DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 517/2017
D.No.________________ Dated: ___________________
IN THE MATTER OF:
VIRAG KUMAR AGARWAL,
S/o SH. HARI OM AGARWAL,
R/o AC-127-A, SHALIMAR BAGH,
DELHI-110088. … COMPLAINANT
Versus
M/s BHARTI AXA GENERAL INS. CO. LTD.,
REGD. OFFICE: 1ST FLOOR, FEMS ICON,
SURVEY No.28, NEXT TO AKME BALLET,
DODDANEKUNDI, OFF OUTER RING ROAD,
BENGALURU, KARNATAKA-560037
BRANCH OFFICE: 2nd FLOOR,
BIGJOS TOWER, A-8,
NETAJI SUBHASH PLACE,
NEW DELHI-110034. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 03.07.2017 Date of decision:24.08.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 thereby alleging that on 23.04.2016, the complainant purchased a Private Car Comprehensive policy bearing no. S8475797 for his Hyundai
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i-120 car bearing registration no. DL-10-CD-3947 through policybazaar.com who was the authorized agent of OP and the said car policy was purchased only after representatives of OP as well as policybazaar.com told the complainant that the said car policy comprehensively covered all damages from bumper to bumper and in case of any damage to the car, the complainant shall not be required to pay any money for repair of the car and believing their representations, the complainant purchased the said car policy from OP by paying a sum of Rs.15,657/-. On 27.10.2016 at about 2:30 p.m., when the complainant was waiting for green signal at the crossing near All Heavens restaurant, Shalimar Bagh, Delhi then all of a sudden a riksha carrying some scrap came from behind and first hit left side of rear bumper of the complainant’s vehicle and also caused deep scratch on left side doors of the car and when the complainant tried to avoid the said accident, left side of front bumper of the complainant’s car was collided with a three wheeler standing just ahead of the complainant’s car and consequently, both left side rear and front bumpers alongwith left side gates of the complainant’s car got damaged. On 07.11.2016, the complainant sent his car to M/s Unity Hyundai, Jahangir Puri, Delhi for repair of aforesaid damages caused to the car and thereupon, a repair claim was registered by OP as claim no. C1138738/F0967506 and a surveyor was appointed who inspected the aforesaid car on the
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same day but instead of giving on the spot approval for repair of all damaged portions as per car policy and gave his approval for repair of some of the damaged portions of the car while both rear and front bumpers of the aforesaid car were left unapproved by the said surveyor. On 09.11.2016, one Sh. Sushil Kumar contacted the complainant over mobile phone and told the complainant that his claim for rear and front bumper damages was disallowed on the ground of accumulation and the complainant was shocked to hear such irrational excuse for disallowing his full claim as his car had suffered all damages in one and the same accident which he had duly explained in the claim form itself and the complainant requested Sh. Sushil Kumar to reconsider the request to allow the entire claim but OP did not pay any heed. Thereafter, the complainant wrote several mails to OP to approve the remaining claim of the repair of the car and in reply to one of such mails, OP took a different plea, “As per the confirmation from concern claims team left side both doors have been allowed in this claim for repair and front bumper and rear bumper disallowed as this damage is not correlating with the cause of loss mentioned in claim form and also they have already spoken to you and updated the status regarding the claim” and two different and contrary versions i.e. “accumulation” and “correlation of cause of loss” were told for illegally repudiating the remaining claim of the complainant without
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assigning any cogent reason in respect thereof. The complainant further alleged that there was no denial from OP that the damages caused to the car were fresh or were not possible during accident as explained by the complainant and as such there was complete arbitrariness and deficiency in service on the part of OP while rejecting the remaining claim of repair of front and rear bumper of the car which were got damaged on the left sides in the accident. The complainant further alleged that when OP did not pay any heed to the repeated requests and reminders of the complainant, the complainant was forced to get his car repaired at his own expenses on 29.11.2016 and spent a sum of Rs.9,800/- on the denting and painting of both front and rear bumpers of his car. On 22.04.2017 at about 7:30 p.m., the complainant was coming from Netaji Subhash Place. Pitam Pura, Delhi to his residence at Shalimar Bagh, Delhi and when reached near Prembari Underpass, all of a sudden a private bus came from behind at a high speed and hit left side of the complainant’s car damaging front fender and bumper and sped away and the complainant immediately sent a mail alongwith photographs to OP requesting OP to appoint a surveyor for inspection of his car OP on 23.04.2017 so that the complainant could take his aforesaid car for repair to M/s Unity Hyundai, Jahangir Puri, Delhi on 25.04.2017. On 23.04.2017, the complainant again sent a mail to OP attaching thereto some more
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photographs of his damaged car but OP neither sent any reply nor appointed any surveyor for inspection and approval of repair of the car and having no other option, on 05.05.2017, the complainant took his vehicle for repair and at his own expenses got the same repaired by paying a sum of Rs.6,500/- and due to the said act of the OP the complainant has suffered mental agony and harassment and there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying fordirection to OP to pay a sum of Rs.16,300/- (i.e. Rs.9,800/- + Rs.6,500/-) as cost of repairs incurred by the complainant as well as compensation of Rs.50,000/- for causing mental harassment, agony and financial loss and has also sought Rs.25,000/- towards litigation cost.
3. OP has been contesting the case and filed reply and submitted that the vehicle of the complainant was insured with OP vide policy no. 8475797 for the period from 12.05.2016 to 11.05.2017 subject to terms & conditions contained therein and the complaint is not maintainable and is liable to be dismissed as there is no deficiency in service on the part of OP. OP further submitted that the complaint of the complainant is liable to be dismissed as claim of the vehicle of the complainant as assessed by surveyor already stands released and the complainant by misusing process of law is
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trying to get the claim passed beyond the amount to which he is entitled and OP has already passed and released the claim amount of Rs.7,120/- after deduction of excess clause and applying depreciation against the claim no. C1186307 and Rs.7,453/- after deduction of excess clause and applying depreciation against the claim no. C1138738 and OP accordingly submitted that there is no deficiency in service and the complaint is liable to be dismissed.
4. Complainant filed rejoinder and denied the contentions of OP.
5. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of policy bearing no. S8475797 for the period from 12.05.2016 to 11.05.2017 (mid-night), copy of legal notice dated 11.11.2016 sent through e-mail to OP, copies of reply dated 11.11.2016, 14.11.2016 & 23.11.2016 sent by OP to the complainant, copies of photographs of the car showing damage on the front and rear bumper of the car, copies of receipts/bill dated 29.11.2016 of Rs.9,800/- with respect to repair, denting & painting of rear & front bumper of the car. The complainant also placed on record copy of complaint dated 22.04.2017 sent to OP through e-mail about an accident by bus and damaging his car on front fender and bumper. The complainant also placed on record copies of photographs showing damages and also placed on record copy of
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bill/receipt dated 05.05.2017 for the repair, denting & painting of left side fender and bumper of the car for Rs.6,500/-.
6. On the other hand on behalf of OP Sh. R. Pradeep Kumar, authorized representativeof OP filed his affidavit which is on the basis of the reply of OP and OP also filed written arguments. OP has also placed on record copy of satisfaction/discharge voucher dated 09.11.2016 signed by the complainant of Rs.7,453/- and copy of surveyor report in respect of the first accident.
7. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record by the complainant and OP.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieved the case of the complainant and there is no genuineness and merits in the defence of the OP and it cannot be said that the damages on the vehicle as submitted by the complainant cannot take place in one accident. Furthermore, there is no justification on the part of OP about rejection of 2nd claim of the complainant which OP ought to have cleared with respect to damage on the left side of front and rear bumpers out of the first accident and damage on the left fender and left bumper out of the 2nd accident and the said action of OP amounts to deficiency in service. Accordingly, we hold the OP guilty of deficiency in service.
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8. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.16,300/- being the repair charges paid by the complainant.
ii) To pay to the complainant an amount of Rs.20,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.5,000/- to the complainant as litigation cost.
9. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @10% per annum from the date of receiving of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 24th day of August, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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