DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC No. 56 of 03-02-2010<br /> Decided on : 19-05-2010 <br /> <br /> Vijay Kumar Garg S/o Sh. Mohan Lal, R/o Street No. 5. Near Railway X-ing, Aggarwal Colony, Rampuraphul, Tehsil Phul, District Bathinda.<br /> <br /> .... Complainant<br /> Versus<br /> <br /> 1.Bajaj Allianz Insurance Company Limited, Regd. Office & Head Office, GE Plaza Airport Road, Yerwada, Pune, through its General Manager.<br /> 2.Bajaj Allianz Insurance Company Limited, 147 Feroze Gandhi Market, Ludhiana through its Divisional Manager.<br /> 3.Bajaj Allianz Insurance Company Limited, Regd. 3038/A, 2nd Floor, Guru Kanshi Marg, Near HDFC Bank Ltd., Bathinda through its Manager<br /> <br /> ..... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member <br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Jasbir Singh, counsel for the complainant <br /> For the Opposite parties : Sh. Sanjay Goyal, counsel for the<br /> opposite parties. <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. The complainant purchased a Insurance policy No. 0G-09-1212-4091-00000011 dated 04-06-2008 from opposite party Nos. 1 & 2 which was issued by opposite party No. 3 for the security of domestic appliances, electronic equipments, burglary and personal accident valid from 04-06-2008 to 03-06-2009 after paying the premium of Rs. 1642/-. The complainant alleged that on 14-09-2008, compressor of his refrigerator Godrej Cold Gold 310 Ltrs. Sr. No. 157193 was damaged. As per policy schedule and terms and conditions, the complainant lodged complaint with the opposite parties. The complainant on the instructions of the opposite parties and their surveyor got motor replaced and other equipments rectified by paying Rs. 3100/- and submitted all these bills to the opposite parties and to the surveyor for processing his claim within time. The opposite parties have sent him cheque of Rs. 1139/- which he has returned and refused to accept the same. The opposite parties pleaded that as soon as the claim was intimated to them, they appointed an IRDA approved independent surveyor to assess the loss who assessed the loss amount of Rs. 1139/- and vide cheque No. 231721 drawn on HDFC Bank assessed amount was disbursed in the name of the complainant. They further pleaded that the compressor of the refrigerator of the complainant was completely damaged and was not repairable. So, the complainant got the same replaced. As per terms and conditions of the policy, in case of replacement clause 4.3.1.2 is applicable and the same was applied and after deducting depreciation as per conditions of the policy, the claim amount was paid to the complainant. The parties have led evidence in support of their respective pleadings. <br /> 2. Arguments heard and written submissions submitted by the parties perused. From the above discussion, it is revealed that the complainant purchased Insurance cover note for the security of his domestic appliances, electronic equipments, burglary and personal accident. Refrigerator was damaged as its compressor was not working. Therefore on the instruction of the surveyor Sh. Dinesh Kumar Goyal, compressor was got replaced after paying of Rs. 3100/- by the complainant but the opposite parties have sent a cheque of Rs. 1139/- only as they applied clause No. 4.3.1.2 and deducted amount of depreciation. It is pertinent to mention here that no report of surveyor is placed on file which can show how the amount was calculated and how the claim was settled. In the absence of such survey report, it is difficult to ascertain how the surveyor of the opposite parties calculated the payable amount as Rs. 1139/-. Even if it be admitted for arguments sake that clause 4.3.1.2 is applicable, even then it is applicable only on parts. The complainant has stated in legal notice Ex. C-6 served upon the opposite parties that cost of repair of refrigerator was rupees Rs 3100/- out of which compressor costs Rs. 2300/-, drayer costs Rs. 80/- and Olp + Rely costs Rs. 220/- and Rs. 500/- as gas charging and labour charges. Thus after applying maximum depreciation on the parts (Rs. 2300+80+220/- = 2600 minus 50% Depreciation = Rs. 1300/-) the amount payable comes to Rs. 1800/- whereas the opposite parties have sent to the complainant a cheque for Rs. 1139/- only. The opposite parties have not denied this fact that complainant incurred Rs. 3100/- on the repair of his refrigerator. Thus, there is deficiency in service on the part of the opposite parties. Therefore, this complaint is accepted and the opposite parties are directed to pay to the complainant a sum of Rs. 1800/- being repair charges alongwith Rs. 2,000/- as compensation for mental harassment and cost, within 45 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of cost and file be also consigned.<br /> Pronounced<br /> 19-05-2010 <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> (Dr. Phulinder Preet)<br /> Member<br /> <br /> <br /> (Amarjeet Paul) Member