Delhi

North East

CC/106/2017

Sh. Kapil - Complainant(s)

Versus

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

23 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.106/17

 

In the matter of:

 

	Sh. Kapil S/o Sh. Roop Chand R/o C-75, Gali No.6 New Usmanpur, Delhi-110053.	Complainant
	Versus
	United India Insurance Company Limited Through its Manager Motor Dealer Office D.O. 24, 4th Floor, Jeevan Vikas Building, 30-31A, Asaf Ali Road, New Delhi-110002.	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

28.03.2017 18.05.2018 23.05.2018

 

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The case of the complainant is that he had purchased a Yamaha motorcycle bearing registration no. DL-1SW-9747 which he got insured with OP vide policy no. YUI/012601/11007864 dated 25.08.2015 for the period from 25.08.2014 to 24.08.2015 for IDV Rs. 1,07,303/- on payment of premium of Rs. 2999/- to the OP. It has been submitted by the complainant that on 03.04.2015 the said vehicle of the complainant got stolen from the house of his friend namely Ashwani Chauhan s/o Shri Yad Ram, at house No. C-77, Bhagat Singh Colony, New Usmanpur Delhi-53 who lodged FIR bearing No. 386/2015 under section 379 IPC with PS New Usmanpur, Delhi after the investigation, the I.O. filed the untraced report before the Hon’ble Concerned Court on 17.06.2015. It has been further submitted by the complainant that thereafter on 23.06.2015 he filed a claim vide Claim Intimation no. UCLMYUI/012601/11007864/1352 with the OP which had still not been paid by the OP without satisfactory reply and that shows the mental torture and harassment of the complainant by the OP as also deficiency of service as he had paid a sum of Rs. 2,999/- as a premium to the OP with the hope that in case any mis-happening or any loss, he would get the insurance amount from the OP. Being aggrieved, the complainant sent a legal notice dated 16.12.2016 to the OP demanding IDV of insurance amount of Rs. 1,07,303/- and Rs. 50,000/- towards compensation. The above legal notice was served upon the OP but OP did not comply with the same. It has been submitted by the complainant within prescribed time and had caused great harassment, humiliation, mental agony, torture etc. Therefore the complainant vide the present complaint has prayed for issuance of directions to OP to pay the IDV of Rs. 1,07,303/- alongwith interest 18% p.a. from the date of filing of the claim till its realization and Rs. 50,000/- as compensation for harassment, mental agony and torture alongwith Rs. 11,000/- as the cost of legal expenses.

Complainant has annexed a copy of FIR dated 04.04.2015 to PS New Usmanpur, New Delhi bearing no. 386, copy of challan/ charge sheet u/s 173 Cr.PC, untraced report dated 17.06.2015, discharge voucher, copy of insurance claim form, theft intimation form submitted to OP, copy of policy cover note dated 25^th August 2014 issued by OP, copy of loan related documents with Bussan Auto Finance India Pvt Ltd alongwith copy of loan agreement/ re-payment schedule etc, copy of legal notice dated 16.12.2016 alongwith postal receipts/courier receipt. Besides the above a copy of RC bearing No. DL 1SW 9747 in favour of the complainant has also been attached.

2. Notices was issued to the OP for appearance before this Forum on 05.05.2017 which was duly served on OP on 17.04.2017 but OP failed to appear before this Forum and as such was proceeded against Ex-parte vide order dated 17.07.2017.
3. Ex-parte evidence by way of affidavit and written arguments were filed by the complainant on 12.09.2017 and 09.03.2018 respectively wherein complainant reiterated his grievance in the complaint. Further a type copy of the FIR no.386 dated 04.04.2015 filed with PS New Usmanpur was also attached.
4. We have heard the oral arguments addressed by the complainant and have perused the evidence submitted by the complainant in support of his contentions.

From the perusal of records, it can be ascertained the subject vehicle no. DL-1SW-09747 of the complainant was insured by the OP on 25.08.2014 for a period of one year on payment ofRs. 2,999/- as premium for an IDV of Rs. 1,07,303/- and the above vehicle was duly insured / covered at the time of its theft and the FIR was registered by the concerned Police Station immediately on information provided by the friend of the complainant from whose house the said motorcycle got stolen but the same could not be traced. The complainant had lodged / registered a claim on 23.06.2015 with OP after a delay of more than 2 months after receiving untraced report which is all likelihood was due to the complainant waiting/hopeful for the tracing out of his vehicle by the police authorities, he filed a claim with the OP for the insurance with the amount as per the policy taken by him from the OP but did not get any response from the OP.

5. In the absence of any rebuttal by the OP to the averments, the complainant has succeeded in establishing a case of deficiency in service on the part of OP and as such we direct the OP to pay the total IDV amount of Rs. 1,07,303/- alongwith a compensation of     Rs. 10,000/- towards the harassment, mental agony, torture suffered by the complainant and caused by the OP for non-payment of his claim and also an amount of Rs. 3,000/- towards litigation charges payable by the OP to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the interest @ 9% p.a. shall be payable by the OP to the complainant on the total awarded amount i.e. Rs. 1,20,303/- from the date of order till the date of realization.     
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on  23.05.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member