Insured Should Take All Reasonable Steps To Safeguard The Vehicle Insured From Loss Or Damages; Reiterates SCDRC Chandigarh

In this case, the complainant (Insured) purchased a Car for his personal use, from the authorized dealer in the year 2017, on raising loan from Vijaya Bank, Dera Bassi to the tune of 6,00,000/. On 21.10.2018, complainant visited the market for purchase of some household items and parked the said vehicle at Ram Leela Ground, Dera Bassi. The complainant went to the shop of one Sh. Ravinder Kumar who was having business of footwear. The complainant placed the keys at the counter of his shop, but, after purchasing the shoes, he found the keys were not there and after that the vehicle was found missing from the parking and FIR u/s 379/411 of the IPC was registered. The police failed to identify the offenders or recover the vehicle and prepared the untraced report. The claim was lodged with the Assurance Company, but it was repudiated on the ground that the complainant himself was negligent. Aggrieved by the act of Assurance Company the Insured filed complaint with District Commission for deficiency in service and unfair trade practice. District Commission, dismissed the complaint.

Aggrieved by the decision of District Commission the Insured filed an appeal before the Chandigarh State Commission under Section 41 of the Consumer Protection Act, 2019.

The issue for consideration before the State Commission was whether the Assurance Company is liable for the loss suffered by the Insured or not.

Upon carefully looking into the record of the District Commission,State Commission observed that the keys of the vehicle were placed by the appellant at the counter of the shop of Sh. Ravinder Kumar. It is not that the appellant inadvertently forgot the keys at the counter.

Commission stated that, there is nothing mentioned by the Insured in his complaint whether he forgot the keys or he simply placed the keys at the counter. It is but natural that many customers could have visited the shop where he placed the keys and theft could have been done by anybody.

Commission relied upon the case of Reliance General Insurance Company Ltd. vs. Daljeet Singh Kashmeer Singh Batth where it was stated that, the insured should take all reasonable steps to safeguard the vehicle insured from loss or damages.

Commission found that, the District Commission has relied upon the above judgment and came on the conclusion that the consumer complaint was meritless.

Chandigarh State Commission failed to find any cause or reasons to reverse the findings of the District Commission. Commission dismissed the appeal and upheld the judgment passed by the District Commission.

Case Name: Ex. NK. Hazara Singh v. New India Assurance Company Ltd.

Case No.: Appeal No. 120 of 2021

Corum: Justice Raj Shekhar Attri, President, Padma Pandey, Member and Rajesh K. Arya, Member

Decided on: 13^th June, 2022

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