State Consumer Disputes Redressal Commission
The Icici Lombard General Insurance Co. ... vs Sri Dilip Kumar Sovasaria on 3 October, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/1031/2016 ( Date of Filing : 25 Oct 2016 ) (Arisen out of Order Dated 12/08/2016 in Case No. Complaint Case No. CC/17/2015 of District Siliguri) 1. The ICICI Lombard General Insurance Co. Ltd. Ghanashyam Building, 3rd Floor, Sevoke Road, P.O. & P.S. - Siliguri, Dist. Darjeeling, Pin - 743 001. ...........Appellant(s) Versus 1. Sri Dilip Kumar Sovasaria S/o Lt. Prem Chand Sovasaria, Anjali Apartment, 4th Floor, Punjabi Para, Shiv Mandir Road, P.O. & P.S. - Siliguri, Dist. - Darjeeling, Pin -734 001. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. Debajit Dutta, Mr. Swapan Bera, Advocate For the Respondent: Mrs. Banani Upadhyay Bhattacharjee., Advocate Dated : 03 Oct 2018 Final Order / Judgement Sri Shyamal Gupta, Member
The complaint case since been allowed in favour of this Complainant by the Ld. District Forum, aggrieved with such decision, this Appeal is moved by the OP Insurance Company, ICICI Lombard General Insurance Co. Ltd.
Facts of the complaint case, in brief, are that the Complainant lodged an insurance claim with the OP over loss of his insured vehicle. However, vide its letter dated 02-01-2014, the OP repudiated the said claim. After the Police submitted FRT and returned the keys of the car, the Complainant against approached the OP to reconsider its earlier decision, but in vain. In such circumstances, the complaint case was filed.
Case of the OP, on the other hand, was that the Complainant did not deposit the original keys of the car to the local Police Station. Since the Complainant resorted to falsehood in this regard, the instant claim was repudiated.
Decision with reasons We have heard the Ld. Advocates of the parties and gone through the documents on record.
Banking on the RTI reply given by the Office of the Commissioner of Police, Siliguri Metropolitan Police dated 01-11-2013, whereby they informed that their record did not reveal seizure of any key in respect of the subject vehicle, the Appellant repudiated the instant claim.
On the other hand, it is the counter case of the Respondent that after the FRT was filed, he insisted upon the local Police Station to locate the keys of the subject vehicle and after vigorous searching; the same was ultimately traced out and returned to him.
It is really not understood, when the Respondent firmly asserted receipt of both the keys of the insured car from the local Police Station, in case of any doubt, why the Appellant did not depute its investigator to find out the veracity of such claim of the Respondent from the concerned Police Station. It is noteworthy here that by serving a legal notice through his Ld. Advocate on 01-12-2014, the Respondent informed that he visited the office of the Appellant along with the keys and FRT to urge it to reconsider the earlier decision; however, the Appellant did not entertain him. There is nothing on record to show that any rebuttal was made from the side of the Appellant regarding the allegation made in the said legal notice.
That apart, be it the FRT or the Surveyor Report, we find complete unanimity as to the fact of theft of the insured vehicle. In such a scenario, stubborn refusal on the part of the Appellant to honour its contractual obligation was a clear instance of gross deficiency in service which cannot be allowed.
On due consideration of the material on record, we do not find any justification whatsoever behind Appellant's refusal to settle the instant claim. The Ld. District Forum rightly allowed the complaint case.
Hence, O R D E R E D The Appeal stands dismissed on contest against the Respondent with a cost of Rs. 25,000/- being payable by the Appellant to the Respondent. The impugned order is hereby affirmed. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER