IMPORTANT POINTS
(1) In case of theft of vehicle, breach of condition is not applicable.
(2) Theft of insured car – Once IDV of vehicle is fixed mutually and it endorsed on policy, insurance company shall be binding to settle claim as it is.

ORDER

Sunita C. Bagewadi, Member—This appeal is filed by the appellant/complainant being aggrieved by the order dated 23.4.2015 passed by the District Consumer Commission, Bengaluru (Urban) in CC.No.2558/2012 and prays to set-aside the order and grant such other relief as deemed fit.

2. The brief facts of the complaint is that, the complainant had validly insured his vehicle with the Opposite Parties during the period from 9-4-2009 to 8-4-2010 with an IDV value of Rs.5,13,350/- for his Hyundai Elantra Vehicle bearing No.KA-04-MB-4809 of the year 2005 model. On 31-12-2009 the appellant had gone to attend New Year Party at Chairman’s club, Sahakara Nagar, parking his car near Sterling Apartments Kodigehalli Main Road were the parking was arranged by the traffic police. The complainant further submitted that on return from the New Year Party at around 12.30 a.m. the complainant came to know that his car was missing from the parked place on 1-1-2010, immediately he went and informed the jurisdictional police and lodged a complaint, for which the police refused to receive the complaint on the pretext that some of the notorious person in drunken brawl might have taken his car and they would enquire and find the same and asked the complainant to come later. The complainant further submitted that in view of the precautionary measure, the complainant had lodged a police complaint through e-mail to the Police Commissioner on 1-1-2010. The complainant had again contacted the jurisdictional police on 2-1-2010 and the police gave lame excuse of tracing the vehicle for which the complainant had sent a complaint to the jurisdictional police through phonogram on 3-1-2010.

The complainant further submitted that the complainant later on 2-1-2010 had contacted the branch manager of the Opposite Party one Mr.Manjunath who had issued claim form and also intimated him about the said theft of the complainant’s car for which he had directed the complainant that unless and until the police complaint is not lodged and FIR is not registered claim cannot be registered. On 18-2-2010, the jurisdictional police had called the complainant and took written complaint and lodged an FIR and later after investigating the said case had filed a “C” report to the court.

The complainant further submitted that 1st Opposite Party had written a letter to the complainant on 10-5-2010 calling the complainant to explain the delay in lodging the complaint which was explained by the complainant by his letter dated 27-5-2010. Further submitted that though many reminders were sent and many mails were sent to the 2nd Opposite Party and 3rd Opposite Party for which the Opposite Party Nos.1 to 3 were pleased to reject the claim of the complainant by their letter dated 7-1-2011.

The complainant further submitted that the complainant had valid insurance covered to his vehicle as on the date of the theft of the vehicle and it is also not in dispute according to the Opposite Party Nos.1 to 3 that the complainant’s vehicle is lost, but only on the ground that the FIR is lodged belatedly the claim of the complainant is rejected for the inordinate delay caused by the jurisdictional police in lodging the complainant and registering the FIR which is not the fault of the complainant for which he has been penalized and hence the complaint.

3. After service of the notice, the 2nd Opposite Party has appeared through its counsel, the Opposite Party Nos.1 and 3 did not appear and they have been placed exparte. The 2nd Opposite Party filed version and contended that the complainant having failed to adhere to the mandatory terms and conditions of the policy is barred and precluded from alleging deficiency in service as against the Opposite Parties. The complaint is barred by limitation so the complaint is liable to be dismissed. Further the complainant as per the terms and conditions of the policy is required to intimate in writing to the insurance company immediately upon the occurrence of any a