The present complaint was filed by the titled complainant against the titled opposite parties upon receipt of the Partial Payment of his Car-Accident Insurance-Claim by the insurers in spite of the fact that his Car was insured under the Zero Depreciation Insurance Policy which means Bumper to Bumper Car Insurance under which in case of own party damage no depreciation gets deducted from the assessed loss. However, in the month of January' 2019, the insured vehicle had met with Roadside Accident and the complainant had paid Rs.107,699/- as repairs invoice-charges to the authorized motor workshop. However, the OP Insurer paid Rs.69,399/- in terms of the Surveyor's Report i.e., with a deduction of Rs.38,300/- whereas the zero depreciation insurance has been duly admitted by the OP along with receipt of its extra/additional premium. The complainant had demanded the balance amount from the OP but they refused to relent and thus prompted the present complaint.
2. Sh. Bharat Bhushan, a resident of Gurdaspur had got his Motor Car insured from the OP up to 20.03.2019 on Zero Depreciation Basis i.e., Bumper to Bumper Insurance. However, in the month of January' 2019 the Car got damaged in an accident resulting into an accident-claim. The insured car owner intimated the OP and got the damaged Car repaired @ Rs.107,699/- paid at the authorized workshop against the repairs invoice drawn upon him. He further completed all the requisites and formalities too, precedent to an accident claim and finally filed the insurance claim with the OP insurer, who appointed its Surveyor and the claim process was initiated. Incidentally, the Surveyor assessed the damage @ Rs.69,399/- and the same was paid to the complainant through electronic transfer. The OP refused to pay the difference and hence the present complaint. The complainant had filed his affidavit in support along with routine papers of the car.
3. The OP insurers appeared upon summoning through its counsel and filed its written reply pleading (along with the routine formals) that they have settled the claim in terms of Surveyor's Assessment of Damage. The Zero Depreciation Car Insurance has been duly admitted by the OP along with its additional premium. The OP have in support of prosecution of its defense have filed an Affidavit of its Divisional Manager Jai Krishan along with other formals, but omitted to produce/ file the Surveyor's Affidavit.
4. We have duly heard the learned counsels for both the sides, on points of law, and have also thoroughly examined the records with requisite care and caution on the points of fact, as placed before us. We are also inclined to examine the inference it’s ‘scope n spread’ on account of some documents ignored to be produced/ not-produced during the course of proceedings. We observe that the OP insurers have admitted the Zero Depreciation Bumper to Bumper Car Insurance and have also pleaded having paid the claim in terms of the Surveyor's Report. The impugned ‘deduction’ of the full insurance-claim, in question, by the OP Insurer had been unwarranted, arbitrary and unfair; neither in accordance with the provisions of the statutory law nor in conformity with the sanctity of natural justice, equity and good conscience. Further, it has violated with impunity the preferred consumer rights of the insured complainant causing him much physical harassment, mental agony and financial loss. Lastly, we hold the insurer guilty of statutory misconduct amounting to ‘unfair trade practices/ deficiency in service’ and thus liable to an adverse award under the provisions of the governing statute.
5. In the light of the all above, we order the opposite party insurers to pay the impugned claim @ Rs.107,699/- (Less already paid sum of Rs.69,399/- sans deductions) in terms of the Invoice Ex.C2 i.e., the Authorized Service Center's Repair Invoice of the accident-ed vehicle with interest @ 6% PA from the date of claim (till paid in full) besides Rs.5,000/- in lump sum as cost cum compensation within 45 days of receipt of the certified copy of these orders.
6. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
7. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (B.S.Matharu)
JUNE 16, 2022. Member.
YP.