Dear Friends,
I am writing this compliant on behalf of my brother. The fact is that my brother was owning a Chevrolet Tavera White color, T-Board and it was stolen from the carriage where it was left for repairs. the police people filed a case based on the compliant given by the carriage owner and my brothers compliant was kept aside, and the non-traceable certificate was issued after 6 months. Also a final order from the court was also obtained and produced. Based on the promise by the insurance officials the vehicle finance is repaid by borrowing private loan from friends with penalty interest and NOC and Form 35 is also produced. even after all the papers produced the claim was repudiated on lame reasons. to get a clear idea u can also read the representation made to the grievance cell as appeal is given below. can any one help me how to proceed with the claim. Expecting help from good hearted friends.
regards
Raghuraman, Assistant Professor
Letter to grievance cell.
To
The Grievance Cell
National Insurance Company Limited,
Chennai Regional Office,
2nd Floor, No.190, Hamid Building, Annasalai,
Chennai - 600 006.
Sir,
Sub: Theft claim- Repudiated- The reasons for repudiation shown are based on assumption and not on facts - Request to review the claim application on real facts – reg.
Ref: 1. Letter No.500300/ Motor OD claim/RS/sk dated. 24.11.2009 from Divisional office III, Chennai.
2. OD Claim No.500300/31/09/6390000014
3. Policy No. 500300/31/08/6300000786
4. Policy Period - 31.12.2008 to 30.12.2009
5. Vehicle No. TN 22 AT 9888.
1. I submit this letter to you to reconsider and review my case on real facts. I received letter vide ref. 1 cited above on 26.11.2009. The SR. Divisional Manager III has repudiated my insurance claim to my theft vehicle vide ref. 4 cited above which is insured with you vide ref. 3 cited above. I want to bring your kind notice the following reply on real facts for your kind perusal and reconsider my case.
2. I state that with regard to the SR. Divisional Manager III statement in the said ref. 1 cited above “There has been delay of one month in reporting the theft to the police.” I have reported the said occurrence on 06.04.2009 itself. The police received the complaint and orally enquired about the said incident. I narrated the incident to them as follows “The Car Park is a Service centre and I used to leave my vehicle there for repairs. On 04.04.2009 at 4.30 PM, as usual I have taken my vehicle there to replace some shock observer. Since I knew the owner of the car park well, I have casually told my intention and my willingness during our discussion that if any party comes for good price, I am ready to sell my car. Then I was asked to leave the car in front of his workshop since there was no place inside the workshop and I did accordingly. I was told on 06.04.2009 morning that my car was stolen by some unknown person. We both searched the car here and there with sincere efforts and our efforts were put in vein”.
3. I State that the Inspector of Police, crime branch Villivakkam Police station one Muniasamy demanded the workshop owner if he gives a complaint that will be very much useful to him for further investigation. After receiving a complaint from him, he promised to file F.I.R after getting necessary instruction from his higher ups. Then the police inspector tendered many excuses for his inability to meet his Assistant Commissioner, Villivakkam due to his tight schedule of work and did not file the F.I.R.
4. I State that I met Assistant Commissioner, Villivakkam in person regarding the delay in filing F.I.R. After that only the Inspector of Police called the said workshop owner Pravin Jain Kothary and asked him to give some names of the suspects who were visiting his workshop on the previous day of occurrence. In turn Workshop Owner told the said Inspector of police that one of his former labour name one Prabhakar. Immediately the said Inspector asked another complaint from the said Pravin Jain Kothari by including the suspect’s name and again promised to file the F.I.R. with in short period. In the meantime I reported the delay to the higher police officials for not filing the F.I.R.
5. I State that finally on 05.05.2009, the above said Inspector of Police, crime branch Villivakkam Police station registered an F.I.R in Cr.No.246 of 2009 u/s.406 I.P.C. I was given the said F.I.R. copy after two days. I got surprise and shock and reported the said matter to the Assistant Commissioner, Villivakkam that the said Inspector of police registered the complaint in wrong section of 406 I.P.C. instead of Theft case under section 379 I.P.C. in order to avoid the embracement from his higher officials and then the F.I.R was altered on 20.05.2009 as theft case u/s.379 I.P.C. instead of U/s.406 I.P.C and not included the section 379 I.P.C. with existing section 406 I.P.C.. Hence this is strictly a case of theft and not a case of Criminal breach of trust and also the delay of one month to file the F.I.R. and the Registration of F.I.R. is not my mistake. The police altered the F.I.R. and also informed to the concerned Learned XIIIth Metropolitan Judicial Magistrate, Egmore. This was clearly stated in the report submitted to the Magistrate for Alteration in F.I.R. by the Police authorities on 20.05.2009. The said alter F.I.R. Xerox copy was given to me only on my representation dated 27.05.2005 by registered post to the higher officials. The mistake committed by the police authorities should not be put on the heads of the Insured.
6. I state that there was no contract between my self and Car Park Owner at any point of time. I left my car on 04.04.2009 at 04.30.PM for repairs in front of the workshop with the information to the workshop owner.
7. I state that I have not violated at any point circumstances the condition No.5 of the commercial vehicle package policy. I have taken all reasonable steps and left the vehicle with the information to the carriage owner.
8. I state that my insurance policy cited in ref. 3 above is a comprehensive one.
9. I state that The SR. Divisional Manager III has already deputed his investigator. I and the workshop owner narrated all the above said real facts to him and the said work shop owner subsequently submitted an explanation to you in this regard on 13.10.2009.
10. I state that knowing well all the said facts, the SR. Divisional Manager III has claimed Form 35 along with No Objection Certificate from the financiers to process my claim. Since the GMAC financiers demanded to settle the entire balance amount to issue the said Form 35 along with No Objection Certificate. I remitted the entire balance nearly Rs.2.4 Laks amount to the said financiers and submitted the said Form 35 along with No Objection Certificate from the financiers to the SR. Divisional Office III.
11. I state that the further the Sr. Divisional Manager III has demanded to submit the Notarized Letter of Subrogation and Indemnity Bond executed in Non-Judicial Stamp Paper to process my claim after knowing all the above facts. After that at the eleventh hour the SR. Divisional Manager III repudiated my claim with no grounds.
12. I state that the police authorities have submitted their report to the Hon’ble Court stating that the said case is a purely Theft case and not a case of Criminal Breach of Trust. The Court has also disposed the said case accordingly. But the Divisional Manager III has taken the section 406 I.P.C alone though it was already altered and repealed but not consider the section 379 I.P.C. The case has to be decided on the entire facts and not to be decided on the portion of the facts. If the case is decided by taking a portion of facts which are favour to the Insurance Company’s alone, then the justice can not be rendered.
13. I state that the SR. Divisional Manager III has taken decision only based on the section 406 I.P.C of F.I.R. It is only first Information to the Police. The Police submitted a final report to the Hon’ble Court after thorough investigation as it is a purely theft case. But he did not consider the final report of the Police and hence the decision taken by the SR. Divisional Manager III based on the information and not on the final report is not valid before law.
14. I state that even for argument shake, it is accepted that my claim is repudiated under section 406 I.P.C; it is not applicable to my case. Because the said section 406 I.P.C. says “Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust". In this case the person has neither entrusted the property nor has committed any mistake either by way of dishonest or misappropriate the said property for his own use. Hence the competent authority misunderstood the section 406 of IPC and it is not applicable in this case in hand. Knowing all the above said facts, the investigating authorities of the police, after thorough investigation, realizing their mistake, they have altered the F.I.R. from Sec406 I.P.C. to 379 I.P.C. and not added the 379 I.P.C. with 406 I.P.C.
15. I state that the police have given the Non Traceable Certificate only u/s 379 I.P.C. and they did not spell anything about the section 406 I.P.C. They are the competent investigating authorities under law. Hence my claim has to be considered on the final report of the Police Investigation.
16. I state that the SR. Divisional Manager III & the competent authority in his letter ref.1 cited above that I have violated the Policy Condition No.5 of the Commercial Vehicle Package Policy for which he has repudiated my claim. Our Hon’ble Apex Court has passed orders in favour of insurer in such similar cases as “in the case of theft of vehicle breach of condition is not germane. The appellant Insurance Company is liable to indemnify the owner of the Vehicle when the insurer has obtained comprehensive policy for the loss caused to the insurer”. Therefore the question does not arise that I have to lodge the complaint against the workshop owner. And hence I am legally eligible for claim.
17. I state that our Hon’ble Apex Court has observed “in a case of theft of vehicle, nature of use of the vehicle can not be looked into and the Insurance Company can not repudiate the claim on that basis” Hence my claim is genuine.
18. I state that I want to bring to your kind notice that the Delhi State Consumer Disputes Redressal Commission, headed by Justice JD Kapoor, dismissed an appeal filed by New India Insurance Co. stating that “"Even if we accept that somehow or the other the company was not intimated about the change of user (category) or change of ownership, still the claim of the respondent was a rightful claim." But in my case mere leaving the vehicle for repairs in a work shop and requested the workshop owner and stated orally ‘if any person offers for good price I am ready to sell the same’ and is nothing more than that. Therefore my claim is a rightful claim.
19. I state that looking from any corner the repudiation of claim by the Divisional Manager III to the said vehicle vide ref. 4 cited above is not correct.
Therefore I request that the Learned Authority of Grievance cell may be pleased to consider the above facts and take necessary action to cancel the earlier repudiation order issued by the SR. Divisional Manager III & competent authority in his letter No. 500300/Motor OD Claim/RS/sk dated 24.11.2009 and pass orders on the real facts and accept my genuine claim.
Yours
G. Venkatesh Babu
Copy to.
1. The Chairman, Head Office, 3, Midleton Street, Kolkatta.
2. The General Manager, Head Office, 3, Midleton Street, Kolkatta.
3. The Deputy General Manager, The Regional Office, Anna Salai, Chennai.
4. The SR..DIVIL.Manager, Divisional Office - III, 751 Annasalai, Chennai


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