PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.11/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Avinash Agrawal,

S/O- Jugal Agrawal,

R/O-Swadia Bhawan Near Petrol Pump No.2,

Khetrajpur, Jagannath Temple,PO/Ps-Khetrajpur, 

Dist-Sambalpur-768003.                                         .……….......Complainant.

Vrs.

1. The Manager, HDFC ERGO General Insurance Co. Ltd.

2^nd Floor, Paltinum Chamber, Budharaja,

PO-Budharaja, Ps-Ainthapali,

Tah/Dist-Sambalpur.

2. The Manager, HDFC ERGO General Insurance Co.Ltd.

3^rd Floor Hotel Pal Regency Pvt. Ltd. J-7, Jayadev Vihar

Bhubaneswar 751013(Odisha),

3. Customer Service Office, HDFC ERGO General Insurance Co.Ltd.

6^th Floor, Leela Business, park, Andheri Kurla Rod, Andheri(E),

Mumbai-400059.

4. Head office, HDFC ERGO General Insurance Co.Ltd.

1^st Floor HDFC House Backbay Reclamation, H.T. Parekh Marg,

Church Gate Mumbai-400020                       ......……….Opp. Parties

Counsels:-

1. For the Complainant                     :-         Sri. M.K.Gupta
2. For the O.P.s                                 :-         Ex-parte

Date of Filing:30.01.2023,Date of Hearing :25.04.2023, Date of Judgement : 29.05.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant after purchase of Electric Scooter No. OD-33AE-6236 insured vide policy No. 2312101181597800001 with O.Ps for the period 13.03.2022 to 12.03.2023.

On 15.05.2022 at about 1.00 P.M. when the vehicle was parked in front of his office at Industrial Estate road, Baraipali one unknown vehicle dashed the parked scooter and fled away. The matter was informed to customer care of OLA Scooter company and to the O.Ps.

On 16.05.2022 OLA authority came and took the damaged scooter away vide receipt No. 1171 and Job No. RZ-22366422. The OLA Flect Technologies Pvt. Ltd. forwarded a copy of estimate for Rs. 1,14,934/-.01P Claim was registered vide No. C2300222069437 dated 17.05.2022. Claim form, statement and copy of Driving Lincence of his father Jugal Kishore Agrawal were submitted to Rakesh Padhy, Surveyor of O.P. No.1.

During June 2022 1^st week investigator Bhabani Nath Nanda came and started enquiry hurriedly and fold to come in the evening but he failed to come. Letter No. 22/21 dated 04.06.2022 was issued by the O.Ps and sought for within 5 days.

1. Actual Place of loss
2. Share CC tv footage nearby i.e. Vikash School Gate ot TATA Power Office with the help of police.
3. Information about T.P. injury.

No investigation was conducted nor any CC tv footage was collected. Only formal visit was made by the investigator.

On 04.10.2022 when enquiry was made to Mr. Bhaskar, Surveyor, Bhubanswar letter dated 24.08.2022 was sent which was received on 04.10.2022. A pleader notice was served on 11.12.2022 but the O.Ps remained silent. Being aggrieved complaint was filed.

2. The O.Ps have been set ex-parte.
3. The Complainant submitted the following documents.

1. Copy on insurance policy No. 2312101181597800001 of scooter No. OD 33AE-6236.
2. Repair cost issued by OLA Flect Technologies Pvt. Ltd.
3. Receipt No. 1171 dated 16.05.2022.
4. Copy of claim form along with statement issued by the father of the Complainant.
5. Complaint lodged claim No. C230022069437 dated 17.05.2022.
6. Letter No. 22/21 dated 04.06.2022.
7. Closure letter dated 24.08.2022
8. Letter dated 23.06.2022.
9. Advocate notice dated 11.12.2022.

4. For the vehicle complainant paid Rs. 6603/- premium and 13.03.2022 policy proposal was received by the O.Ps. From job card dated 16.05.2022 and repair estimate dated 18.05.2022 it reveals that Rs. 1,14,934.01P estimate was made. Claim was made on 15.05.2022. From letter dated 04.06.2022 and 23.06.2022 it reveals that the O.Ps sought for actual location, CC TV footage of Vikash School gate or Tata Power office CCTV footage and TP injury made. On 24.08.2022 letter, the O.Ps repudiated the claim showing “no claim” as the Complainant failed to provide required information as per clause 1 of policy condition.

From the statement of the Complainant it reveals that in first week of June 2022 one Bhabani Nath Nada, Investigator had been to the office of the Complainant. When the investigator visited the spot and non-supply of investigation report amounts to deficiency in service. Insurance contract is a bilateral contact. When the Complainant not supplied the CCTV footage it was the duty of O.Ps to visit Vikash School or TATA Power office to collect the CCTV footage and to ascertain actual truth. Repudiation of claim unilaterally made on ground of non-supply of documents can not be a ground of repudiation in this case. The investigator not performed his duty properly. Accordingly, the repudiation letter is not acceptable under the law. It is set aside.

The O.Ps are deficient in their service and accordingly, it is ordered:

                                                     ORDER

The complaint is allowed on contest against the O.Ps. the O.Ps are directed to pay Rs. 1,14,934/- to the Complainant to-wards repairing charged and deficiency in service compensation of Rs. 50,000/- and litigation expenses of Rs. 5000/- within one month of this order. In case of non-payment the entire amount will cover 9 % interest w.e.f. 18.05.2022 till realisation.

Order pronounced in the open Court on 29^th day of May 2023.

Supply free copies to the parties.