“DISTRICT CONSUMER FORUM VADODRA HELD THAT AN INSURANCE CLAIM FOR THEFT OF A VEHICLE CAN BE FILED WITH THE INSURNANCE CO. EVEN AFTER LAPSE OF 48 HOURS PERIOD WITHIN WHICH THEFT IS TO BE REPORTED TO THE ISNURER AS PER THE TERMS OF THE INSURANCE POLICY/CONTRACT”

In this case the Complainant before the District Consumer Forum had purchased a two wheeler in the year 2016.

In the month of February, 2021 the Complainant had his two wheeler insured with an Insurance Company for a period of one year i.e., till February, 2022.

In the month of October’ 2021 the vehicle of the Complainant got stolen and he fled an online police complaint regarding the theft after three months.

Subsequently the Complainant raised a claim of theft of his Vehicle with the Insurance Company which had insured his two wheeler.

However the above claim of the Complainant was rejected by the Insurance Company for the reason that the report/information about the theft of the vehicle was not raised by the Complainant to the Insurance Company within 48 hours of the theft which was mandatory in terms of the Insurance policy/contract.

The Complainant thereafter filed a consumer complaint before the District Consumer Forum, Vadodra against the Insurance Company for rejecting his claim.

The plea of the Insurance Company before Forum was same i.e., the Complainant had flouted the terms of the Insurance policy by reporting about the theft to the police after 97 days and to the Insurance Company after 103 days.

Whereas in terms of the policy, the claim ought to have been raised by the Complainant within 48 hrs of the theft.

Further the Insurance Company also contended that the complainant was negligent as he forgotten to lock the steering of the vehicle on the day of the theft.

The plea of the Complainant against late filing of his claim of theft with the Insurance Company was that he was searching for his stolen vehicle.

The District Consumer Forum after hearing both the parties was of the view that the plea of the Insurance Company that the Complainant was negligent as he had not locked the steering on the day of theft was not maintainable since there was no evidence to the said effect.

As against the plea of the Complainant that he delayed in filing of the claim with the Insurance Company since he was searching for his stolen vehicle all that while was also not considered by the Forum as it was of the view that it is not possible that someone would keep searching for the stolen vehicle for 97 days and then report to the police and raise an insurance claim with the Insurance Company after 103 days.

The Hon’ble Forum considering the fact that there was a violation of the terms of the Insurance policy by the Complainant as he delayed in filing the claim, the Forum ordered the Insurance Company to pay 70% vehicle’s price on the day it was stolen with interest @ 8% from the day of filing of the Complaint till it is paid.

Additionally the Forum also ordered the Insurance Company to pay Rs. 1000 each towards legal cost and mental harassment caused to the Complainant.

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