IMPORTANT POINT
Theft There is delay on part of the appellant in intimating the police regarding occurrence of the alleged theft, the insurance company cannot be held deficient in service on this ground also, as there is violation of policy terms and conditions.

ORDER

Dr. Monika Malik, Member.—Being aggrieved by the order dated 06.06.2022 passed by the District Consumer Disputes Redressal Commission, Jabalpur-2 (for short ‘District Commission) in C.C.No.152/2022 whereby the complaint filed by complainant/respondent has been allowed, the opposite party/appellant- United India Insurance Co. Ltd. (hereinafter referred to as ‘insurance company’) has filed this appeal.

2. The facts of the case as narrated by the complainant/respondent (hereinafter referred to as ‘complainant’) are that the complainant had purchased a tractor bearing registration number MP- 20 MB-2068 on 11.12.2017 for a sum of Rs.7,25,000/- which was insured with the opposite party-insurance company for the period w.e.f.11.12.2017 to 10.12.2018 for insured declared value (IDV) of Rs.6,88,750/- It is submitted that on 19.12.2017 he parked the subject tractor behind Shreyansh Tractor Shop at 7 pm and he did not find the same at 9 pm. Subsequently, on 21.12.2017 he lodged FIR with the police station- Panagar and the insurance company was also informed. On 31.05.2018 the insurance company sought certain documents which he furnished on 15.06.2018, despite that the insurance company did not pay the IDV of the vehicle. The complainant also gave registered notice dated 02.01.2021 to the insurance company to settle the claim within 7 days but the insurance company did not settle the claim till the date of filing of complaint. The complainant therefore alleging deficiency in service on part of the insurance company approached the District Commission seeking Rs.7,25,000/- with interest @ 12% p.a. along with compensation of Rs.5,00,000/- for mental harassment and Rs.25,000/- as costs.

3. The opposite party-insurance company in its reply before the District Commission submitted that on claim being received the insurance company appointed Surveyor Sunil Yadav for investigation who has submitted his report on 09.05.2018. During investigation necessary documents for deciding the claim were not received and therefore the insurance company sought documents vide letter dated 31.05.2018 from the complainant. On 21.09.2019 & 04.07.2020 letters were written to the complainant and FR was also sought. It is submitted that on 13.07.2020 police informed that the case is pending and therefore, the Final report cannot be produced. The insurance company also get verified the registration of the subject vehicle and it was found that the complainant had applied for registration of the subject vehicle and deposited requisite fee with the RTO Jabalpur after 8 days from the date of purchase of vehicle i.e. 11.12.2017. Thereafter on 21.12.2017 RTO Jabalpur registered the subject vehicle. The complainant did not apply for registration of the vehicle within time as per provisions of the Motor Vehicles Act, instead, he had applied belatedly which is violation of Motor Vehicles Act as also policy conditions and therefore the complaint is liable to be dismissed.

4. It is further submitted that theft took place on 19.12.2017 of which FIR was lodged on 21.12.2017 and the insurance company was informed on 23.12.2017 whereas as per policy conditions immediate intimation is necessary. The complainant therefore violated the policy terms and conditions in not intimating the insurance company in time. Since FR was not received the claim could not be decided. The complainant’s complaint is premature. Since there has been no deficiency in service on part of the insurance company, the complainant is not entitled to get any relief. It is thus prayed that the complaint be dismissed with costs.

5. The District Commission allowing the complaint directed the opposite party-insurance company to pay the claim amount of subject vehicle on total loss basis to the complainant within a period of two months. Compensation of Rs.15,000/- with costs of Rs.5,000/- is also directed to be paid. It is directed that if the aforesaid amount is not paid within two months, same will carry intere