DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.315/09
Delhi State Civil Supplies Corporation
Through its company Secretary-Cum-
Additional General Manager
7-9 Aaram Bagh, Pahar Ganj,
New Delhi-110055 ….Complainant
Versus
United India Insurance Company Limited
Through its Branch Manager
46. Vasant Vihar, Near Priya Cinema
Also at:
United Insurance Company Limited
Through its Branch Manager
AB-8, 2nd Floor, Community Centre,
Near Kamal Cinema, Safdarjung Enclave
New Delhi-110029 ….Opposite Party
Date of Institution : 11.03.03 Date of Order 19.12.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Complainant’s case, in nutshell, is that it had purchased an insurance policy bearing No041303/48/02/00012 dated 09.04.02 from the OP for all liquor vends for the year 2002-03 (w.e.f. 09.04.02 to 31.03.03). On 15.04.02 when a staff of L-2 vend Brahmpuri was carrying a cash of Rs.2,26,598/- for depositing it into a bank, the same was looted by some unknown miscreants regarding which an FIR No.130/2002 dated 15.04.02 was got registered at P.S. Seelampur U/s 393/397/34 IPC and also that the OP was informed regarding this incident vide letter dated 16.04.02 and it was requested that a claim form be also forward and the matter was got investigated by the OP through its Surveyors and Loss Assessors. The Complainant submitted all the required documents including the copy of the untraced report U/s 173 Cr. P.C. to the OP many a times but to no effect. However, vide letter No.041303 /MIS /CLM/2185/08-09 dated 29.07.09 the OP informed the Complainant that no claim was pending/outstanding in their books and no claim papers were lying with them. Hence, pleading gross deficiency in service on the part of OP, the Complainant has filed the present complaint for issuing directions to the OP to pay Rs.2,26,598/- for the loss caused to the Complainant, Rs.2 lacs as compensation for mental and physical harassment and cost of litigation.
OP in the written statement has inter-alia stated that as under:-
“That the said application is hopelessly barred by limitation. As per Section 24A of the Consumer Protection Act, the complaint has to be filed within 2 years from the date on which the cause of action has arisen. It is respectfully submitted that the said claim was filed in the year 2002 and the last communication/reminder sent by the complainant on 7th March 2005. The Respondent company had already sent repudiation letter in the year 2006. But complainant did not take action thereafter and suddenly in order to create limitation visited the respondent office in 2009 and manages to get one letter dated 29-7-2009, so that he can file the complaint before this Forum.”
It is further stated as under:
“…That the said complaint is not maintainable as in spite of various letters and reminder the complainant failed to submit the untrace report under section 173 of Cr.P.C. therefore the claim lodged by the complainant is not tenable and the same has been repudiated by the answering respondent. Copy of the insurance policy is enclosed herewith and is marked as MARK-A.”
It is also stated as under:
It is respectfully submitted that the matter was placed before the competent authority of the respondent company, who after carefully going through the entire matter and after due application of its mind came to the conclusion that the claim of the complainant is not payable as per the reasons given hereinabove. It is submitted in view of the facts stated above there is deficiency in service on the part of the respondent company.”
Other averments made in the complaint have been denied. It is prayed that the complaint be dismissed.
In the rejoinder, the Complainant has stated that it was for the first time that vide letter dated 29.07.08 the OP informed the Complainant that no claim was pending/outstanding against them and therefore the complaint was well within time.
Affidavit of Sh. R. P. Sehgal, Company Secretary has been filed in evidence on behalf of the Complainant wherein he has relied on the documents Ex.CW-1/1 to Ex.CW-1/12. The documents are not marked exhibit nos. and they are given annexure nos. as C-1 to C-12)
On the other hand, affidavit of Sh. M. K. Malhotra, Dy. Manager has been filed in evidence on behalf of the OP but he has not filed any document. It is not out of place to mention here that no document of any kind has been filed on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments advance at the bar and have also carefully perused the judicial file.
The OP has failed to file any document which could even remotely show that the OP has repudiated the claim of the Complainant and sent repudiation letter in the year 2006. The words in the “year 2006” are very vague. The year starts from 1st January and so on 31st December. No particular date or month of the alleged repudiation letter has been mentioned. Therefore, we are not inclined to believe that the OP had infact sent any such alleged repudiation letter to the Complainant in the year 2006. Admittedly, letter dated 29.07.08 (copy annexure C-12) had been sent by the OP to the Complainant whereby the Complainant was informed that no claim was pending/outstanding in the books of the OP and no claim papers were lying with the OP. Therefore, cause of action for filing the present complaint also arose on 29.07.08. Thus, the complaint is within the limitation period.
The onus to prove that the OP has repudiated the claim of the Complainant and sent the repudiation letter to the Complainant in the year 2006 was on the OP. However, as stated hereinabove, the OP has not filed even a single document what to talk about the copy of alleged repudiation letter. Therefore, we do not have any hesitation in saying that the OP has infact taken a false and frivolous plea in order to save the skin of its erring officers.
This is a case of gross deficiency in service on the part of OP in not allowing the genuine claim of the Complainant. Therefore, we allow the complaint. We hold the OP guilty of gross deficiency in service and direct the OP to pay Rs.2,26,598/- alongwith interest @ 6% p.a. from 16.04.02 till the date of recovery and Rs.11,000/- towards legal expenses to the Complainant. Since the Complainant is a legal and juristic entity we do not award any compensation towards mental harassment etc.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs.9 % per annum on the above said amount of Rs.2,26,598/- from 16.04.02 till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 19.12.16.
