DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 572 of 2009 Date of Inst: 23.04.2009 Date of Decision:19.08.2010 Sh.Jaswant Rai Verma r/o House No.3209, Sector 44-D, Chandigarh. ---Complainant V E R S U S United India Insurance Company Ltd., through its Divisional Manager, Divisional Office No.III, SCO No.149-150 (First Floor), Sector 8-C, Madhya Marg, Chandigarh ---Opposite Party QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Sh.Jagvir Sharma, Adv. for complainant Sh.Rajesh Sharma, Adv. for OP. --- PER LAKSHMAN SHARMA, PRESIDENT By this order, we are disposing of the following two consumer complaints including the present one as common questions of law and fact are involved in all these cases:- Sr No | C.C. No. | Name of complainants | Name of OPs. | 1. | 572/2009 | Jaswant Rai Verma | United India Assurance Co. Ltd. | 2. | 573/2009 | Jaswant Rai Verma | United India Assurance Co. Ltd. |
2. For the purpose of disposal of these complaints, the facts are gathered from C.C.No.572/2009-Jaswant Rai Verma Versus United India Assurance Co. Ltd. 3. Sh.Jaswant Rai has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to:- i) Pay Rs.13,52,000/- as the value of the vehicle/tipper ii) Pay Rs.50,000/- on account of harassment and mental agony. 4. In brief, the case of the complainant is that he got insured Tipper (bearing registration No.HP-12-C-506) from OP-1. On 25.04.2008, the said tipper was stolen from a place adjoining Malhotra Marble at Kirpalpur. The complainant intimated the police regarding the theft. So entry in daily station diary (No.21(A) was made on 04.05.2008 with Police Station Nalagarh regarding theft of the vehicle. Thereafter, the complainant informed the OP regarding theft of the vehicle and submitted the relevant documents. OP vide its letter dated 21.11.2008 demanded the untraceable report. The complainant replied the said letter and informed OP that the untraceable report in original was already submitted to Branch Manager on 03.11.2008. Despite it, OP failed to settle the claim. Ultimately, the complainant got served a legal notice dated 17.02.2009 but to no effect. According to the complainant, non-releasing of the claim amounts to deficiency in service on the part of OP. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 5. In reply filed by OP, it has been admitted that the complainant took the insurance policy for his tipper which was valid from 12.03.2008 to 11.03.2009 for sum assured of Rs.13,52,000/-. It has also been admitted that the tipper in question was stolen on 24/25.04.2008. It has been pleaded that Sh.D.S.Chadha, investigator in his report dated 19.06.2008 clearly submitted that the complainant has failed to submit the untraceable report and therefore, the claim could not be settled for want of the documents. It has further been pleaded that the theft took place on 24/25.04.2008 but the complainant informed the police authorities after about 10 days and lodged the F.I.R. after about 51 days which is in contravention of clause 1 of the insurance policy. According to OP, the delay in lodging the F.I.R. not only hampered the investigation but also destroyed the evidence. According to the OP, the complainant had left the tipper unattended at a lonely place since 13.03.2008 which is against the condition No.5 of the insurance policy. In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal. 6. We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 7. Admittedly, the tipper in question was insured with the OP for the period from 12.03.2008 to 11.03.2009 for IDV of Rs.13,52,000/-. The said tipper was stolen on the night of 24/25.04.2008. The complainant informed the police about the aforesaid theft on 04.05.2008 as is evident from the copy of the Daily Station Diary (Annexure C-3). Admittedly, the police after investigation of the case has submitted untraceable report to the Magistrate. The copy of the said report has been sent to OP. The complainant had informed OP regarding the same on 12.05.2008 and had submitted his claim soon thereafter. Despite it, the claim has not been settled so far. A period ofmore than two years has already lapsed. 8 It was argued vehemently by the learned counsel for the OP that the untraceable report duly accepted by the Magistrate has not been made available so far. To our mind, this argument of the learned counsel has no force. Admittedly, the copy of the untraceable report submitted by the police to the Magistrate has been provided to the OP. The complainant has no control over the working of the Magistrate. It is for the Magistrate to pass orders thereon at his own convenience. Otherwise also from the report submitted by the complainant, it is apparent that the tipper has not been traced so far. The said report was sufficient for OP to settle the claim. 9. It was further argued by the learned counsel for the OP that there is a delay in lodging of the F.I.R. As per the complainant, the theft of the vehicle in question took place on the internvening night of 24/25.04.2008. The matter was reported to the police for the first time on 04.05.2008. The case of the complainant is that he was having works at various places so he was under the impression that his brother might have taken the tipper to some other site. However, on 03.05.2008 when his brother met him, he came to know that the tipper was not taken away by him to another site. Thereafter, the complainant made enquiries from other sites of his works and he was informed that the tipper was not on those sites also. So he reported the matter to the police on 04.05.2008. The delay in such circumstances is condonable. In fact, the complainant came to know about the theft of the vehicle in question only on 03.05.2008 when his brother told that he had not taken the tipper to another site. 10. In these circumstances, the non-settlement of the claim for a such a long period on flimsy grounds amounts to deficiency in service on the part of OP. 11. As per the insurance policy in question, the IDV value of the vehicle in question as on 12.03.2008 is Rs.13,52,000/. Therefore, the complainant is entitled to a sum of Rs.13,52,000/- being the insured declared value of the vehicle. 12. In view of the above findings, this complaint is allowed with a direction to OP to pay a sum of Rs.13,52,000/- being the insured declared value of the tipper in question to the complainant along with a sum of Rs.1,00,000/- as compensation for mental agony and harassment. OP is also directed to pay a sum of Rs.5000/- to the complainant as litigation expenses. 13. In another case titled C.C.No.573 of 2009 titled as Jaswant Rai Verma Vs. United India Insurance Co., the pleadings of the complainant and the OPs are similar. C.C.No.573 of 2009 titled as Jaswant Rai Verma Vs. United India Insurance Co. 14. So that complaint is also allowed with a direction to OP to pay a sum of Rs.13,52,000/- being the insured declared value of the tipper in question to the complainant along with a sum of Rs.1,00,000/- as compensation mental agony and harassment. OP is also directed to pay a sum of Rs.5000/- to the complainant as litigation expenses. 15. This order be complied with by the OP within 45 days from the date of receipt of its certified copy, failing which the OP shall be liable to refund Rs.14,52,000/- each to the complainant along with penal interest @ 18% p.a. from the date of filing of the complaint i.e. 23.04.2009 till its realization besides costs of litigation of Rs.5,000/- in both the complaints. 16. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced sd/- 19.08.2010 (LAKSHMAN SHARMA) PRESIDENT Cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. A.R BHANDARI, MEMBER | | 
