Haryana

StateCommission

A/168/2015

KULDIP SINGH - Complainant(s)

Versus

BAJAJ ALLIANZ GEN.INSURANCE CO. - Opp.Party(s)

D.KUMAR

08 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                                 

First Appeal No.168 of 2015

Date of Institution: 168 of 2015     Date of Decision: 08.12.2015

 

Kuldeep Singh, S/o Sh.Gurbachan Singh, R/o VPO Rasoolpur, Mehatpur, Tehsil Nakodar, District Jalandhar.

     …..Appellant

                                                Versus

 

1.      Bajaj Allianz General Insurance Ltd. through its Chairman/Managing  Director, GE Plaza, Airport road, Yerwada, Pune-411006.

2.      Bajaj Allianz General Insurance Ltd., through its Manager, SCO No.14, Sector-5, Panchkula.

         …..Respondents

 

 

CORAM:   Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-    Mr.Devinder Kumar, Advocate for the appellant.

Mr. Rajesh Verma, Advocate counsel for the  respondents.

 

                                      O R D E R

 

URVASHI AGNIHOTRI, JUDICIAL MEMBER:

 

1. Kuldip Singh, complainant is in appeal against the Order dated 04.11.2014 passed by the learned District Consumer Disputes Redressal Forum (for short ‘District Forum’), Panchkula, whereby the complaint of Kuldip Singh - Complainant has been dismissed.

 

2. Sh. Kuldip Singh– complainant filed a complaint before the District Forum, Panchkula with a prayer to direct the OPs – Respondents to return the amount of Rs.12562/- and pay the compensation and litigation expenses.

 

3. Briefly stated, the Complainant – is owner of Maruti Swift Car bearing Registration No.PB08CC-8034. For the period ending with 16.06.2013, the vehicle was under insurance cover  issued by the National Insurance Company Ltd. For the period thereafter from 21.06.2013 to 20.06.2014, the vehicle was under insurance cover under Policy No.OG-14-1202-1801-00002086 issued by the OPs. The vehicle met with an accident on 12.10.2013. The complainant filed a claim, but the same was repudiated by the OP on the ground that the complainant had made a false representation that he had not made any claim from the previous insurance company, even though the complainant had obtained 20% No Claim Bonus from the OPs.

 

4. According to the OP, in the present case, the insured has mislead the OPs in order to claim compensation. The insured had given a false declaration and obtained 20% “No Claim Bonus” in the present Policy effective from 21.06.2013 to 20.06.2014 of vehicle No.PB08CC-8034. The previous policy was from National Insurance Company and it was revealed that the complainant had already obtained the claim in the previous policy. The claim of the complainant is not genuine and is rightly repudiated due to wrong declaration while obtaining the Policy, thus, there is no deficiency in service on the part of the OPs.

 

5. Against the impugned order dated 04.11.2014, the complainant has filed Appeal before us contending that his claim has wrongly repudiated by the Insurance Company. Admittedly, the OPs have repudiated the claim of the complainant on the ground that the complainant had taken the claim during the previous policy i.e. the National Insurance Company Ltd., but this fact was not disclosed by him at the time of taking the policy from the respondents and thus wrongly got the benefit of “No Claim Bonus”.

 

6. We have heard the learned counsel for the parties and have also gone through the record.

 

7. It has been established on record that the complainant had provided all the information regarding previous policy which had been mentioned on the cover note issued by the OPs. A perusal of the cover note reveals that there was no column in it regarding the previous accidental claim, if any, obtained or not. Moreover, no column was mentioned in it in which OPs had asked about the previous accidental claim and the information about the “No Claim Bonus”. Rather, it was the obligation on the part of the respondents / OPs themselves to verify as to whether any claim had been obtained from the previous insurance company or not. The insurance company has totally failed to discharge his obligation, hence it is non compliance of the General Regulations (GR-27) of Indian Motor Tariff.  
8. According to the Provisions of General Regulations (GR-27) of the Indian Motor Tariff, the OP was required to obtain declaration from the complainant with respect to ‘No Claim Bonus’ for the previous Insurance Policy and then to collect information from the previous insurer in this regard within 21 days from the date of issuing the insurance cover. But in the instant case the OP failed to produce evidence that declaration from the complainant was taken at the time of issuing the policy and that any letter was written to the previous insurer of the vehicle within 21 days from the date of issuing the instant Insurance Policy. Thus, the OP itself failed to adhere to the provisions of GR-27 of the Indian Motor Tariff. Thus, from the facts and circumstances of the case it is established that neither the OPs obtained declaration from the complainant at the time of issuing Insurance Policy nor was any letter written to the previous insurance company to collect information in this regard within the stipulated period of 21 days, which constitute a breach of the Tariff of GR-27 of the Indian Motor Tariff. Therefore, the respondent – OP cannot be absolved from its responsibility to pay the insurable benefit to the complainant. Learned District Forum failed to appreciate this important aspect of the case. Hence, the impugned order is liable to be quashed.
9. For the reasons recorded above, this appeal is accepted, the impugned order of the District Forum is set aside and the complaint is allowed. The respondents / OPs are directed to pay the amount of Rs.12562/- to the complainant along with interest @ 9% per annum w.e.f. date of the repudiation of the claim and lumpsum compensation of Rs.5000/-within a period of 45 days from the date of the receipt of the certified copy of this order.

December 08th, 2015

Mrs.Urvashi Agnihotri Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.