Delhi

New Delhi

CC/365/2017

Rama Shanker Mishra - Complainant(s)

Versus

United India Insurance Company - Opp.Party(s)

28 Apr 2023

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002

Case No.CC-365/2017

IN THE MATTER OF:

Sh. Rama Shankar Mishra

S/o Sh. Vindra Prasad Mishra

R/o A-840/1, Sarwati Gali,

Mandawali, Delhi-110092

....Complainant

 

Versus

 

United India Insurance Co. Ltd

D.R.O-1, Through its Manager,

8^th Floor Kanchanjunga Bldg.,

18, Barakhamba Road, New Delhi-110001

...Opposite Party

 

Quorum:

Ms. Poonam Chaudhry, President

Sh. Bariq Ahmad, Member

Sh. Shekhar Chandra, Member

                                                          Date of Institution:24.08.2017

 Date of Order     : 28.04.2023

 

ORDER

 

POONAM CHAUDHRY, PRESIDENT

1. The present complaint has been filed under the Consumer  Protection  Act, 1986 (in short CP Act) against Opposite Party (in short OP) alleging deficiency of services.

2. Briefly stated facts of the case are that the complainant is the owner of Toyata Qualis bearing registration No. DL3CY3981 bearing Chasis No. 501078556, bearing Engine No. 9785513.  It is further alleged that complainant had taken an insurance Policy bearing Policy No. 0401003114P105934588 from the OP against his Toyata Qualis bearing registration No. DL3CY3981.  That on 12.04.2015 the said vehicle has been stolen from Mandawali, Delhi and the complainant immediately approached to the Police officials of Mandawali, Delhi-110092. Police officials of Mandawali same day registered FIR No.322/2015, Under Section 379 1.P.C.  That the complainant without any delay approached to the OP, and made his representation for insurance claim against Insurance Policy bearing Policy No. 0401003114P105934588.
3. It is further alleged that after investigation by the Police officials of P.S. Mandawali, Delhi, filed their untraced report before Metropolitan Magistrate (East), Ld. Metropolitan Magistrate (East) accepted the untraced report/closure report/final report on 19.09.2015.
4. It is further stated that on 27.02.2016 the complainant received a letter from OP that his insurance claim had been approved for Rs.1,18,000/-. That after waiting for several months the complainant again approached the officials of OP for payment of approved claim of Rs.1,18,000/- but the officials did not give any satisfactory reply and failed to make the payment of approved claim Rs. 1,18,000/-.
5. The complainant furnished all the requisite document (including Letter of Subrogation, Indemnity Bond, Original Policy Document) required for insurance claim to the OP, which was duly acknowledge by the OP.
6. It is also alleged that the complainant issued the letter of subrogation/Indemnity Bond in favour of OP and subrogated/transferred all his rights, title, interest and also assigned and transferred his right to take possession of the said vehicle, if traced and  recovered from the possession of anybody from the Police or from the Court.
7. It is alleged that on 20.03.2017, the complainant received a notice from the OP that as per National Crime Record Bureau (NCRB) report dated 10.03.2017 the said vehicle was recovered by the police Station- Shikohabad Firozabad, U.P. and asked to complainant to contact the said police station and get the delivery of the Vehicle and obtain the seizure memo of the vehicle to depute a surveyor to survey/assess the loss.
8. It is alleged OP approved the insurance claim of Rs.1,25,000/- in favour of complainant but the OP did not make the payment on the ground as per NCRB report dated 10.03.2017 the said vehicle was recovered and directed to complainant to contact the said Police Station and get the delivery of the Vehicle.
9. It is prayed that an award be passed for refund the amount of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) alongwith interest @ 24 % per annum from 27.02.2016 alongwith pendentelite and further interest, and compensation of Rs.1,00,000/- (Rupees One Lakh only) for the mental agony, paid, humiliation, suffering, harassment.
10. Notice of complaint was issued to OP, upon which OP entered appearance and filed its reply opposing the complaint on various grounds inter alia that the complaint is without any cause of action and hence the same is liable to be dismissed.
11. It was alleged the vehicle in question was insured in the name of Sh. Rama Shankar Mishra vide policy no. 0401003114P105934588 for the period of 01/11/2014 to 31/10/2015 issued by answering respondent/OP.
12. It was also alleged that OP/the company is not liable to pay any claim because stolen vehicle was recovered and lying at Shikohabad/ Firizabad, UP as per the report of NCRB. A letter had been sent to the complainant in this regard. The letter of subrogation and indemnity bond were to be enforced only after making the payment to the complainant by the OP.
13. It was denied that after accepting the letter of subrogation/indemnity bond, the complainant is no more the owner of the said vehicle and authorized the OP to dispose of the said vehicle or transfer it in any manner.
14. It was denied that any cause of action arose for filling the present complaint in favour of the complainant and against of the OP, it was further denied that the cause of action continuing and subsisting.   It was denied that OP was liable to compensate the complainant.
15. Heard.
16. We are of the view that as vehicle has been recovered and complainant was informed of the recovery, Complainant was under an obligation to take delivery of the vehicle. The OP is not liable to compensate the complainant on account of deficiency of services. The complaint accordingly stands dismissed,  no order as to cost.

          A copy of order be sent to all the parties free of cost. The order be also uploaded in the website of the Commission (www.confonet.nic.in).

File be consigned to the record room along with a copy of the order.

 

(Poonam Chaudhry)

President

 

(Bariq Ahmad)                                                                                                                   (Shekhar Chandra)

    Member                                                                                                                             Member