BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.247 of 2019
Date of Instt. 04.07.2019
Date of Decision:14.07.2022
Minakshi aged about 36 years W/o Rajiv Budhiraja R/o H. No.18-A, New Defence Colony, Deep Nagar, Jalandhar Cantt.
..........Complainant
Versus
1. Universal Sompo General Insurance Co. Ltd. Unit No.401, 4th Floor Sangam Complex, 127, Andheri Kurla Road, Andheri (E) Mumbai-400059, Maharashtra Through its Manager.
2. Universal Sompo General Insurance Co. Ltd. SCO-4, Second Floor, PUDA Complex, Ladowali Road, Jalandhar-144001 Through its Manager.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Anupam Pathania, Adv. Counsel for the Complainant.
Sh. Vikas Gupta, Adv. Counsel for OPs No.1 and 2.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant had taken insurance policy from OPs i.e. insurance policy No.2311/57176098/00/000 policy valid from 23.05.2017 to 22.05.2018 regarding vehicle bearing No.PB 08 DJ 2993, Chassis No.MA3EUA61S00880102, Engine No.F8DN5646434, make Alto Colour White. As per the policy, the car was insured for amount of Rs.2,54,000/-. The car bearing No.PB 08 DJ 2993 was stolen on 13.02.2018 regarding which FIR No.25 dated 14.02.2018 u/S 379 IPC, PS Sadar, Jalandhar has been registered. The complainant had lodged claim before OPs vide claim No.CL17105170 but OPs did not settle the claim. On the contrary, sent one letter dated 02.07.2018 asking the complainant to submit final untraced report. The complainant sent a letter to OP regarding not settling of claim No.CL171015170 regarding policy No.2311/57176098 through registered post on 31.08.2018. In that letter the complainant has specifically referred about earlier letter dated 02.07.2018 asking for final untraced report. The complainant had already submitted all the documents relating to the theft of the car of the complainant. The accused has already been released on bail, challan has been presented on 29.05.2018. The vehicle has not been traced so far. More so, the investigation of the policy has already finished and now the case is fixed for prosecution evidence. The OPs have not given any reply to the above stated letter sent by the complainant neither OPs have settled the claim of the complainant. Apart from sending the above stated letter, the complainant has tried to contact OPs at their local office at Jalandhar but uptill now complainant have not got any reply. This is great misconduct, deficiency in service and unfair trade practice on the part of the OPs. The complainant through her counsel sent legal notice to the OPs on 22.05.2019, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to settle the claim of the complainant and to pay a sum of Rs.3,66,000/- i.e. Rs.2,54,000/- as insured amount of Car bearing No.PB08 DJ 2993 and further OPs be directed to pay Rs.1,00,000/- as mental harassment and Rs.11,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, who filed joint written reply and contested the complaint by taking preliminary objections that the present complaint is frivolous, vexatious and devoid of merits and hence, the same is liable to be dismissed with heavy costs. It is further averred that the complainant has not approached this Commission with clean hands. The complainant has suppressed various material facts in the present complaint. Hence, the present complaint is liable to be dismissed on this ground only. There is no deficiency in service or negligence or unfair trade practice on the part of the OP which brings the present case adjudicable before this Commission under Consumer Protection Act. The present complaint is premature and is liable to be dismissed on this ground alone. There is no deficiency in service or negligence on the part of the answering OP which gave any cause of action to the complainant to file the present complaint. The claim of the claimant has not been repudiated by answering OP. The claim of the complainant is not settled on account of non-submission of required documents by complainant. On merits, the factum with regard to issuance of insurance policy to the complainant is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder not filed by the complainant.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.
6. The complainant is the owner of Alto Car bearing No.PB 08 DJ 2993 as per Ex.C-7. She has got her vehicle insured with the OPs as per Ex.C-6. The case of the complainant is that her car bearing No.PB 08 DJ 2993 was stolen on 13.02.2018 and immediately an FIR was got registered on 14.02.2018. The repot under Section 173 Cr. P. C. has been proved as Ex.C-5 which clearly shows that the Alto Car was not recovered from the accused Subeer Ahmad against whom the trial was going on and another accused Fiaz Mohammad was yet to be arrested. The OPs have issued a letter written to the complainant Ex.C-1 seeking the documents i.e. vehicle final untraced report from Court. This letter is dated 02.07.2018 and the complainant has replied the letter and categorically stated that all the documents which were in her possession have already been supplied to the OP and the letter is Ex.C-2. It has been alleged by the complainant that she has no knowledge about the arrest of the other accused and the police report or other documents regarding the accused persons cannot be obtained by the complainant. However, she has produced on record the copy of the intimation sought under RTI Act, which shows that with regard to the FIR number in question, the challan under Section 13 of Public Gambling Act has been filed by the Police and whereas the present FIR was registered under Section 379 of Cr. P. C. The complainant has alleged that he cannot produce the untraced report and other documents which are not in her possession. It has been held by the Hon’ble Supreme Court in a Civil Appeal no.4071 of 2022, case title “Gurmail Singh Vs. Branch Manager, National Insurance Company” that the insurance companies are refusing the claims on flimsy grounds and they should not be too technical while settling the claims and ask for the documents that the insured is not in a position to produce due to circumstances beyond his control.
7. In the present case, immediately after the theft of the vehicle, an FIR was registered and the report under Section 173 Cr. P. C. has been filed. Copy of the same has been supplied. The other documents regarding the decision of the case and the arrest and status of the case or trial regarding other accused cannot be produced by the complainant since it is beyond the control of the complainant to obtain these documents, therefore the conduct of the insurance companies for not settling the claim on the basis of non-production of the documents, which are not in her possession, is clear cut deficiency of service. In such circumstances, the OPs are directed to settle the claim of the complainant on the basis of this document within 15 days, failing which the OPs will be liable to pay a compensation of Rs.20,000/- to the complainant. It is further ordered that if the complainant is not satisfied with the settlement of the claim made by the OPs, then complainant is at liberty to file a fresh complaint. Original documents submitted alongwith the complaint be returned to the complainant for onward submission of the same to OPs for the settlement of the claim. Thus, this complaint is disposed of. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
14.07.2022 Member Member President
