Orissa

Cuttak

CC/79/2022

Satya Sundar Sarangi - Complainant(s)

Versus

Chairman-cum-Managing Director,Liberty General Insurance Ltd - Opp.Party(s)

R K Pattanaik & associates

07 Aug 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.79/2022

          Satya Suman Sarangi,

           S/o: Satrughna Sarangi,

           Plot No.F/189,Sector-7,

           CDA,Markagnagar,Cuttack-753014.                                 ... Complainant.

 

          Vrs.

 

1.       Chairman Cum Managing Director,

Liberty General Insurance Ltd., 10^th Floor,

Tower-A,Peninsula Business Park,

Ganpath Rao Kadam Marg,

Lower Parei,Delisle Road,

                  Mumbai-400013.

 

2.       Branch Manager,

Liberty General Insurance Ltd., 10^th Floor,

                  1^st Floor,Centre Point,Khata No 440/179,

Plot No.501/1741/1846,Mouza-Kharavelanagar

Bhubaneswar-751001.                                                               ...OPP Parties

 

 

Present:         Sri Debasish Nayak,President.

                      Sri SibanandaMohanty,Member.

 

Date of filing:   29.04.2022

Date of Order:  07.08.2023

 

For the complainant:           Mr. R.K.Pattnaik,Adv. & Associates.

For the O.P no.1 & 2:              Mr. A.A.Khan,Adv. & Associates.

 

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that in order to earn his livelihood he had purchased one Mahindra XUV model 300 vehicle bearing Regd. No.OD-05-AT-8728 for a value of Rs.13,39,305/-,after obtaining finance for the same.The said vehicle of the complainant was also insured bearing Policy no.702530110121700051000000 which was effective from 31.10.2021 to 30.10.2022 and the assured sum of insurance was of Rs.8,95,797/-.  The complainant had paid premium of Rs.18,774/-.  The said vehicle had met with an accident since because a cow came Infront of the said vehicle while plying from Puri to Cuttack on 14.3.2022, and the vehicle had capsized after dashing with the divider of the road there at the spot.  That night at 9.00 p.m, the said vehicle was brought to the house of the complainant and on 15.3.2022, the complainant had intimated the O.P insurers regarding the accident of his vehicle. As per the advice of the O.Ps, the complainant had taken his damaged vehicle to the authorized repairing centre, M/s. Aditya Motors.  The O.Ps had deputed Surveyor who had visited the spot and had also inspected the damaged vehicle of the complainant.  The said authorised repairer had issued a final bill on 9.4.2022 amounting to Rs.1,44,162.23p but without paying the said amount, the O.Ps had remained silent for which the complainant had to pay the entire amount towards the repairing of his vehicle and got back his vehicle.  The O.Ps had repudiated the claim of the complainant through their letter dated 29.3.2022.  After getting the letter of repudiation, the complainant had written to the O.Ps for reconsidering his claim but the O.Ps remained silent.  The complainant has further mentioned in his complaint petition that while adapting the insurance policy he had acted as to whatever the agent of the O.Ps had said and was ready to pay the differential premium amount but the O.Ps were not ready to accept the same.  It is for this, the complainant has filed this case before this Commission seeking direction to the O.Ps for accepting the differential premium and to give him the benefit of NCB as per IRDA guidelines.  The complainant has claimed from the O.Ps the total cost of the repair of his vehicle to the tune of Rs.1,44,162.23 alongwith interest thereon @ 9% per annum from the date of repudiation till the total amount is quantified.  He has further prayed for compensation of Rs.50,000/- from the O.Ps towards his mental agony and harassment, further a sum of Rs.20,000/- towards the cost of his litigation.  She has also prayed for any other reliefs as deemed fit and proper.

In order to prove his case the complainant has filed copies of several documents alongwith his complaint petition.

2.         All the O.Ps have contested this case and have filed their joint written version wherein they have mentioned that the case of the complainant is not maintainable which is liable to be dismissed with cost.  They have questioned the jurisdiction of this Commission by mentioning that since because they have their office either at Bhubaneswar or at Mumbai, this case as filed by the complainant here at Cuttack is liable to be dismissed due to lack of jurisdiction.  They admit through their written version to have issued policy bearing no. 702530110121700051000000 for private car in favour of the complainant covering risk of his vehicle bearing Regd. No.OD-05-AT-8728 which was effective from 31.10.2021 to 30.10.2022 with certain terms and conditions as per the said policy.  They admit to have deputed a Surveyor after getting the information regarding the accident of the vehicle of the complainant and the said Surveyor had assessed the loss to be of Rs.1,24,691/-.  While processing the claim of the complainant, the O.Ps came to know that earlier the complainant had obtained claim twice from his earlier insurance policy as taken from HDFC General Insurance Company which was effective from 31.10.2020 till 30.10.2021.  But the complainant had not disclosed about the same that he had made claim through the said policy and that he claimed to be eligible for NCB of 20% from the premium amount under the heading of “No Claim Bonus”.  The O.Ps could know subsequently that even though the complainant had made claim twice from the earlier policy as obtained from the HDFC General Insurance Company, he had suppressed the said fact.  It is for this, the O.Ps have urged through their written version that after availing twice his claim from the previous Insurance Company and by suppressing the said fact, the complainant had fraudulently obtained the policy from the O.Ps by getting 20% deduction from the premium amount, which according to them, is a gross violation to the terms and conditions of the policy.  The complainant had thereby paid premium at a discounted rate of Rs.18,766/- only after getting a 20% discounted price on the premium amount actually due from him.  Accordingly, due to such suppression of fact, his claim was rightly repudiated by the O.Ps and the O.Ps have urged through their written version to dismiss the complaint petition as filed with cost.

The O.Ps have also filed copies of several documents in order to prove their stand.

2.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the averments as made in the complaint petition, the written version, the written notes of submissions from either sides, the copies of documents as filed here in this case, this Commission finds that undoubtedly the complainant had purchased one Mahindra XUV vehicle which was insured with the O.Ps and the policy period was effective from 31.10.2021 to 30.10.2022.   It is also not in dispute that on 14.3.2022 the said vehicle of the complainant had met with an accident for which it was taken to the authorised repairing shop i.e M/s. Aditya Motors where the vehicle was repaired for a price of Rs.1,44,162.23 and it was paid by the complainant.  The complainant had urged that even though he had a valid policy, the O.Ps had repudiated his claim though they had engaged a Surveyor to assess the loss who had assessed the loss and had submitted his report.  The O.Ps also admit to have engaged a Surveyor for assessing the loss of the vehicle of the complainant but according to them, the claim of the complainant was repudiated since because, while obtaining the policy from them, the complainant has suppressed the fact of availing  claim twice from the earlier insurer which was HDFC General Insurance Company.  The complainant while executing the proposal form with the O.Ps had not disclosed that  he had obtained the benefit of claim on two occasions within the period of insurance from his previous insurer and thereby had taken the benefit of 20% NCB on the premium actually due from him to be paid to the O.Ps.  This suppression of the fact and thereby getting illegal gain from the bonafide premium appears to be a gross violation of the terms and conditions of the insurance policy.  Considering these facts and circumstances, this Commission arrives at a conclusion that infact there was no deficiency in service on the part of the O.Ps who had repudiated the claim of the complainant since because the complainant had not availed the insurance policy from them genuinely rather the O.Ps on good faith had allowed the complainant to avail 20% bonus from the actual premium as due from the complainant.  Accordingly, this issue goes against the complainant.

Issues no.i& iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by him.

                                                ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 7^th day of August,2023 under the seal and signature of this Commission.           

                                                           

                                                                                    Sri Debasish Nayak

                                                                                            President

                                                                             Sri Sibananda Mohanty

                                                                                             Member