Haryana

Yamunanagar

CC/481/2011

Yash Pal Kamboj S/o Budh Ram Kamboj - Complainant(s)

Versus

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

Rajiv Khurana

18 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                          Complaint No… 481  of 2011.

                                                                                          Date of institution:12.05.2011

                                                                                          Date of decision:18.01.2017.

Yash Pal Kamboj aged about 48 years son of Sh. Budh Ram Kamboj, Resident of village Radauri, Sub Tehsil Radaur, Tehsil Jagadhri, District Yamuna Nagar.   

                                                                                                                    …Complainant.

                                    Versus

United India Insurance Company Limited, Near Telephone Exchange, Yamuna Nagar, through its Branch Manager.

                                                                                                                    …Respondent

                         

 

CORAM:          SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

 

Present:  Sh. Rajiv Khurana, Advocate, counsel for complainant.  

               Sh. Parmod Gupta, Advocate, counsel for respondent.         

             

 

ORDER

 

1.                      Complainant Yash Pal has filed the present complaint under section 12 of the Consumer Protection Act, 1986.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant is running his business of iron rod (Saria) and cement at Radaur under the name and Style of M/s Kamboj Traders Radaur and got insured his shop/firm for burglary etc. with the respondent (hereinafter respondent will be referred as OP) vide its policy No. 110101/48/06/34/00000488 and No. 110101/11/06/11/00000734 valid w.e.f. 14.08.2006 to 13.08.2007. In the night of 17.09.2006, the complainant locked his shop and godown and left for his house. In the morning of 18.09.2006, the complainant received information that some one has broken the locks of the shutter of godown of the complainant. The complainant immediately reached at his shop and found that the shutter of his godown was lying opened and a huge quantity of iron rod was missing. The complainant duly informed the OP Insurance Company about the abovesaid burglary and they visited the spot. The OP Insurance Company also got assessed the loss/damages from the surveyor. The complainant suffered a loss of Rs. 2,01,171/- on account of abovesaid burglary. Thereafter, the complainant filed his regular claim with the OP vide claim No. 110101/48/06/34/90000026 and completed all the formalities. The complainant requested the OP to pay compensation to the complainant but the OP put off the matter on one pretext or the other. Thereafter, the OP arbitrarily, illegally and unlawfully had repudiated the said claim of the complainant and had refused to pay any compensation to the complainant. Thereafter, the complainant had filed a complaint before this Forum and the same was disposed of with a direction that the complainant shall furnish the documents to the OP Insurance Company and the OP Insurance Company shall decide the claim within two months from the receipt of said record. In pursuance of order of this Forum, the complainant again supplied all the documents available with him to the OP Insurance Company but despite the receipt of said documents, the OP Insurance Company again put off the matter on one pretext or the other and have refused to pay any compensation to the complainant. Lastly, prayed for directing the OP Insurance Company to pay Rs. 2,01,171/- alongwith interest and further to pay compensation as well as litigation expenses.

3.                     Upon notice, OP Insurance Company appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; complainant has got no locus standi to file the present complaint; complainant has not come to this Forum with clean hands and has concealed the true and material facts; estopped by his own act and conduct from filing the present complaint; no cause of action in favour of complainant and on merit it has been submitted that the OP company has received telephonically information from Canara Bank, Radaur regarding the alleged theft. Upon receiving the information, the Op Insurance Company appointed Sh. Duggal Gupta, Surveyor (P) Ltd. to assess the loss, who had visited the spot on 22.09.2006 to access the loss. However, the surveyor could not access the loss for want of information from the complainant. It has been admitted to the extent that the complainant has submitted formal claim form on 22.09.2006. In fact, the surveyor has written letters dated 25.09.2006, 14.11.2006 and 05.12.2006 requesting the complainant to provide the requisite documents to them and similarly the OP Insurance Company has written letter dated 22.12.2006 to the complainant asking the complainant to provide requisite information and documents to the surveyor and to complete the required claim papers, but the complainant has ignored all these letters and had not provided any information or documents to the surveyor or to the OP Insurance Company till date. Even the complainant has not supplied copy of FIR regarding the theft. Under the circumstances, M/s Duggal Gupta Surveyor could not assess the loss and have submitted their report dated 10.02.2007 with the recommendation to close the claim as “No Claim”. On their report, the OP Insurance Company sent the letter dated 29.03.2007 to the complainant that their claim file has been closed as “No Claim” because the complainant has not supplied the requisite papers/ documents/ information. In fact the OP Insurance Company has received a letter dated 12.01.2011 from the complainant on 28.01.2011 wherein the complainant has stated that he is supplying all the documents but he has not attached any document with the letter. The Op Company immediately replied vide letter dated 03.02.2011 requesting the complainant to supply the following documents:

1. Claim bill giving therein detail as to report stolen item viz description, Qty. rate and value etc.
2. Copy of FIR alongwith detail of reported stolen item duly acknowledged by policy.
3. Copy of balance sheet, trading P & L accounts alongwith audit reports as on 31.03.2006, 31.03.2005 & 31.03.2004.
4. Copy of trading account as on date of loss.
5. Copy of VAT returns for September, 2006.
6. Quantitative details of the saria sold and purchased from 01.04.2006 to date of loss. Copies of your account in books of parties to whom goods were sold from 01.04.2009 to date of loss.

            However, the complainant has not supplied these documents to the OP Insurance Company till today. Therefore, there is no any deficiency in service on the part of OP Company and lastly prayed for dismissal of complaint.

4.                     In support of the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CX and documents such as Photo copy of intimation regarding the documents case titled as Yash Pal Vs. United India Insurance Co. as Annexure C-1, Photo copy of letter dated 18.10.2006 written to SHO as Annexure C-2 and C-3, Photo copy of reply to letter dated 05.12.2006 as Annexure C-4, Photo copy of application written to Superintendent of Police as Annexure C-5, Photo copy of Cement Purchase Ledger account as Annexure C-6, Photo copy of cement sale ledger account as Annexure C-7, Photo copy of insurance policy as Annexure C-8, Photo copy of complaint under section 156(3) Cr. P. C. as Annexure C-9, Photo copy of affidavit as Annexure C-10, Photo copy of new paper cutting as Annexure C-11 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OP Insurance Company tendered into evidence affidavit of Ajay Sareen Asstt. Divisional Manager as Annexure RX and documents such as Photo copy of Insurance policy as Annexure R-1, Photo copy of claim form as Annexure R-2, Photo copy of letter dated 25.09.2006 as Annexure R-3, Photo copy of letter dated 14.11.2006 as Annexure R-4, Photo copy of letter dated 05.12.2006 as Annexure R-5, Photo copy of surveyor report as Annexure R-6, Photo copy of intimation letter dated 12.01.2011 regarding the documents as Annexure R-7, Photo copy of letter dated 03.02.2011 as Annexure R-8, Photo copy of order dated 22.11.2010 as Annexure R-9 and closed the evidence on behalf of OP.

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 and carefully.

7.                     Before reaching to the conclusion of the case, it is pertinent to mention here that earlier the complaint bearing CC No. 403 of 2007 of the complainant on the same facts was disposed of vide order dated 22.11.2010 with the directions “the complainant is directed to furnish all the record including other documents to the insurance company within one month and after furnishing the aforesaid record/ formalities the respondent will decide his case within 2 months” Upon which, learned counsel for the complainant draw our attention towards the letter dated 12.01.2011 (Annexure C-1/R-7) and argued that as per direction of this Forum complainant submitted the documents to the OP Insurance Company, however, OP Insurance Company has failed to settle the claim of the complainant which constitute the deficiency in service and unfair trade practice on its parts and prayed for acceptance of the complaint.

8.                     On the other hand, counsel for the OP Insurance Company argued at length that the complainant again failed to submit the required documents which were duly demanded by the surveyor as per his letter dated 25.09.2006 (Annexure R-3). Learned counsel for the OP Insurance Company draw our attention towards the reply dated 03.02.2011 (Annexure R-8) sent by the OP Insurance Company to the complainant in respect of letter dated 12.01.2011 received on 28.01.2011 (Annexure R-7) by the OP Insurance Company and argued that the complainant submitted only photocopies of sale ledger and purchase ledger of cement from 01.04.2006 to 30.09.2006 but the complainant failed to submit the copy of FIR, Balance sheet, trading account, profit and loss account alongwith audit report etc. as demanded by the surveyor vide letter dated25.09.2006 and in the absence of the necessary documents, the OP Insurance Company cannot settle the claim of the complainant. Hence, there is no deficiency in service or unfair trade practice on the part of OP Insurance Company and requested for dismissal of complaint.

 9.                    After hearing both the parties at length, we are of the considered view that there is no deficiency in service or unfair trade practice on the part of the OP Insurance Company as the complainant has totally failed to comply with the requirements for assessing the loss asked by the surveyor vide his letter dated 25.09.2006 Annexure R-3 and further despite the direction of this Forum vide order dated 22.11.2010 in CC No. 403 of 2007. We have also perused the case file on which also the complainant has not placed on file any copy of such documents. The complainant has placed on file only photocopy of ledger account Annexure C-6 and C-7 and from the perusal of these photocopies, it is duly evident that these are relating to purchase and sale of cement only not for the sale and purchase of iron rod (saria) which was stolen as alleged by the complainant. The complainant has also not placed on file any copy of DDR or FIR or untrace report or any cogent evidence i.e. bank account statement, audit report from which it can be presumed that complainant has suffered any loss on account of theft of iron rod/ Saria. Surveyor M/s Duggal Gupta, Surveyor Pvt. Ltd. has also submitted his report dated 10.02.2007 (Annexure R-6) in which he has specifically mentioned that as the complainant has not submitted the required documents. So, we are of the opinion that the insured is not interest in the claim and thus, the claim file of the insured may plea be closed as “No Claim.”

10.                   From the other angle also, the present complaint has been filed by the complainant Yashpal Kamboj in personal capacity by not mentioning being the proprietor or partner of the firm whereas from the perusal of the Insurance Policy Annexure R-1/C-8/1, it is duly evident that the firm M/s Kamboj Traders Bubka Road, Radaur has obtained the insurance policy bearing No. 110101/48/06/34/00000488 valid from 14.08.2006 to13.08.2007 under the shop keeper insurance policy from the Op Insurance Company. Hence, the present complaint has also not been filed by the proper party.

11.                   In the circumstances noted above, as the complainant has totally failed to submit the required documents demanded by the OP Insurance Company again despite the direction of this Forum vide order dated 22.11.2010 passed in CC No. 403 of 2007 (Annexure R-9) and further as per letter dated 03.02.2011 (Annexure R-8) issued by the OP Insurance Company, hence, we have no option except to dismiss the present complaint.

12.                   Resultantly, we find not 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.18.01.2017.

                                                                                       (ASHOK KUMAR GARG )

                        (S.C.SHARMA)                                    PRESIDENT,

                         MEMBER                                            D.C.D.R.F.YAMUNANAGAR