Delhi

West Delhi

CC/12/213

DEEPAK JETHWANI - Complainant(s)

Versus

BAJAJ ALLIANZ GEN INSURANCE - Opp.Party(s)

28 Aug 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO.213/12

Sh. Deepak Jethwani   S/o Sh. Bhgwan Jethwami    R/o Flat No. 2704 Plot No. 7  Sector 6  Gyan Shakti Apartments Dwarka   New Delhi-75.                                                            …….. Complainant

VERSUS

 The Manager,  Bajaj Allianz  Insurance  Co. Ltd.  Ist  DLF Industrial Plot,    2^nd Floor Near Moti Nagar Station                               ....…. Opposite Party

       

 O R D E R

 

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under

section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant  is the owner of Tata Indigo Car  registration bearing  number DL3C BB 0851 Model 2008  which was insured with  OP  vide insurance  policy number  OG-12-1101-1801-00001547 for which insurance premium of Rs. 7161/- was paid. The policy was valid up to   21.04.2012.  It is the case of the complainant that on 20.11.2011 at about 4.00 P.M.  when the complainant was driving  the said car and when  reached  at Main Crossing of Tilak Nagar New  Delhi the vehicle met  with an accident.  The complainant took  the car  for repair at authorized workshop  of  Tata  Motors Ltd. at Techno Automobiles at plot No.521 Nangli Sakarwati Industrial Area  Najafgarh Delhi and also  informed the Insurance Company about the  accident.  The surveyor  appointed by OP had  come to inspect the loss of  the said car  and after repeated reminder assessed  the loss of Rs. 4500/- only.  Despite reminders the Insurance Company did not assess the loss  with bona- fide intention  and therefore the complainant got the car repaired from Techno Automobiles after making payment of  Rs. 33,000/-.  The repair work was carried out by the complainant after the OP was duly informed, however, the OP did not pay repair charges for which complainant served OP  with legal notice   but of no avail. Accordingly  the complainant had filed the present  complaint claiming  Rs. 33,000/- being  repair charges and compensation of Rs.  15,000/-.  

2.     OP filed written statement by  taking  preliminary objections inter-alia that the claim of the complainant  has already been settled  for a sum of Rs.8681/-  vide cheque  No. 804495 dated  16.03.2012  drawn  on Standard Charted Bank but the complainant  has not  sent the discharged  voucher . 

3.     On merits the OP admitted  having issued Insurance Policy  in respect  of car  of complainant  for  the period  from 25.04.2011 to 24.04.2012.  It has been further stated that   out of  the amount  assessed by the surveyor  50% amount had been deducted on account of depreciation as per terms and conditions of the policy.   It is prayed the complaint be dismissed having no cause of action. 

4.     Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint along with documents exhibit CW-1/1 to CW-1/4.  On the other hand Sh. Seema  Sherawat  has filed affidavit in evidence on behalf of the OP alongwith documents exhibit RW-1/1 to RW1/5 reiterating all the averments has alleged in the written statement.  Both parties have also filed their written submissions.

5.     We have  heard learned Counsel for the parties and gone through the record carefully and thoroughly.

6.     The controversy involved in present case is as to whether the complainant is entitled to the relief claimed.  Admittedly the vehicle  of the insured,  which unfortunately met with a road accident, stood  insured with OP for  the  relevant period.  It is also admitted  that surveyor appointed by the OP assessed loss to the tune of Rs. 9181/- after deducting  50%  towards depreciation.  Now the question  arises as to whether the amount  assessed by surveyor  is justified  or  complainant is entitled to Rs. 33,000/- paid by  him to the authorized  service station from  where he got the vehicle repaired.  The complainant in support of its case has placed on record the invoice vide which repair work  was carried out by Techno Automobiles, the authorized service station of Tata Motors Ltd.  The complainant  has paid Rs. 33,000/-   for the repair work . On the other hand  the OP  has not shown any document  on the basis of which  Surveyor  in its report  calculated  that  loss to the tune of Rs. 9181/- was suffered by the complainant. It is stated by the complainant that  Surveyor  assessed  the loss on the terms  and conditions .  However, so called terms and conditions do not form  part of  insurance policy as a  result the insured  was kept under darkness  about the terms and conditions of the policy.  It is seen  in a number of  cases that the insurance companies seldom send terms and conditions  with the insurance policy and when a valid  claim  is filed they  would immediately  come out  with terms and conditions to thwart the justified claims of the innocent  people.  Such approach akin to unfair trade practice should be deprecated.  It is well now  settled law that terms and conditions of the policy if not furnished  to the insured should not be  permitted  to be  pressed into service on behalf of the Insurance Company , therefore, we are of the opinion with the deduction made  out by the OP for assessment of the claim of the complainant was unjustified and  unwarranted . 

6.     Keeping in view  the discussion and circumstances of the case it would meet the ends of justice if the complainant is awarded a sum of               Rs. 32,000/- with compensation of Rs. 10,000/- towards mental harassment  and  litigation charges. 

Copy of this order be sent to the parties as per rules.

   File be consigned to the record room. 

  Announced this__28^th _  ___ day of __August_______ 2018.

 

                                                                                                                       ( K.S. MOHI )                                                    (PUNEET LAMBA)                                                                                   PRESIDENT                                                              MEMBER