BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.      
Consumer Complaint no. 326 of 2023. Date of Institution :    22.08.2023.
Date of Decision :    06.08.2024.
Rajpal son of Shri Kashi Ram, resident of village Mojukhera, District Sirsa. 
                      ……Complainant.
Versus.
1. Bajaj Allianz General Insurance Company Limited, Registered Office GE Plaza, Airport Road, Yerwada Pune- 41006 through its Regional Manager or Authorized Person. 
2. Bajaj Allianz General Insurance Company Limited, Office at Dabwali Road, Near Aroma Hotel, Sirsa – 125055 through its Regional Manager or authorized person. 
...…Opposite parties.
            Complaint under Section 35 of the Consumer Protection Act, 2019.
 
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT SMT. SUKHDEEP KAUR……………………….MEMBER. SH. OM PARKASH TUTEJA…………………MEMBER
Present: Sh. Himanshu Solera, Advocate for complainant.
Opposite parties already exparte.  
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to OPs).
2. In brief, the case of complainant is that complainant is registered owner of vehicle No. HR26BU/0846 which was purchased by him in year 2012 and same was duly insured with ops. The complainant recently got insured his said vehicle vide policy No. OG-23-1401-1801-00007623 for the sum insured amount of Rs.14,62,500/- for the period 15.02.2023 to 14.02.2024. The due premium amount of Rs.37,383/- was paid by him. It is further averred that on 27.03.2023, the vehicle of complainant met with an accident while same was being driven by him as it hit into a tree and suffered heavy damages in the area of Chirawa, District Jhunjhunu (Rajasthan). That on account of this incident, the BMW car of complainant suffered heavy damages and same was rendered as non road worthy condition and was not able to start and ply. That thereafter complainant took the vehicle to near godown owned by known of complainant after toeing the vehicle and due information about the incident was given to the company  and surveyor of the company who visited at the spot and conducted spot survey of the damaged car and also checked condition of the car and also inspected about the road worthy condition and damages to the engine and body of the car and reported as total loss of the car. It is further averred that on the advise of Surveyor, complainant for the safety measures and protection of any kind of theft of the material also took the damaged vehicle from the incidental place to the safer area i.e. at the godown and complainant paid a sum of Rs.4000/- as toeing charges to Shorya Crane Service and complainant has also to pay Rs.100/- per day as rent of the godown for parking the car. That Surveyor of the ops assured the complainant to pay the sum assured amount as vehicle was totally damaged and he also collected necessary documents including registration certificate, insurance, aadhar card and pan card of complainant and has also assured for the disbursement of claim within a short period. It is further averred that after that Forensic Team also visited the spot and collected the photographs, documents and statements and KYC of the documents was also got conducted at the house of complainant but despite that ops failed to make payment of sum assured amount to the complainant. It is further averred that on account of lapse on the part of ops, complainant lodged a complaint at toll free number of company upon which the Investigator of the company visited at the incidental site and re-checked the site of incident and also took the photographs of damaged car and also corrected photocopies of the documents as required from complainant and he was assured for payment of sum assured within short time but till date he has not been paid any claim amount despite his several requests and as such ops have caused deficiency in service, unfair trade practice and unnecessary harassment to the complainant. The complainant also got served a legal notice upon ops on 03.07.2023 but to no effect. Hence, this complaint. 
3. On notice, initially ops appeared through counsel and sought opportunities for filing written statement but did not file written statement despite availing various opportunities including last opportunity and ultimately on 26.02.2024 none appeared on behalf of ops and as such ops were proceeded against exparte.
4. The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C3.
5. We have heard learned counsel for complainant and have gone through the case file.
6. The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the contents of his complaint. The complainant has also placed on file copy of certificate cum policy schedule cum receipt Ex.C3, the perusal of which reveals that complainant got insured his BMW Car with the ops for the period 15.02.2023 to 14.02.2024 for the sum insured amount of Rs.14,62,500/-. It is the case of complainant that his said insured Car met with an accident on 27.03.2023 i.e. during the period of policy and was completely damaged, the due intimation of which was given to the ops and ops got inspected the vehicle from its Surveyor and collected all the relevant documents but have not paid claim amount to the complainant despite his several requests. The complainant has also placed on file copy of legal notice dated 03.07.2023 as Ex.C1. The ops despite appearance failed to file any written version despite availing various opportunities and ultimately opted to be proceeded against exparte. As such the pleadings and evidence of complainant remained unrebutted and unchallenged and as such complainant has duly proved his case that his above said car met with an accident within insurance period. It is pertinent to mention here that on 05.08.2024 op no.2 at very belated stage when the arguments of complainant were already heard filed an application for setting aside exparte order and for placing on record written statement and affidavits but that application was dismissed on the same day. The complainant is entitled to sum insured amount of Rs.14,62,500/- from ops as ops insured the said car of the complainant for said amount of Rs.14,62,500/- and the car of complainant was totally damaged in the accident.
7. In view of our above discussion, we allow the present complaint and direct the opposite parties to pay the claim amount of Rs.14,62,500/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the said amount of Rs.14,62,500/- from ops alongwith interest at the rate of @6% per annum from the date of this order till actual realization. We also direct the ops to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above said stipulated period. The complainant will have to give an affidavit/ undertaking to the ops that he will not claim damaged vehicle and will complete necessary formalities as required by ops for transfer of damaged vehicle in their name. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.   
 
Announced. Member Member President
Dt. 06.08.2024. District Consumer Disputes Redressal Commission, Sirsa.