Delhi

East Delhi

CC/654/2015

NIHAL SINGH - Complainant(s)

Versus

BAJAJ ALL. INS. - Opp.Party(s)

17 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 654/15

 

Shri Nihal Singh

S/O Shri Jai Narayan

Flat No. 102, Upper Ground Floor

Khasra No., 597/3, Ward No. 3

Mehrauli, Delhi – 110 030                                ….Complainant

 

Vs.    

 

M/s. Bajaj Allianz General Insurance Co. Ltd.

Through its Directors

Block No. 04, 7^th Floor, DLF Tower

15, Shivaji Marg, New Delhi – 110 015                      …Opponent

 

 

Date of Institution: 26.08.2015

Judgement Reserved on: 17.07.2018

Judgement Passed on: 23.07.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Nihal Singh against     M/s. Bajaj Allianz General Insurance Company Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant insured his Tata Indigo Car bearing registration number DL 1YB 6026 with M/s. Bajaj Allianz General Insurance Company Ltd. (OP) vide policy no. OG-13-1105-1803-00000589 for the period 07.10.2012 to 06.10.2013 for a sum assured of Rs. 2,48,727/-. 

          It was stated that on 10.06.2013, when driver Mr. Ravinder was driving and was on the way to Narnaul to Delhi, the car of the complainant met with an accident.  The complainant lodged his claim and submitted all the documents as per the instructions of M/s. Bajaj Allianz General Insurance Company Ltd. (OP) and its surveyor. 

          It was also stated that M/s. Bajaj Allianz General Insurance Company Ltd. (OP)  had been insisting on submission of documents to confirm the cause of accident and to clarify who was driving the car at the time of accident.

          The complainant kept on chasing M/s. Bajaj Allianz General Insurance Company Ltd. (OP) for settlement of claim, but all in vain.  Hence, the complainant prayed for payment of Rs. 2,48,727/- towards insurance claim of the vehicle alongwith interest @ 24% p.a.; compensation of Rs. 1,00,000/- on account of harassment, tension and agony and Rs. 20,000/- towards cost of litigation.

3.       In the Written Statement filed on behalf of OP, they have taken various pleas such as the cause of accident differs as per claim form and as per statement of the complainant; as per report of spot surveyor, the damages do not correlate with the cause of loss; no details of occupants travelling the car have been given and no MCD toll booth record provided.

          They have stated that the complainant did not submit the required documents despite various letters.  Hence, OP closed the claim on account of non-cooperation of the complainant.  Other facts have also been denied. 

           

4.       Rejoinder to the WS of OP was filed by the complainant where the contents of the WS have been denied and has reaffirmed the averments of her complaint. 

5.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has got exhibited documents such as copy of registration certificate (Ex.CW-1), copy of insurance cover note (Ex.CW-2), copy of driving license of Mr. Ravinder (Ex.CW-3), copy of letter dated 24.12.2013 (Ex.CW-4),   

          In defence, OP have examined Shri Dushyant Kumar Meena, an officer of OP, who has also deposed on affidavit.  He has also narrated the facts which have been stated in the WS.  He has got exhibited documents such as copy of insurance policy with terms and conditions (Ex. R I), letters dated 24.12.2013, 06.01.2014, 16.01.2014 (Ex. R II to R IV), repudiation letter (Ex. R V), survey report (Ex.R VI), report of investigator (Ex. R VII), statement of owner/complainant  (Ex. R VIII) and statement of driver (Ex. R IX).    

6.         We have perused the material placed on record as none has appeared on behalf of parties to argue, however, their written arguments filed on record are taken care of.  It has been stated in the written arguments, submitted on behalf of insurance company that they have asked for certain documents which the complainant have failed to produce. 

            On the other hand, complainant in the written arguments have stated that there was no necessity of these documents and the insurance company was trying to wriggle out its legal liability on flimsy grounds. 

            To appreciate the arguments of Ld. Counsel for the parties, a look has to be made to the repudiation letter of dated 25.01.2014 wherein they have made reference to their earlier letter of dated 24.12.2013, 06.01.2014 and 16.01.2014 asking for submission of documents.  They have stated in this letter that their claim has been repudiated due to non-cooperation in settlement of claim.  Without going into the plea taken by the complainant, it is evident from this letter that the insurance company have requested the complainant to submit the documents.  Non-submission of documents to the insurance company have led to repudiation of claim.

            Thus, the fact remains that repudiation have been due to non cooperation of the complainant.  When the complainant have not submitted the documents as required by the insurance company, the insurance company cannot be faulted on the ground of deficiency in service.  Thus, no case of deficiency on the part of M/s. Bajaj Allianz General Insurance Company Ltd. (OP) have been made out. 

            In view of the above, the complainant is directed to approach       M/s. Bajaj Allianz General Insurance Company Ltd. (OP) and submit all the documents as required on which M/s. Bajaj Allianz General Insurance Company Ltd. (OP) will dispose of the claim of the complainant within a period of 3 months.  There is no order as to cost. 

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

                                                     

 

            (SUKHDEV SINGH)

                   President