DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1280/2015
D.No._________________ Dated: __________________
IN THE MATTER OF:
M/s S.D. REALTECH PVT. LTD.,
(THROUGH SH. DHANPAT SINGH LUNIA, DIRECTOR),
201, PANKAJ TOWER, L.S.C.,
SAVITA VIHAR, DELHI-110092.… COMPLAINANT
Versus
M/s BHARTI AXA GENE. INS. CO. LTD.,
(THROUGH ITS BRANCH MANAGER/
OFFICER IN CHARGE/A.R.),
BIG JOS TOWER, 2ND FLOOR, A-8,
NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034 . … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 26.10.2015 Date of decision:12.03.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPunder section 12 of the Consumer Protection Act, 1986 thereby
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alleging that the complainant is a private limited company registered as per company’s act and at the time of purchase of the new vehicle Mahindra XUV 500 W8 bearing registration no. DL-8C-AC-0579, the complainant got insured his vehicle from OP through the dealer for selling the vehicle namely M/s Indraprastha Automobiles Pvt. Ltd. videinvoice no. IAPL/120/2013-14 dated 26.04.2013 and the vehicle of the complainant was on hypothecation with HDFC Bank Ltd on account of loan taken by the complainant. The complainant further alleged that the vehicle of the complainant was stolen and was informed to the police andan FIR no. 452/2014 dated 27.11.2014 u/s 379, PS-Link Road, Distt.-Ghaziabad, U.P. was registered and the intimation was served upon OP by the complainant as well as to the concerned bank. Thereafter, the case of the theft of the vehicle of the complainant was processed by OP in respect of its claim amount i.e. Rs.11,70,000/- by virtue of the valuation by OP and the value was assessed after depreciation at the time of making/issuing policy worth Rs.11,70,000/- which is the worth value payable as the policy and rules of IRDA in the policy FPV/I 159 4635/14/04/D1111S and at the time of payment of the submitted claim, OP however disbursed the amount vide cheque no. 181180 worth Rs.10,51,000/- to HDFC Bank Ltd. directly and the same
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was disbursed as Rs.8,36,916.04 to HDFC Bank Ltd. (as the remaining balance to be paid to the bank), Rs.2,14,083.96 to the complainant’s account by the HDFC Bank on 19.05.2015 and accordingly OP thus made the total payment to the complainant amounting to Rs.10,51,000/- which is Rs.1,19,000/- less than the amount of the claim. The complainant further alleged that on the issue of such lesser payment for an amount of Rs.1,19,000/-, the complainant asked and enquired from OP for which OP could not give a satisfactory answer by showing one pretext or another and at last OP finally attempted to answer for lesser payment because of the reason of ‘vehicle keys does not match’ whereas the complainant submitted/handed over the original keys of the vehicle to OP at the time of submitting his claim for which it was not taken any objection thereupon. The complainant further alleged that only for the reason ‘vehicle keys does not match’ is not the compatible answer and worthwhile reason to deduct the huge amount of Rs.1,19,000/- by OP, despite complaint and protest by the complainant. OP however got signed of the complainant on final receipts with undue and illegal pressure on the complainant and intentionally and deliberately paid the lesser amount to the complainant. On 28.08.2015, a legal notice was sent in this regard by the complainant through his counsel which was duly receivedby
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the OP on 02.09.2015 but OP did not pay any heed in respect of the notice sent and the conduct and approach of OP amounts to deficiency in services and unfair trade practice.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the amount of Rs.1,19,000/- which OP intentionally and deliberately deducted as well as compensation of Rs.2,00,000/- for causing mental pain and agony.
3. OP has been contesting the case and filed reply and submitted thatthe surveyor submitted the report with respect to the claim of the complainant and the facts and circumstances indicates that: A) There was delay of 67 days in intimation to the insurance company regarding theft of the vehicle and on the ground of violation of terms & conditions of the insurance policy, claim of the complainant is not payable. OP further submitted that despite of various reminders and letters sent to the complainant to justify the delay in intimation, the complainant failed to make any submission and explanation regarding delay in intimation and hence the claim was finally repudiated vide letter dated 08.10.2015. OP further submitted that there is a gross negligence on the part of driver of the vehicle that he left the vehicle at a place which is prone to the notorious criminal activities without intimation to any of the person. OP further submitted that OP agreed with the proposal of
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the complainant to settle the claim after deduction of 10% of IDV and consented to unconditionally accept the amount in full & final settlement of the claim and the complainant has concealed his own request for settlement and the present complaint is not maintainable and is liable to be dismissed.
4. The complainant filed replication and denied the contentions of OP.
5. In order to prove his case the complainant filed an affidavit in evidence of Sh. Dhanpat Singh Lunia, Director of the complainant companyand also filed written arguments. The complainant alsoplaced on record copy of Motor Claim Form of vehicle, copy of Reliance Motor Private Car Certificate cum policy schedule, copy of RC, copy of letter dated 19.06.2015 to the SHO, Sector-10, Rohini, Delhi, copy of FIR No. 4981/2015, copy of investigator report dated 27.08.2015, copy of letter dated 08.10.2015 sent by OP to the complainant and copy of legal notice dated 16.11.2015 sent by the complainant through his counsel to OP by Regd. A.D. post alongwith postal receipt and tracking report.
6. On the other hand on behalf of OP Ms. Shivali Sharma, the Authorized Signatory of OP filed her affidavit in evidence which is on the basis of the written statement of OP. OP has also filed copy of insurance policy with terms & conditions, copy of request for settlement letter dated 03.03.2015 which is signed by the
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complainant to settle after deducting 10%, copy of settlement letter dated 20.03.2015 of the complainant company to OP showing settled amount at Rs.10,51,000/- of which Rs.8,55,000/- (approx.) payable to ICICI Bank Ltd. and copy of discharge voucher dated 20.03.2015 signed by the complainant and copy of letter dated 27.03.2015 of HDFC Bank Ltd. regarding no objection for removal of ‘Lien’ and transfer of ownership in favour of OP in the registration certificate.OP has also filed written arguments.
7. This forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on record by the complainant and OP.The complainant has not disputed the letters dated 03.03.2015, 20.03.2015 and discharge voucher dated 20.03.2015. The complainant has also not disputed the fact that the complainant company has received the settled amount from OP i.e. Rs.8,36,916.04 was disbursed to HDFC Bank Ltd. and the remaining amount of Rs.2,14,083.96 has been disbursed in the complainant’s account no. 3711002100022166 by HDFC Bank on 19.05.2015. Thus, when the complainant has fully settled the matter with OP and has received the settled amount then the complainant cannot come up with plea that the settlement with OP was arrived under pressure or OP has played fraud upon the complainant. Thus, we are of opinion that the complainant has
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failed to prove the case by way of any cogent evidence and there is no merits in the complaint. The complaint is accordingly dismissed.
8. 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 12thday of March, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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