DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.294 of 24-06-2011 Decided on 21-11-2011
Gurmail Singh, aged about 65 years, son of Jugraj Singh, R/o Opp. Airtel Tower, VPO Jeeda, District Bathinda. .......Complainant Versus
Bajaj Allianz General Insurance Company Limited, Branch Near HDFC Bank, Bathinda, through its Branch Manager. Claim Department, Bajaj Allianz General Insurance Company Limited, SCO 329, Sector-9, Panchkula, through its Head Sh. Amandeep Hundel.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President Sh. Amarjeet Paul, Member Smt. Sukhwinder Kaur, Member Present:- For the Complainant: Sh. Kirpal Singh, counsel for the complainant For Opposite parties: Sh. Sanjay Goyal, counsel for opposite parties
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant purchased the Insurance Policy to insure his car i10, make Hyundai, Model 2008 bearing registration No.PB-03-T-1508 after paying Rs.6,652/- as premium with the opposite parties as such, his vehicle was insured vide Cover Note No.MC1000574423 dated 20.11.2010 for the period from 03.12.2010 to 02.12.2011. The complainant has alleged that on 21.05.2011, there was Dust Storm and the complainant came to Goniana Mandi on his above said vehicle and when he came back on his car, the rear axle hit with stone and due to this dent occurred in Torsion Axle, the complainant approached the opposite party No.1. who told him to get check up his vehicle from Raja Hyundai, Raja Motors, Mansa Road, Bathinda where the mechanic after checking the vehicle, informed him that there is a dent in Torsion Axle and the same should be replaced. The Engineer of Raja Motors called Amandeep Singh Surveyor in the agency who inspected the vehicle and told the Engineer that there is a dent of 1 mm in Torsion Axle and asked to replace the same and assured that the said part will be claimed from the Insurance Company. On the assurance of the surveyor, the company replaced the Torsion Axle and the complainant paid Rs.6,741.75 to the company. Thereafter, the complainant lodged the claim with the opposite parties and completed all the formalities but the opposite parties vide their letter dated 14.06.2011 have rejected the claim of the complainant on the ground that the loss mentioned in the claim is not accidental in nature. Hence, the complainant has filed the present complaint for seeking directions of this Forum to pay Rs.6,741.75 alongwith cost and compensation. 2. Notice was sent to the opposite parties. The opposite parties after appearing before this Forum, have filed their joint written statement and pleaded that on receiving the information from the complainant, the opposite parties appointed a surveyor Mr. Kamaljit Singh who inspected the vehicle and found that the losses are not correlating with the cause of loss as mentioned in the Claim Form and the said loss is not accidental in nature. The opposite parties have denied that they asked the complainant to get his vehicle check up from any repair workshop of Raja Hyundai or Raja Motors and the surveyor asked the Engineer to replace the Torsion Axle or that the part will be claimed from the opposite parties. The opposite parties are not bound by the observations given by the Employee of the repair workshop. The remarks given by the repairing workshop to save their own skin and not by the surveyor of the opposite parties. The independent surveyor assessed the loss to the vehicle of Rs.5,996/- which was payable subject to terms and conditions of the policy. The claim has been rightly repudiated as the claim was not accidental in nature. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the parties perused. 5. Admittedly, the car of the complainant, i10, make Hyundai, Model 2008 bearing registration No.PB-03-T-1508 is insured with the opposite parties vide Cover Note No.MC1000574423 dated 20.11.2010 for the period from 03.12.2010 to 02.12.2011. 6. The complainant has submitted that on 21.05.2011, when he was returning back on his car, the rear axle hit with stone and due to this dent occurred in Torsion Axle, he approached the opposite party No.1 who told him to get it checked from Raja Hyundai, Raja Motors. The mechanic of Raja Motors after checking the vehicle, told the complainant that there is a dent in Torsion Axle and the same should be replaced and the engineer of Raja Motors called Amandeep Singh Surveyor in the agency who inspected the vehicle and told that there is a dent of 1 mm in Torsion Axle and asked the engineer to replace the same and assured that the said part will be claimed from the opposite parties. On the assurance of the surveyor, the Raja Motors replaced the Torsion Axle and for this, the complainant paid Rs.6,741.75. The complainant lodged the claim with the opposite parties and completed all the formalities but the opposite parties vide their letter dated 14.06.2011 have repudiated his claim on the ground that the loss mentioned in the claim is not accidental in nature. 7. The opposite parties have submitted that on receiving the information from the complainant, the opposite parties immediately appointed the surveyor Mr. Kamaljit Singh who inspected the vehicle and informed that the losses are not correlating as mentioned by the complainant in his claim Form and the loss is not accidental in nature. The opposite parties have submitted they have never asked the complainant to get his vehicle checked from any repair workshop of Raja Hyundai or Raja Motors and the surveyor asked the Engineer to replace the Torsion Axle or that part will be claimed from the opposite parties. The opposite parties are not bound by the observations given by the Employee of the repair workshop. The remarks are given by the repairing workshop to save their own skin and not by the surveyor of the opposite parties. The independent surveyor assessed the loss to the vehicle of Rs.5,996/- which was payable subject to terms and conditions of the policy. 8. The complainant has placed on file Ex.C-2 Invoice issued by Raja Hyundai, Raja Motors, Bathinda for Rs.6,741.75 for Torsion Axle Complete. The Job Sheet issued by Raja Hyundai, Raja Motors vide Ex.C-3 shows that the Torsion Axle found dent due to external impact from a pit heac, this is not a manufacturing defect. On the bottom of this Job Sheet, it has been written, “Torsion Axle Complete defected and this is not a manufacturing defect, this caused due to external impact. Should cover under Insurance claim.” 9. The complainant got his vehicle repaired and paid Rs.6,741.75 and had lodged the claim with the opposite parties. The opposite parties issue a letter to the complainant Ex.C-5 dated 14.06.2011. The relevant portion of this letter is as under:- “After receiving the intimation on 27.05.2011, we immediately deputed the surveyor Mr. Kamaljit Singh, who visited the workshop where the vehicle was placed for repairs. During the inspection, he found that the losses are not correlating with the cause of loss mentioned by your goodself in the claim Form and are not accidental in nature. Please clarify within seven days from the date of this letter as to why the claim should not be repudiated.” Thereafter, the opposite parties have rejected the claim of the complainant vide Ex.R-2 dated 23.06.2011. The relevant portion of this letter is as under:- “Please refer your reported insurance claim and letter sent to you on 14.06.2011 for which your good self have failed to submit any reply till date. Therefore, in the absence of any response from your side, we have no other option except to repudiate the claim. In view of the above, your claim stands repudiated, accordingly the same may please be noted.” 10. The Final Survey Report Ex.R-4 shows that the cause of loss mismatch with cause of loss. Sh. Karamjit Surveyor has also deposed in his affidavit Ex.R-5 in para Nos.3&4 that on 27.05.2011, the deponent has visited the workshop of Raja Hyundai, Bathinda and inspected the above said car in question and found that the losses were not correlating with the cause of loss as mentioned by the complainant and the alleged loss was not accidental in nature. The damage to Torsion Axle was not due to any external impact. The report of the survey made by the deponent was submitted with the opposite parties and the same is correct as per actual position. The deponent never asked the complainant to get replaced the Torsion Axle nor ever assured that the same shall be claimed from Insurance Company i.e. opposite parties. 11. The complainant had taken his vehicle to Raja Hyundai Raja Motors for repair which is authorized service centre of Hyundai and their mechanic has specifically mentioned on the Job Sheet that the Torsion Axle found bent due to external impact from a pit heac, this is not a manufacturing defect. The report of expert in the shape of Ex.C-3 which is sufficient to prove that the the Torsion Axle had dent due to external impact from a pit heac due to which it has damaged. 12. The opposite parties have asked the complainant to get checked his vehicle from the Raja Hyundai, Raja Motors, just to shed their liability, they are making false pleas. The surveyor has assessed the loss to the tune of Rs.5,996/-. The Final Surveyor Report placed on file is incomplete. A perusal of this surveyor report Ex.R-4 shows that this is an incomplete document. It is not on the letter head of the surveyor. In this surveyor report, the address of the surveyor is mentioned, except his address, no identity of the surveyor is given. Name of the surveyor is also not mentioned, his licence number is also not given. The surveyor is an independent person/agent holding a valid licence approved by IRDA but in the case in hand, the final survey report is prepared afterwards. Moreover, the opposite parties have not specifically denied that they have sent Amandeep Singh Surveyor, on whose recommendation, the complainant got replaced Torsion Axle from Raja Hyundai, Raja Motors. The surveyor Kamaljit has filed a wrong and false affidavit as the address in the surveyor report is mentioned as that of Jalandhar whereas he has mentioned his residence at Bathinda. The relevant portion of his affidavit i.e. the very first line:- “I, Kamaljit Singh Surveyor, resident of Bathinda.” Hence, the surveyor has given wrong affidavit on asking of the Insurance Company. Such illegal practice needs to be snabbed and discouraged by the Courts and the exemplary fine be imposed on such person along with the insurance companies. In the whole report, the surveyor has nowhere mentioned that there was manufacturing defect and has also not disclosed any particular cause due to which the Torsion Axle has been defective. Such false report cannot be relied upon. 13. Therefore, in view of what has been discussed above, this Forum is of the considered view that there is deficiency in service on the part of the opposite parties for repudiating the claim of the complainant. Hence, this complaint is accepted with Rs.20,000/- as cost and compensation and the opposite parties are directed to pay the amount spent by the complainant for repair the Torsion Axle to the tune of Rs.6,741.75 as per Ex.C-2. The opposite parties can recover the half of the amount of Rs.20,000/- from the personal pocket of the surveyor Kamaljit Singh, for filing the false affidavit before this Forum. Compliance of this order be done within 45 days from the date of receipt of copy of this order. In case of non-compliance, interest @ 9% P.A. will yield on the amount of Rs.6,741.75 till realization. A copy of this order be sent to the parties concerned free of cost and a copy of this order also be forwarded to IRDA, Head Office, Insurance Regulatory and Development Authority, 3rd Floor, Parisrama Bhavan, Basheer Bagh, Hyderabad-500004, Andhra Pradesh (India) for taking necessary action against the Insurance Company and Karamjit Singh and file be consigned for record. ' Pronounced in open Forum 21-11-2011 (Vikramjit Kaur Soni) President
(Amarjeet Paul) Member
(Sukhwinder Kaur) Member |
