This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this compliant has submitted the complainant purchased one Maruti Swift D’Zire VDI car from the OP4. OP6 is an insurance agent of OP1 and the said car is manufactured by the OP3 and registration of the said car is WB 12C 7575 and said car has been purchased by the complainant for his personal use by obtaining financial loan/assistant from ICICI Bank Ltd. to which the said car is hypothecated and the price of the said car was Rs.6,77,919/- and the complainant had to pay an additional sum of Rs.67,124/- on account of Basic Kits, Handling Charges, Extended Warranty Road Tax and Registration, Service Tax on extended warranty and for insurance policy. On road price of the said car was Rs.7,45,043/- and the said car was delivered to the complainant by the OP4 on 26-11-2012 upon receipt of the price of the car as well as all the aforesaid charged, costs, insurance premium and taxes and that insurance and dealer who supplied the car was bound to do all such act for insure the same and initially the dealer insured the said car with Royal Sundaram Alliance Insurance Company Pvt. Ltd. and same was processed and completed by the OP4 and a total premium of Rs.16,969/- was realized by the OP4 from the complainant towards effecting motor vehicle insurance under Royal Sundaram Alliance Insurance Company Pvt. Ltd. and OP4 completed road tax registration of the said vehicle etc. including insurance matter but suddenly complainant discovered that though the said OP collected the first motor insurance premium from him under Royal Sundaram Alliance Insurance Company but at the time of delivery of the said car a purported policy document was issued in the name of the complainant but in reality through some manipulation either by the Royal Sundaram Alliance Insurance Company Pvt. Ltd. or the employees of the OP4 or by the employees of both, the said policy was endorsed and insured in the name of some other person in the system of Royal Sundaram Alliance Insurance Company Pvt. Ltd. and such matter was detected and reported to the OP4 and complainant took up the matter with the OP4 and after releasing such gross mistake, mis-representation and deficiency on their part, immediately arranged for a fresh motor insurance policy for the said car of the complainant with Bajaj Allianz General Insurance Co. Ltd.(OP1), through the agency of the OP5 by payment of premium.
OP1 after inspection of the said car of the complainant and after scrutinizing the documents and papers pertaining to the said car through its agent i.e. OP5 and being satisfied about the same, issued a motor vehicle insurance policy in the name of the complainant in respect of the said car of the complainant being policy no.OG-14-2401-1801-00012261 on 22-06-2013 at 10:20 a.m. and it was a valid policy.
On 30-06-2013 when the complainant was travelling from Kolkata to Delhi by road, while he was driving the same met an accident at a place near Chaubaran within the jurisdiction of Chaubaran P.S. in the state of Jharkhand and on the result of the same severe damage was caused and after absorbing the initial shock and trauma, the complainant caused intimation about the said accident of the said car to be sent to the police authority at Chaubaran P.S. Thereafter, the OP 6 being the authorized service and repairing centre of the OP3 was also informed about the car in question within a short while that the said car had been totally damaged and thereafter, it is towed to the workshop of the OP6 with the help of a towing vehicle and the intimation of loss/damage to the said car was immediately forwarded by the said authorized service centre of the Ranchi Office of the OP1 and the extent of damage said car of the complainant was ascertained in the service and repairing centre of the OP6 on 30-06-2013. Accordingly, pursuant to the said loss intimation, on 23rd July, 2013 at around 10:05 a.m. an e-mail was received by the complainant the e-mail of which is the official e-mail id of an executive of the OP1 whose name is Surjeet Kumar and when the said e-mail of Bajaj Allianz General Insurance Co. Ltd. was attached and in the said e-mail dated 23-07-2013 the claimant was asked to send a signed claim form to the OP1 ad the said claim form was downloaded by the claimant and was sent to the Ranchi Office of the OP1 by the claimant after signing the same.
On the same date on 23-07-2013 complainant received another e-mail from the same executive whereby complainant was asked/instructed to send a signed CAC Form and signed Indemnity form to the OP1 and in compliance of such instruction the claimant sent all the documents as mentioned in the aforesaid two e-mails dated 23-07-2013 to the Ranchi Office of OP1. However, no step has been taken by the OP towards settlement of the claim of the complainant in spite of passing of several months and in the meantime complainant on several occasions contacted the Kolkata Regional Office and Ranchi office of the OP1 as well as the OP6 to enquire as to when the aid car of the complainant shall be handed over to the complainant after necessary repair but no response was made from the OP1 after several telephone calls. But it was received from the OP6 the its approval of settlement of the insurance claim in respect of the said car of the complainant was not settled and for which necessary repair of the said insured car could not be commenced.
Thereafter, complainant made several phone calls to the Ranchi Office as well as made several visits to the Kolkata Regional Office of the OP1 to enquire about the progress of the settlement of claim in respect of loss of the said car of the complainant and on every occasion the complainant was assured that the claim in question shall be settled shortly, however, those no reply was received and it was learnt that the claim of the complainant has not been approved as yet though it is the contractual obligation on the part of the insurance company to settle the claim but for their laches, the car is rusting, devaluing and depreciating in the said service centre of the OP6.
Finding no other alternative complainant was compelled to sent a final letter on 20-11-2013 requesting OP1 to settle the same and it was delivered at the head office of the OP1 on 23-11-2013 to the Regional Office at Kolkata on 21-11-2013 and at Ranchi Office on 23-11-2013 but the complainant’s claim has not been settled as yet and for such inaction and deficiency on the part of the OP1 in settling the same complainant suffered tremendous harassment, inconvenience and monetary loss and the said car is depreciating and being wasted without use in the custody of the OP6 and in such sort of deficiency and negligence manner of service and for adopting unfair trade practice complainant suffering mental pain and agony and lost her earned money as he is paying regular EMI of the Bank Loan for such purchase and in the above situation complainant has prayed for directing the OP for payment of the said settlement amount against such policy for repairing and replacement of the cost in respect of the said car and directing the OP for compensation etc.
On the other hand, OPs1 and 2 by filing written statement submitted that admitted fact that complainant purchased the said policy for the said car which was valid from 22-06-2013 to 21-06-2014. No doubt the said car met accident and it was reported but on enquiry it was found that in respect of the said vehicle of the complainant, complainant obtained another policy prior to the present policy and for purchasing the present policy by misrepresentation of materials fact the policy became void ab initio and the truth is that the present accident was took place just after its effect of the present policy. Further, it is submitted that vehicle faced an accident on 30-06-2013 but no such document produced by the OP to show that on 30-06-2013 any accident took place so the present case should be dismissed.
Further it is submitted that as per present insurance policy sum assured is Rs.6,35,560/- so no claim shall be submitted by the complainant in excess than that and in the circumstances, OP is not liable to pay any compensation on the said amount.
It is further submitted that on receipt of the said complaint of the complainant Pitterjee Risk Involve Solutions Management was appointed as licensed independent survey to assess the loss who after due inspection of the said vehicle assessed the total loss to the tune of Rs.4,01,307/- but as because the previous policy has not been cancelled and no such document has been produced by the complainant OP has nothing to do and for suppressing that fact the claim of the complainant could not be settled and there is absolutely no deficiency of service on the part of the OPs1 and 2 and in the result complaint should be dismissed.
Decision with Reasons
On proper consideration of the entire facts and materials including the complaint and written version it is undisputed fact that complainant’s vehicle is insured under the present OPs1 and 2 vide policy No.OC-14-2401-1801-00012261 valid for the period of 22-06-2013 to 21-06-2014. But it is equally true that prior to that in respect of the same vehicle there is a policy of Royal Sundaram Alliance Insurance Pvt. Ltd. But complainant has failed to produce the status of that policy and no such document is produced by the complainant that the policy has been cancelled by the Royal Sundaram Alliance Insurance Pvt. Ltd. and this Forum is in darkness about the fate of that policy which was purchased prior to the present policy. At the same time complainant has not made that Company as party for determination that his previous policy has been cancelled by Royal Sundaram Alliance Insurance Company Pvt. Ltd.. Truth is that complainant has also failed to prove that previous policy has been cancelled by the Royal Sundaram Alliance Insurance Company Pvt. Ltd., and no such document has been produced and it is the specific case of the OP that if there are two policies of one vehicle discharge of the first liability of the first insurance company shall be made at first and the balance shall be paid as per rules by the subsequent Insurance Company in respect of second such policy. Fact remains OP did not decided the same on the ground complainant failed to produce said document in support of the fact that previous policy was cancelled by Royal Sundaram Alliance Insurance Company Pvt. Ltd. and that was also not filed along with the claim. Fact remains after getting information of the accident loss assessor was appointed by the OP Insurance Company and loss assessor submitted preliminary survey report and net assessed amount was fixed by the loss assessor to the extent of Rs.4,01,307/- but anyhow complainant has failed to produce any certificate before the OP that repairing has already been completed by the complainant and as per terms and condition of the policy complainant is bound to show that repairing has already been completed and on completion of the repairing work final survey assessment shall be made by the insurance company and that is the provision of law. Whatever, it may be in this case complainant has failed to produce the status of the previous policy issued against this vehicle by the Royal Sundaram Alliance Insurance Company Pvt. Ltd. what must be filed by the complainant for settlement of the claim.
Fact remains repairing work cannot be completed by the complainant from his own fund because he is waiting for fund of the insurance company then it is the duty of the complainant to settle the claim by supplying the status report of the first insurance policy, copy of that policy and also the final order of the insurance company in respect of that policy and without that the present settlement by the OP Insurance Company i.e. OPs1 and 2 cannot be made and in view of the above circumstances, we are directing the OPs1 and 2 to settle the claim after filing the copy of the first insurance policy and also the report of the Royal Sundaram Alliance Insurance Company Pvt. Ltd. in respect of the fate of the first insurance policy, whether it is cancelled or discontinued or it was found wrongly prepared. So, complainant is directed to take all such initiative to supply all those documents and report of the Royal Sundaram Alliance Insurance Company Pvt. Ltd. regarding the present policy to the OP1 and 2 within one month from the date of this order along with completion certificate of repairing and on receipt of the same OPs1 and 2 shall have to dispose of the present claim of the complainant within 15 days from the date of receipt of the said documents from the complainant and in this regard it is the responsibility of the complainant to submit the same to the OPs1 and 2. Accordingly, the complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the OPs 1 and 2 and same is dismissed ex parte against OPs 3,4,5 and 6 but in all the cases without any cost.
OPs 1 and 2 are hereby directed to dispose of the claim of the complainant in respect of the present policy on receipt of the documents to be filed by the complainant as per spirit of the judgment and complainant is directed to submit all related documents of first insurance policy issued by Royal Sundaram Alliance Insurance Company Pvt. Ltd. including the status report of completion of repairing along with final bill at present to the OPs1 and 2 within one month from the date of this order for final settlement of the claim of the complainant by the OPs1 and 2 within one month from the date of receipt of such document from the complainant.
Parties are directed to comply the order and after completion of 45 days from the date of this order OPs 1 and 2 are directed to submit report what is the fate of the said claim of the complainant and further the matter shall be monitored by this Forum if OPs1 and 2 and Complainant fail to comply the order
