Haryana

Ambala

CC/307/2011

KULDEEP JAIN - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. - Opp.Party(s)

S.B BAKSHI

09 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 307 of 2011

                                                          Date of Institution         : 20.09.2011

                                                          Date of decision   : 09.01.2017

 

 

          Kuldeep Jain son of sh. Milkhi Ram Jain, aged 54 years, resident of house        no. 41, Vita Enclave, Ambala City.

……. Complainant.

1.       Bajaj Allianz General Insurance Company Ltd. through its Divisional      Manager, SCO No. 329, Sector -9, Panchkula.

2.       Bajaj Allianz General Insurance Co. ltd. Branch at Ambala Cantt, through its   Branch Manager.    

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

Present:       Sh. S.B. Bakshi, counsel for the complainant.

                   Sh. R.K. Vig, counsel for the Ops.                      

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a second hand car, make wagon-R-LXI, Model -2002 bearing chasis No. 153778, engine No. 3006560, having its registration No. HR-01-M-8360 I the year 2004-2005 and the same was getting insured with differed insurance companies from time to time. Further submitted that LPG meter was lying fitted therein but there was neither LPG kit nor the previous owner has been applied for any LPG connection and it was being driven with petrol. Further submitted that said care insured with the different insurance companies and it was lying insured with ICICI Lambard General Insurance Co. Ltd. from 11.07.2009 to 10.07.2010 and during the period, the complainant got its OD claim from the said company without any sort of any such objection and there after it was got insured with the OP i.e. Bajaj Allianz General insurance Co. ltd. for the period of 25.08.2010 to 24.08.2011 as comprehensive insurance. Further submitted that on 28.05.2011, said car met with an accident and was damaged to some extent. As per procedure, the OP was informed and then it was taken for its repair to the authorized workshop of Maruti i.e. Guru Nank Motors at Ambala City and the same repaired and submitted its bills to the Ops for payment but on 08.06.2011, OP refused to pay the insured amount on the ground that “The vehicle is fitted with LPG fuel kit, whereas the policy has been opted by you is for petrol vehicle, as recorded in the R.C. book. It may kindly be noted that this has resulted into alteration in the risk without our proper consent and approval resulting into violations of policy terms and conditions, which amount to non disclosure of material facts”. Further submitted that the complainant has clarified that when he purchased the second hand car from previous owner then the LPG meter was lying fitted but neither there was LPG kit nor any cylinder were there and said car was never driven with LPG by the complainant as well as damages caused to the said car vehicle was not because of any fire having broken but the said damages is due to the said accident which never occurred due to the reason that in which way it was being driven i.e.. So, OP is deficiency of service on his part. Hence, the present complaint.

2.                Upon notice, Ops appeared and filed written statement submitting that the claim lodged was rightly repudiated by the Ops the complainant violated the terms and conditions of cover note & thus the Ops and the complainant are bound to follow the terms and conditions of the insurance policy issued for insuring the vehicle. Further submitted that the complainant did not disclose the material facts at the time of taking the policy which were within the knowledge of the complainant and violated the most fundamental concept of the insurance which is UTMOST GOOD FAITH as well as claim was intimated to the insurance company they appointed an independent surveyor for the assessment of the exact cause and extent of loss and without prejudice and without admitting any liability it is submitted that the said surveyor assessed the loss to the tune of Rs. 13213/- subject to fulfillment of the provisions of contract. Further submitted that in Motor Insurance Claim Form, the complainant admitted that the vehicle being drive by Petrol and the vehicle on inspection by the surveyor clearly showed GASKIT fitted on the vehicle but yet not endorsed into the registration Certificate as well as policy. Hence, the present complaint is liable to be dismissed.

3                 To prove his version complainant tendered his affidavit as Annexure CW1/A along with documents as annexure C-1 to C-7 and close his evidence. Respondent tendered affidavits as Annexure R-X along with documents as annexure R-1 to R-6 and close his evidence.

4.                We have heard learned counsels for the parties and carefully gone through the case file. Accident is not denied by both the parties and the vehicle in question has been damaged due to accident is also not denied but the claim of the complainant was repudiated on the ground that the vehicle is fitted with LPG fuel Kit whereas policy has been opted by the complainant for petrol vehicle as recorded in the R.C. Book. LPG fuel kit fitted has resulted into alteration risk without our proper consent and approval resulting into violation of policy terms and conditions which amount to non disclosure of material facts.

                   We have gone through the file, the OP has alleged that the complainant has violated the terms and conditions of the policy by fitting the LPG kit in his car but OP failed to place on file copy of terms and conditions of the policy to prove the fact that which terms and conditions has been violated by the complainant. To prove this facts, the burden lies upon OP Insurance Company, but OP did not produce any tangible evidence to prove that complainant has violated the terms and conditions. In this way, Ops has utterly failed to discharge their burden and has wrongly withheld the genuine claim of the complainant. Hence, the Op was not justified in repudiating the insurance claim on the basis of the condition mentioned in Annexure R-4 and Annexure R-5. Even then OP has not produced any evidence on record from where it can be revealed that the accident in question has occurred due to plying of vehicle on LPG Kit rather than on petrol. In this way Op has wrongly repudiate the claim of the complainant.

5.                Now, we are coming on the point due to accident what was the actual loss at the time of the accident. The complainant and Ops also relying upon the report of the Surveyor i.e. Annexure C-2 as well as R-2. Both documents are the same in which the surveyor has assessed the loss of Rs. 13213/- at the time of the accident. In this way, Ops have wrongly with hold the above said amount. , Hence, the present complaint is allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

                                      (ii)     To pay sum of Rs.13213/- to the complainant                                                     within stipulated period failing which the amount                                                        shall carry interest @ 12% per annum till actual                                                  realization.

 (ii)    Also to pay a sum of Rs. 3,000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :09.01.2017                                                Sd/-

                                                                                (D.N. ARORA)

                                                                                       President

 

                                Sd/-    

     (PUSHPENDER KUMAR)

                                                                                       Member