Haryana

StateCommission

A/493/2015

RELIANCE GEN.INSURANCE CO.LTD. - Complainant(s)

Versus

BONY POLYMERS PVT.LTD. - Opp.Party(s)

P.M.GOYAL

02 Sep 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

First Appeal No  :        493 of 2015

Date of Institution:      01.06.2015

Date of Decision :       02.09.2015

 

 

M/s Reliance General Insurance, SCO 2, 2^nd Floor, Shopping Complex, Sector 16, Faridabad through Sh. Amit Chawla, Deputy Manager, Legal, Reliance General Insurance Company, SCO No.145-146, Sector 9-C, Madhya Marg, Chandigarh.

 

                                      Appellant-Opposite Party

Versus

 

M/s Bony Polymers Private Limited, Plot No.37-P, Sector 6, Faridabad, through its Personnel Manager Sh. Kuldip Singh.

                                      Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member                                                                                                                                          

Present:               Shri Gaurav Sharma, Advocate for appellant.

                             Shri K. Srivastava, GM Finance & Company Secretary, on behalf of the respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

M/s Reliance General Insurance (for short ‘the Insurance Company’), Faridabad-Opposite Party, is in appeal against the order dated March 30^th, 2015 passed by District Consumer Disputes Redressal Forum (for short District Forum), Faridabad, whereby, complaint filed by M/s Bony Polymers Private Limited, Faridabad-complainant was allowed by directing the Insurance Company to pay Rs.2,57,763/- to the complainant alongwith interest at the rate of 9% per annum from the date of filing of complaint till realization; Rs.5500/- as mental agony and harassment and Rs.2200/- litigation expenses on account of damage to the car bearing No.HR29W-1112.

2.      On September 09^th, 2011 there was heavy rain and complainant was on his way to his office in his car.  The water entered the engine as a result thereof engine was seized.  The Insurance Company was informed.  The claim of Rs.2,57,763/- was not settled by the Insurance Company.  Hence, the complaint.

3.      The Insurance Company in its reply pleaded that the complainant drove the car without care and caution and the damage caused to the car did not fall under the terms and conditions of the policy.

4.      The plea raised by the Insurance Company that damage caused to the car did not fall under the terms and conditions of the policy, is not sustainable because it has been stated by the learned counsel for the Insurance Company that an amount of Rs.21060/- has already been paid by the Insurance Company to the complainant.  In view of this, it is to be seen that whether the District Forum assessed the compensation rightly or not.

5.      The complainant has placed on record the bill dated October 12^th, 2011 amounting to Rs.2,57,763/- issued by M/s Deutsche Industrial Estate, Mathura Road, New Delhi.  The amount was paid by the complainant through cheque as stated by Sh. K. Srivastava, G.M Finance and Company Secretary. From this, it is proved that an amount of Rs.2,57,763/-was spent by the complainant on the repair of the car. Sh. K. Srivastava has stated that the amount of Rs.21060/- has yet not been paid by the Insurance Company.  In case amount of Rs.21060/- is not paid by the Insurance Company, the amount awarded by the District Forum shall be paid by Insurance Company and in case it is paid, the amount of Rs.21060/- be deducted from the amount awarded. Thus, the order passed by the District Forum requires no interference. The appeal is dismissed.

6.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 02.09.2015

Urvashi Agnihotri Member

B.M. Bedi Judicial Member

Nawab Singh President

UK