Punjab

Ludhiana

CC/19/468

Kulwinder Kaur - Complainant(s)

Versus

Cholamandalam MS General Insurance Co.Ltd. - Opp.Party(s)

Ravinder Modgill Adv.

30 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 468 dated 03.10.2019.                                                        Date of decision: 30.09.2022. 

 

Kulwinder Kaur aged about 49 years wife of Shri Balwinder Singh, resident of House No.12120, St. No.23, Ram Nagar, Ludhiana-141001.                                                                                                             ..…Complainant

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1. Cholamandalam MS General Insurance Company Limited, 417, Rani Jhansi Road, Mall Enclave, Civil Lines, Ludhiana through its Managing Director/Director/Branch Manager/Authorized Signatory.
2. Cholamandalam MS General Insurance Company Limited, SCO 2463-2464, IInd Floor, Sector 22-C, Chandigarh through its Managing Director/Director/Branch Manager/Authorized Signatory.
3. Mr. Hanish Kumar, Employee Agency No.R41351A,Cholamandalam MS General Insurance Company Limited, 417, Rani Jhansi Road, Mall Enclave, Civil Lines, Ludhiana

…..Opposite parties 

                   Complaint under Section 12 of the Consumer Protection Act,               1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         None.

For OP1 and OP2          :         Sh. Vyom Bansal, Advocate.

For OP                           :         Complaint against OP3 stands dismissed vide                                              order dated 01.08.2022.

 

 

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainant is that she being the owner of Maruti Ritz car bearing registration No.PB-10-FQ-5310 got the same insured with the OPs vide policy No.3368/01200885/000/00 which was valid from 01.03.2019 to 29.02.2020. The complainant paid a premium of Rs.28,076/-. However, on the policy, a sum of Rs.25,106/- was mentioned as premium of the policy. The complainant requested the OPs to refund the excess amount of rs.2970/-  but to no avail. It is further alleged that on 06.05.2019, the insured car met with an accident at Gill Road, Ludhiana following which it was taken to M/s. Stan Autos, Sherpur, Ludhiana on 07.05.2019. The said agency charged a sum of Rs.63,000/- on account of spare parts and repair charges of the vehicle. The complainant contacted OP1 for the claim but they refused to settle the claim saying that the complainant had not obtained the fitness certificate in respect of the vehicle from the concerned department. As per the policy terms and conditions, only the driver of the vehicle was supposed to have an effective driving licence and there was no condition regarding the fitness of the vehicle. In the end, it has been requested that the OPs be directed to refund the amount of Rs.2970/- and be also made to pay compensation of Rs.2,00,000/- and legal expenses of Rs.33,000/- on account of deficiency of service.

2.                Complaint as against OP3 was dismissed for want of non-filing of correct address vide the complainant vide order dated 01.08.2022.

3.                The complaint has, however, been resisted by OP1 and OP2. In the written filed on behalf of OP1 and OP2, it has been pleaded that the claim regarding the damage to the insured vehicle was intimated on 06.05.2019 and the same was registered and processed. Sh. Charanveer Singh, Surveyor was appointed who submitted his report dated 25.06.2019 assessing the liability of the insurance company as Rs.42,240/-. Thereafter, it was found that the fitness of the vehicle expired on 28.11.2018 and on the day of accident, the certificate of fitness was not valid and the vehicle was being used in violation of section 84 of the Motor Vehicle Act and also in violation of the conditions of the policy. Accordingly, the claim was repudiated vide letter dated 04.07.2019. Subsequent to that, the complainant approached the OPs and requested to reconsider the claim and also submitted consent letter dated 07.08.2019 settling the claim for Rs.35,000/- on non-standard basis. Accordingly, the claim was settled and the amount of Rs.35,000/- was paid to Indusind Bank Ltd. who was the financer of the vehicle. On merits, it has been denied if the complainant paid a premium of Rs.28,076/- at the time of obtaining the policy. Therefore, the complainant is not liable to the refund of Rs.2970/-. The other averments made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

4.                The complainant did not formally tender any evidence but submitted affidavit along with documents Ex. C1 to Ex. C5 in support of the complaint.

5.                On the other hand, the counsel for the OP1 and OP2 submitted affidavit ex. RA of Sh. Pradeep Pathak. Deputy Manager of the OP1 and OP2 along with documents Ex. R1 to Ex. R6 and closed the evidence.

6.                None has been appearing in this case on behalf of the complainant since 01.11.2001. However, we have heard arguments advanced by the counsel for OP1 and OP2 and gone through the record and we proceed to decide the case on merits.

7.                By way of this complaint, the complainant has raised two grievances. Firstly, it has been claimed that OP3 obtained Rs.28,076/- from the complainant as premium but on the policy, only an amount of Rs.25,106/-  was mentioned as premium. However, in this regard, the complainant has not placed on record any receipt vide which the complainant might have been paid a sum of Rs.28,076/- to OP1 and OP2.

8.                Second part of the claim pertains to the non-payment of the accident claim of Rs.63,000/-. In this regard, the counsel for OP1 and OP2 has referred to the survey report Ex. R3 whereby the net loss of Rs.42,240/- was assessed. However, the claim was rejected by the OPs vide letter Ex. R4 dated 04.07.2019 on the ground that the vehicle did not have the valid certificate of fitness required under Section 84 of the Motor Vehicle Act. It has further been pointed out that subsequent to that the complainant approached the OPs and also submitted consent letter Ex. R5 whereby she agreed to settle the claim on non-standard basis for an amount of Rs.35,000/- which stands paid to the complainant. The consent letter Ex. R5 is duly signed by the complainant. Thus, it is evident that the complainant herself voluntarily agreed to settle the claim for a sum of Rs.35,000/- which has already been paid to her. That being so, the complainant was left with no cause of action to file and prosecute this compliant as consumer.

9.                As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

10.              Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:30.09.2022.

Gobind Ram.

Kulwinder Kaur Vs M/s. Cholamandalam MS Ins.                            CC/19/468

Present:       None for the complainant.

                   Sh. Vyom Bansal, Advocate for OP1 and OP2.

                   Complaint against OP3 stands already dismissed vide order dated                01.08.2022.

 

                   Arguments heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:30.09.2022.

Gobind Ram.