Delhi

West Delhi

CC/16/249

Amrita batra - Complainant(s)

Versus

Bajaj Allianz General Insurance - Opp.Party(s)

14 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO.  249/16

Amrita Batra

R/o S-22, 1^st  Floor, Scottish  Castle

Uppals South End, Sohna Road

Gurgoan, Haryana-122018

 

VERSUS

Bajaj Allianz  General Insurance Company  Ltd.

Registered Office

GE Plaza,  Airport Road

Yerwada ,Pune-411006

 

Also at :-

 

Block 4, 7^th  floor,

DFL Tower 15, Shivaji Marg

New Delhi-110015

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant had purchased vehicle No. HR26CL6451 Make : Hyundai, Model: Fluidic Verna(P) of 2014 and got the same insured  with OP for the period  form 23.12.2015 to   22.12.2016  for  total value of Rs. 6,65,000/- ( Rupees Six Lac Sixty Five Thousand only).  He made payment of premium of Rs. 22,362/- (Rupees Twenty Two Thousand, Three Hundred and Sixty Two)  and the insurance  policy was issued  on 22.12.2015 at 14.46 P.M.  It has been further stated that unfortunately the vehicle  met  with an accident  at Golf Extension Road, Gurgaon on the night of  02.01.2016  at about 11:30 P.M.  with a truck  which was coming from opposite  direction.  Since there was no injury to any person so no complaint was made to the police. The vehicle was taken to the Authorized Hyundai Service Station i.e. Professional Engineers Services, Gurgaon. The vehicle was subsequently inspected by Authorized Surveyor namely  Mr. Ashwani Thapar  appointed by the OP. on 20.01.2016.  The Surveyor  asked the complainant  to provide him a copy of previous insurance  policy which was readily  made available to him , however, the complainant was shocked to receive a letter  dated 08.02.2016 of OP whereby  the claim   was repudiated  on the ground   that the complainant’s previous  insurance policy  had expired on 21.12.2015 and she  got the renewed policy  showing the previous policy  in continuation and that being misrepresentation  of the material fact, the claim  was not admissible .  Hence  the present complaint.

2.     The OP filed written statement taking preliminary objections inter-alia  that  complainant filled online  proposal Form wherein  the expiry  of  previous policy  was shown as 22.12.2015. However,  the previous policy   with Future General  India Insurance  Co.  Ltd. had expired on 21.12.2015 . The complainant deliberately misrepresentation to the actual  date of expiry  of previous  policy in order to   show  the insurance  cover as continuing.  The complainant  admittedly  suppressed the material  fact and  obtained  Insurance Policy  of OP by misrepresenting  and as such  was not entitled to the claim.  On merits OP admitted having issued policy in favour  of complainant as stated in the complaint but denied the remaining facts.

 

3.     Complainant has filed replication denying contents of written statement and re-affirming the contents of complaint.  He has filed his affidavit in evidence testifying all the facts stated in the complaint. On the other hand Sh. Dushyant Meena, Posted as Legal Officer of OP filed  affidavit in evidence on behalf of O.P.

4.     We have heard  Counsel for parties  and perused the record.

5.     Controversy in the  present case is as to whether  the complainant is entitled  to relief  claim or  not. The answer is in the positive.  The only ground taken by the OP for repudiation of the claim is that complainant misrepresented   as to the actual expiry date of the previous policy.  The previous policy according to OP with Future General India Insurance Co.  Ltd. of complainant expired on 21.12.2015  but the complainant intimated to OP  that the expiry of previous policy occurred on 22.12.2015.  We have seen the documents filed by OP which find  mention  the particulars of  previous  policy and the expiry  date.  Nothing can be stated to have been concealed  or misrepresented  on the part of the  complainant regarding intimation of expiry date of the previous  insurance policy.   As  a matter  of fact it was the imperative duty  of OP  to verify  the particulars of  previous policy  through its own agency  to find out the exact date of expiry of  previous  policy .  It is often is seen that generally  insurance companies  remain in a hurry to take the premium   of the insured vehicle  without proper investigation  of the previous policy  subsequently  when claims  are filed for compensation the insurance  company  take up all the defences.    This is exactly what has happened in the present case. The insurance company   cannot pass buck and  thrust its own negligence  and slackness on  the complainant.  The  repudiation appears to be wholly illegal, unjustified and unwarranted .  It has been further  stated  by the complainant  that damaged vehicle remained lying on  Hyundai service center and the losses were assessed by  the service center at Rs. 4,65,360/- which has not been controverter by OP .  However since the vehicle  has not been repaired , it  has now become  total loss  and complainant had prayed for award of Rs. 6,65,000/- being sum assured  alongwith  interest @ 24% and compensation of Rs. 1,00,000/-          

6.      Keeping in view the discussion above and circumstances wepass an award of  Rs. 4,65,360/-within 45 days from receipt of this order failing which  interest @ 6% from the date of institution of complaint till realization.  The complainant is also awarded  a sum ofRs. 10,000/- towards  mental agony, harassment  and litigation expenses.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

  Announced this___14TH___ day of __February_____ 2019.

 

                                                                                                                         ( K.S. MOHI )                                                 (PUNEET LAMBA)                                                                                          PRESIDENT                                                    

MEMBER