Kamla Bai Jain vs Oriental Insurance Co. Ltd.

PETITIONER was the complainant before the District Forum, where she had filed a complaint, alleging deficiency in service on the part of the respondent.

VERY briefly the facts of the case are that the husband of the complainant (since deceased) had an Insurance Cover for his Santro Car lor Rs. 2,00,000. This car was stolen on the night of 7th and 8th July, 2003. The complainant''s husband preferred a claim for Rs. 2,00,000 with the respondent. The final report from the police was filed on 22.10.2003. In the meantime, unfortunately, the original owner of the car, i.e., the husband of the complainant died on 10.12.03 and thereafter the complainant pursued the matter with the respondent. The respondent asked for certain documents like Forms 29 and 30 duly completed in all respects and a Succession Certificate as also correct name of the deceased as they found difference between the name mentioned in the certificate and the name mentioned in the Policy. Since these formalities were not completed and claim was not getting settled, a complaint was filed before the District Forum, who after hearing the parties allowed the complaint and directed the respondent to pay Rs. 2,00,000 on total loss basis after getting Forms 29 and 30 executed from the complainant. If this amount was not made within 30 days then it was to carry interest @ 9% p.a. Not satisfied with this relief, an appeal was filed before the State Commission, praying for grant of interest from 22.10.2003 till the date of payment. State Commission after hearing the parties saw no merit in that appeal and dismissed the appeal. Hence this revision petition before us.

We heard the learned Counsel for the parties and also perused the material on record. There is no disputing the fact that as per material on record, the petitioner was asked to submit Forms 29 and 30 duly completed in all respects, which was not done, till after the order of the State Commission dated 10.8.2004. The payment was made to the complainant on 9.9.2004, i.e., within a period of 30 days of the passing of this order and noticeably after the Forms 29 and 30 has been submitted.

IT is not the case of the complainant that she had completed the formalities, like filling the Forms 29 and 30; this admittedly was done after passing of the order by the District Forum, after which money was paid within 30 days. Since the requisite formalities were not being completed by the petitioner in time, no deficiency could be fastened on the respondent. As soon as it was done money was paid. There is no question of paying any interest to the petitioner in this case.

THE learned Counsel for the petitioner also relies upon a circular dated 17.12.2003 in which the Regional Office of Indore of the Insurance Company had issued a circular to all the Divisional Officers that in case of theft claim, certain ad-hoc amount was to be paid and then 100% payment on submission of certified FIR along with untraced final report. This circular is dated 17.12.2003; in the instant case, car was Stolen on 7.7.2003; the Final Report from the police was filed only on 22.10.2003 and unfortunately the original owner died on 10.12.2003. Since this circular is dated 17.12.2003, it has no bearing with this case for the simple reason that the original complainant had died on 10.12.2003 and in order to save any future problems, complications for insurers, they asked for completion of Forms 29 and 30, which was not done. In the aforementioned circumstances, this circular will have no bearing on the merit of this case. In the aforementioned circumstances, we see no deficiency on the part of the respondent and we see no ground to interfere with the well-reasoned order passed by the State Commission, hence this revision petition is dismissed. Revision Petition dismissed.