Haryana

Bhiwani

CC/127/2023

Ravi - Complainant(s)

Versus

Universal Sompo - Opp.Party(s)

suraj chand

26 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                  Complaint Case No. :127 of 2023

                                                                  Date of Institution    :  05.06.2023

                                                                  Date of decision:      :  26.09.2024

 

Ravi son of Sh. Hari Kishan R/o R/o H.No.31, Thatheran Mohalla, Kolian Gali, Dadri Gate, Bhiwani Tehsil and District Bhiwani.

                                                  ...Complainant 

 

                                                    Versus

1.       The Manager, Universal Sompo General Insurance Co. Ltd., 3^rd Floor, Vishal Bhawan, 95, Nehru Place, New Delhi, Delhi-110019.

2.       The Manager, Universal Sompo General Insurance Co. Ltd., Office No.103, First Floor, Ackruti Star, MIDC Central Road, Andheri (East) Mumbai.

3.       The Manager, Policybazaar Insurance Brokers Private Limited, Plot No.119, Sector-44, Gurgaon-122001, Haryana.

4.       The General Manager/Director, Policybazaar Insurance Brokers Private Limited, Plot No.119, Sector-44, Gurgaon-122001, Haryana. 

...Opposite parties

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms.  Shashi Kiran Panwar, Member.

Present:        Sh. Suraj Chand, Advocate for complainant.

Sh. Arun Samota, Advocate for OPs No.3 & 4.

OPs No.1 & 2 already exparte.

 

                                                  ORDER

 

Shashi Kiran Panwar, Member.

 

1.                 Brief facts of this complaint are that complainant being owner of a motorcycle Honda CB Shine bearing registration No.HR-16G-8755 (in short the vehicle) got it insured from OPs No.1 & 2 through OPs No.3 & 4 for a period from 19.06.2021 to 18.06.2022.  On 28.07.2021, the vehicle was stolen  from Auto Market and in this regard FIR No.430 dated 05.08.2021 was got registered at P.S. Dinod Gate. OP Insurance company was informed and completed all necessary formalities qua release of the claim of the vehicle but despite untraced report of the vehicle, claim to the complainant was not released. Hence, the present complaint has been preferred by complainant  seeking directions against the OPs to pay Rs.16,514/- to the complainant besides Rs.2.00 lac as compensation for harassment and Rs.11,000/- as litigation expenses alongwith interest thereon. Any other relief to which this Commission deems fit, has also been sought.

2.                 Upon notice, OPs No.3 & 4 appeared through counsel and filed written statement submitting that the answering OP is an intermediary between the service providers and the customers and it does not have any interference in the modus operandi or working of merchants/service providers and thus no liability qua any deficiency in service can be fastened against it. The insurance products as displayed on website of the answering OPs and customer chooses an insurance plan and makes premium payment to the insurance company belong to insurance companies. The insurance policy was issued by OPs No.1 & 2 hence, they are liable for all the services mentioned in the policy.  However, it is submitted that the answering OP was informed by the OP insurance company  that despite several reminders the complainant failed to provide the required documents to the insurance company, hence, the claim of complainant was repudiated vide letter dated 30.11.2022.  In the end, denied for any deficiency in service   and prayed for dismissal of the complaint with costs.

3.                 Ops NO.1 & 2 did not appear despite issuance of registered notice, as such, they were proceeded against as exparte vide order dated 18.07.2023.

4.                 Complainant in evidence, tendered his affidavit Ex.CW1/A alongwith documents Annexure  C-1  to Annexure C-4 and closed the evidence on 02.01.2024.

5.                 On the other side, Ld. counsel for OPs No.3 & 4  tendered in evidence affidavit Ex. R-1 of Mr. Aman Bansal, authorized signatory on behalf of these Ops alongwith documents Ex. R-1 to Ex. R-9 and closed the evidence on 30.07.2024.

6.                 We have heard learned counsel for the contesting parties and perused the record minutely.

7.                 At the outset, it is evident from repudiation letter (Ex., R-9) that  claim to complainant has been denied by OP insurance company for non-submission of various document sought by them vide letters dated 25.04.2022, 28.05.2022 and 29.06.2022 (Ex.  R-6 to Ex. R-8) wherein it is mentioned that “We request you to kindly submit the following documents to enable us to process the claim- (i)As per investigation report and verification of documents, it has been noted that you have submitted only one ignition keys at the time of purchase of insured vehicle, hence please clear your stand that why you have not changed the lockset of insured vehicle to safeguard the vehicle from theft loss.  (ii) Original registration book, tax paid receipt and RTO form 26. (iii) Original form 28,29,30 signed by insured in three sets. (iv)Existence proof/service booklet, warranty card, purchase invoice. (v) Police Final untraced report duly accepted by the Ld. CJM. Original acknowledged copy of letter addressed to RTO informing theft of vehicle and making the vehicle non-use ensuring that you vehicle is updated blacklisted in Parivahan portal of RTO. (vi) Letter of subrogation on Rs.100/- stamp paper duly notarized,. Indemnity bond on Rs.100/- stamp paper duly notarized. KYC documents. Insured’s named cancelled cheque or passbook clear copy.

8.                 Complainant in order to prove his case has placed on record copy of FIR (Annexure C-2), copy of untraced report accepted by the Hon’ble court of C.J.M., Bhiwani wherefrom it is evident that the vehicle of complainant was theft on the alleged date and during the investigation of the police, it was not traceable.  As per insurance policy (Annexure C-1 pg. no.7), the vehicle was insured in the name of complainant having IDV of Rs.16,514/- from the OP insurance company or its intermediary-OP.

9.                 After hearing learned counsel for the parties and going through the record, we have observed that on the day of theft, the vehicle was under insurance cover and despite best efforts by police, it has not been traced out and the Court concerned accepted such report of the police. Therefore, the complainant is entitled to get IDV of the vehicle. As such, we are of the view that the documents placed on record by complainant are sufficient to release the claim of stolen vehicle. Accordingly the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within forty days from the date of this order:-

(i)       To pay a sum of Rs.16,514/- (Rs. Sixteen thousand five hundred fourteen) as IDV of the vehicle in question, to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till its realization subject to execution of letter of Subrogation and other formalities, if any, in favour of OP insurance Company and furnishing of affidavit & all other relevant documents qua transfer of vehicle in question in favour of OP(s) within 15 days from the date of receipt of certified copy of this order.

(ii)      Also to pay a sum of Rs.5000/- (Rs.Five thousand) as compensation for harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand five hundred) on account of litigation expenses.

                    In case of default, all the aforementioned awarded amounts shall attract simple interest @ 12% per annum for the period of default.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced.

Dated:26.09.2024.