Delhi

East Delhi

CC/415/2021

RAM KUMAR - Complainant(s)

Versus

NATIONAL INS. CO. - Opp.Party(s)

23 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 415/2021

 

	Ram Kumar R/o. G-11, East Jyoti nagar, Shahdara, Delhi-110032.	….Complainant
Versus
	The Manager/Official Concerned National Insurance Co. Ltd. Scope Minar, Core-3, 2nd Floor, Laxmi Nagar, Delhi-110092.	……OP

 

Date of Institution: 18.10.2021

Judgment Reserved on: 23.08.2023

Judgment Passed on: 23.08.2023

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms.Rashmi Bansal (Member)

 

Judgment By: Shri S.S. Malhotra (President)

 

JUDGMENT

 

1. By this judgment the Commission shall dispose off the complaint of the complainant alleging deficiency in service in repudiating the claim of the complainant w.r.t. stolen vehicle.
2. Brief facts as stated by the Complainant in the complaint are that he had a policy of his Truck bearing No. HR63A 7102 from the OP which was valid from 01.10.2019 to 30.09.2020. On 17.11.2019 his vehicle was stolen at about 4:00 AM from Glass Godown Metro Pillar No.18, back side of Police Station Loni Border and information was given to SHO, Loni Border on 17.11.2019 itself and thereafter the FIR No. 0862/2019 was registered on 23.11.2019. The information of the same was also given to OP, to appoint surveyor & to visit the spot on 26.11.2019 and the surveyor sought some documents which were given, police investigated the matter but could not find the vehicle & ultimately submitted final report before the Hon’ble Court of Ld. ACJM-Ist, Ghaziabad, U.P. which was accepted by the Court on 11.11.2019 and thereafter complainant lodged the claim with the OP but despite persuing much, the OP did not make any payment rather was avoiding the same on one pretext or the other, whereafter legal notice was served upon OP but the same was not complied with and as such he has filed the present complaint claiming the insured value of Rs. 4,57,800/- alongwith the interest @18% p.a., compensation of Rs. 1,00,000/- and litigation charges of Rs. 25000/-.  
3.  The OP has filed written statement taking preliminary objections that complaint is without any cause of action, it is malafide with intention to abstract the money from the OP, no cause of action has arisen in favour of complainant against the OP, there is no deficiency in service on the part of OP, the complainant has not come to court with clean hands the matter is complicated in nature and cannot be adjudicated upon by this Commission but is to be disposed off by Civil Court and the insurance company never rejected his claim of the complainant rather the complainant did not give the requisite documents and as such claim was ‘closed’ on account of the non-submission of required documents. As far as merits are concerned, it is submitted that during the survey the surveyor came to know that vehicle had been stolen midnight on 17.11.2019 while it was parked near Glass Godown Metro Pillar No.18, back side of Police Station Loni Border, GZB, UP and driver had. Reported the matter and FIR was registered on 23.11.2019 i.e. after delay of 6 days. It is further submitted that the surveyor demanded certain documents from the complainant vide email dated 21.05.202, 16.06.2020, 26.07.2020 and 12.08.2020 but since complainant did not provide the documents, the claim was closed. However the vehicle was stolen, and information was given to OP as well as to the Police is not disputed.
4. Complainant has filed rejoinder re-affirming the contents of the complaint, and it is specifically denied that complainant has not given the documents and its also denied that FIR was lodged on 23.11.2019 & it is stated that the call was made at Dial-100 on the same day and the Police registered the FIR only on 23.11.2019.
5. Complainant has filed his evidence by way of affidavit and OP has filed affidavit of evidence of Sh. Pradeep Singh, AR of the OP.
6. The Commission has heard the argument and perused the documents filed on record including final report as has been given by Hon’ble Ld. ACJM-Ist, Ghaziabad, U.P. Policy document, copy of FIR and related documents.
7. The basic contation of OP is that complainant, despite writing 4 emails by surveyor to him has not submitted requisite documents and therefore complaint/claim was closed. It is matter of record that when the matter was filed before this Commission and before filing the written statement by OP, it has not filed any application before this Commission that such documents be provided to the OP. Even otherwise if documents are not provided initially, which fact otherwise is denied by the complainant & once the documents have been filed and copy of thereof has been received by the OP’s. from the Commission & then thereafter the matter/claim should have been settled by the OP, but despite reasonable time has been passed the claim is not settled. The onus was on the OP, now that which documents were sought and which documents were not provided and OP has failed to prove the same. Further once the surveyor has reached the spot and no malafide has been alleged w.r.t. the incidence of theft the claim should have been settled by OP. Closure report has already been filed on Court-file. Therefore the OP has failed to prove that which particular documents were not given to it and the contention of the OP in this regard is not well found. The OP should have, after having received copy of the documents from the Commission to the OP should have reimbursed the insured value of the vehicle but it did not happen. Therefore deficiency on the part of OP stands proved and accordingly the OP is held liable for deficient service.
8. The OP is therefore directed to pay to the complainant Rs.4,57,800/- with interest @6% p.a. from the date of filing the complaint alongwith compensation of Rs.20,000/- and litigation charges of Rs.7500/-.
9. This Order is to be complied within 30 days from the receiving the same & in case the OP would not pay the amount within 30 days the rate of interest would be @9% from the date of filing the case upto the date of actual payment on the entire amount including of compensation amount.           
10. Copy of the Order be supplied/sent to the Parties free of cost as per rules.
11. File be consigned to Record Room.
12. Announced on 23.08.2023.