.
21. The complainant by leaving the key in the bag which is not locked/secured has failed to take due care of the vehicle.  He is negligent in taking care of the insured vehicle. This amounts to breach of policy terms and conditions.
22. It is settled principle of law that the parties to the contract are bound by the terms and conditions of the contract. Once, the complainant has breached the terms and conditions of the policy, he cannot allege deficiency in services against OP. OP has rightly repudiated the claim.  Hence, the present complaint is dismissed being devoid of merits without order to cost.

Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

(Harpreet Kaur Charya) Member	(Ashwani Kumar Mehta)                          Member   (Divya Jyoti Jaipuriar)           President