Haryana

Yamunanagar

CC/99/2015

Shankar Biswas S/o Nirmal Biswas - Complainant(s)

Versus

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

Surbhit Verma

09 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                              Complaint No. 99  of  2015.

                                                                                              Date of institution: 20.03.2015.

                                                                                              Date of decision: 09.12.2016.

Shankar Biswas aged about 36 years son of Shri Nirmal Biswas, resident of C/o Bicky Clinic, V.P. O. Shadipur, Yamuna Nagar, Distt. Yamuna Nagar.                                                                                                                                                                                                                                                                                                           

                                                                                                                                        …Complainant.

                                    Versus

1. United India Insurance Co. Limited Regd. and Head Office 24, Whites Road, Chennai, through its M.D.
2. United India Insurance Co. Limited Branch Office Yamuna Nagar, Near Telephone Exchange, Yamuna Nagar through Branch Manager.  

 

                                                                                                                                      … Respondents.

                       

BEFORE          SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh,. Surbhit Verma , Advocate, counsel for complainant.   

              Sh. Rajiv Gupta, Advocate, counsel for respondents. 

 

ORDER

 

1.                        Complainant Shankar Biswas has filed this complaint under section 12 of the Consumer Protection Act 1986.

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant is registered owner of the motorcycle bearing registration No. UK-06J-4453 make Bajaj Discover, Colour Black and Blue which was insured with the OPs Insurance Company vide insurance policy bearing No. 110101311P001475736 for a sum of Rs. 32,000/- valid from 22.11.2011 to 21.11.2012. On 13.11.2011 at about 7.00 A.M, when the complainant after parking his motorcycle outside his rented accommodation, came out after two hours he found that his motorcycle was not there and the same was stolen by some unknown person. The complainant made search but could not find the motorcycle in question and ultimately, complainant moved an application to the police station and got registered an FIR bearing No. 270 dated 17.12.2012, under section 379 IPC with the police station Sadar, Yamuna Nagar. The police could not trace out and recover the motorcycle in question, so an untrace report under section 173 Cr.P.C dated 05.01.2015 was issued by the competent court of law. The complainant asked the Ops Insurance Company so many times to make the payment but the OPs Insurance Company wrongly and illegally repudiated the claim of the complainant as “ No Claim” vide letter dated 16.01.2015. Lastly prayed for directing the OPs Insurance Company to pay the insured amount of Rs. 32,000/- on account of theft of motorcycle in question and also to pay compensation as well as litigation expenses. Hence this complaint.

 3.                    Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, there is no deficiency in service or unfair trade practice on the part of Ops Insurance Company. The complainant has concealed the true and material facts. In this case, a claim intimation dated 21.12.2012 was received by the OPs Insurance Company from the complainant to the effect that on 13.11.2012 his motorcycle bearing registration No. UK-06J-4453 has been stolen. On receipt of the said intimation, the complainant was desired to submit necessary documents for processing the claim including the copy of registration certificate, insurance, FIR etc. besides this untrace report and NCRB Report and in this respect letters dated 01.04.2013 and 15.05.2013 and 07.08.2013 were sent to the complainant. However, no communication was received from the complainant by the OPs Insurance Company and for want of compliance of the formalities, the file of this case was closed. Thereafter, vide letter dated 12.01.2015, the complainant submitted an untrace report and on receipt of the same, the claim of the complainant was processed further and it was found that there is a clear cut violation of the policy condition No.1, according to which notice shall be given in writing to the Company immediately in respect of any occurrence which may give rise to any claim under the policy and in case of theft the insured shall give immediate notice to the police. However, in this case, a belated intimation after 8 days of the alleged theft was given to the insurance company and even the police was also informed on 17.12.2012 i.e. after a delay of more than 34 days. Hence, the claim of the complainant has been rightly repudiated by the OPs Insurance Company vide its letter dated 16.01.2015 and on merit contents of the complaint were controverted and reiterated the stand taken in the complaint and lastly prayed for dismissal of complaint.

4.                     To prove the case, complainant tendered into evidence his affidavit as Annexure CW/A and documents such as Photo copy of Insurance policy as Annexure C-1, Photo copy of RC as Annexure C-2, Photo copy of cover note as Annexure C-3, Photo copy of driving license as Annexure C-4, Photo copy of FIR bearing No. 270 dated 17.12.2012 as Annexure C-5, Photo copy of untrace report issued by JMIC, Jagadhri dated 07.01.2015 as Annexure C-6, Photo copy of Adhaar Card as Annexure C-7 and closed the evidence on behalf of the complainant.

5.                     On the other hand, counsel for the OPs Insurance Company tendered into evidence affidavit of Sh. Ajay Sareen, Assistant Manager, UIIC as Annexure RW/A and documents such as photo copy of insurance policy as Annexure R-1, Carbon copy of repudiation letter dated 16.01.2015 as Annexure R-2, Photo copy of intimation letter dated 21.12.2012 as Annexure R-3, Photo copy of FIR as Annexure R-4, Photo copy of letters dated 01.04.2013, 15.05.2013, 07.08.2013 as Annexure R-5 to R-7, photo copy of letter dated 12.01.2015 regarding submitting untrace report as Annexure R-8, Photo copy of untrace report as Annexure R-9 and closed the evidence on behalf of OPs.  

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely & carefully. 

7.                     It is admitted fact that the complainant is registered owner of  motorcycle bearing registration No. UK-06J-4453 and motorcycle in question was insured with the OPs insurance company vide insurance policy bearing No. 110101311P001475736 for a sum of Rs. 32,000/- valid from 22.11.2011 to 21.11.2012. It is not disputed that the motorcycle in question was stolen on 13.11.2012 which is evident from FIR No. 270 dated 17.12.2012(Annexure-R-4) registered in police station Sadar Yamuna Nagar and a claim was lodged with the OPs Insurance Company by the complainant.  

8.                     Learned counsel for the complainant argued that the genuine claim of the complainant has been wrongly repudiated by the OPs Insurance Company whereas the case of the complainant is duly proved from the copy of FIR bearing No. 270 dated 17.12.2012 (Annexure C-5) and untrace report issued by the JMIC, Jagadhri (Annexure C-6) whereas on the other hand, learned counsel for the OPs argued at length that the claim of the complainant has been rightly repudiated as the complainant has lodged the FIR after a delay of 34 days i.e. on 17.12.2012 and intimated the OPs Insurance Company on 21.11.2012 i.e. after a delay of 8 days from the date of theft as the alleged occurrence took place on 13.11.2012 and referred the case law titled as Royal Sundram Alliance Insurance Co. Ltd. Versus Kanwal Jeet Singh Gil, 2015 (3) CLT page 90 (N.C) and another case law titled as H.D.F.C. Ergo General Insurance Co. Ltd. Versus Bhagchand Saini, 1(2015) CPJ page 206 (N.C.).

9.                     After hearing both the parties we are of the considered view that there is no deficiency in service on the part of OPs Insurance Company as in the present complaint, motorcycle in question was stolen on 13.11.2012 whereas FIR was lodged on 17.12.2012 i.e. after a period of 35 days and the intimation to the OPs insurance company was also given on 21.12.2012 i.e. after 1 month 8 days which is evident from the letter dated 21.12.2012 (Annexure R-3) written by the complainant. Further, no cogent evidence has been filed by the complainant to prove that he intimated the police on the same day. It is settled law that normally, document does not lie but man may do. Even if we presume this, even then it is not enough to make the insurance company liable to pay the claim which was lodged with it after a gap of near about 1 month 8 days. The authorities (supra) tendered by the OPs are fully applicable in the present case.

10                    In view of the above discussion, this Forum is of considered view that there is violation of condition No.1 of the terms and conditions of insurance policy (Annex. R-1) and opposite parties have rightly repudiated the claim of the complainant vide letter dated 16.01.2015(Annexure R-2).  As such, there is no deficiency in service on the part of opposite parties.

11.                   Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 09.12.2016.

                                                                                          ( ASHOK KUMAR GARG)

                                                                                           PRESIDENT

                                                                                           D.C.D.R.F.YAMUNA NAGAR

                                                                                           AT JAGADHRI

                  (S.C.SHARMA)

                   MEMBER