Haryana

Karnal

CC/43/2018

Jagdsh - Complainant(s)

Versus

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

Ram Pal Chaudhary

12 Mar 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 43 of 2018

                                                          Date of instt. 22.02.2018

                                                          Date of Decision 12.03.2019

 

Jagdish son of Shri Sarda Ram resident of village and post office Hathlana Tehsil and District Karnal.

                                                                       …….Complainant.

                                                  Versus

 

 

Cholamandlam MS General Insurance Company Ltd. having its branch office at Sector-12, Karnal through its Branch Manager.

                                                                                                                                                                …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri R.P. Chaudhary Advocate for complainant.

                   Shri Rohit Gupta Advocate for OP.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that the complainant is the registered owner of vehicle bearing registration no.HR-45-B-8035 which was got insurance by him from the OP, vide insurance policy no.3379/01200213/000/01, valid from 5.6.2016 to 4.6.2017. The vehicle was insured for an amount of Rs.8,00,000/- qua which the OP charged Rs.24155/- as insurance premium from the complainant. On 10.09.2016 at about 5.00 a.m. the said vehicle met with an accident near Madhuban District Karnal. In the said accident the aforesaid vehicle was badly damaged. After the accident the complainant immediately gave intimation to the OP and then OP got the said vehicle surveyed from its surveyor and accordingly surveyor surveyed the vehicle and also took photographs of the said vehicle. After that the complainant was instructed by the company to get the said vehicle repaired from the authorized dealer and that the company will pay all the damages expenses to the complainant. As per the instructions of the OP, the complainant took his vehicle to Luxmi Motors Authorized Retailer of Eicher Genuine spare parts and buses and truck Transport Nagar Sector-4, Karnal. The complainant had spent an amount of Rs.80,000/- in getting the said vehicle repaired. Thereafter, complainant submitted the entire bills in the office of OP and OP got singed certain papers and forms from the complainant and assured that the said amount will be paid to him as early as possible. The complainant waited for a sufficient time but OP has not paid the amount of Rs.80,000/- to the complainant. Complainant visited the office of OP several times and requested to pay the said amount but OP always postponed the matter on one pretext or the other. The complainant received a letter dated 7.12.2016 vide which the claim of the complainant has been repudiated by the OP. After receiving the said letter complainant visited the office of OP and understand but he did not bother. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to territorial jurisdiction; concealment of true and material facts; locus standi; cause of action; maintainability and complicated question of law and facts are involved, which cannot be decided in summary jurisdiction. On merits, it is pleaded that the complainant is the registered owner of vehicle bearing registration no.HR-45B-8035 and the same was insured with Cholamandalam MS General Insurance Company Limited, vide policy no.3379/012000213/000/01 w.e.f.05.06.2016 to 04.06.2017 for an amount of Rs.8,00,000/- on payment of Rs.24,155/- as insurance premium subject to the policy terms and conditions. It is pleaded that the abovesaid vehicle of the complainant allegedly met with an accident on 10.09.2016 at about 5.00 a.m. near Madhuban District Karnal or that the aforesaid vehicle was allegedly badly damaged in the said alleged accident. It is further pleaded that the complainant had intimated a claim on 19.09.2016 with the OP on account of the damage of vehicle Eicher Canter bearing registration no.HR-45 B 8035 and the same was registered as claim no.3379181945 with the OP. The claim of the complainant was duly processed by OP by way of appointment of an IRDA approved independent surveyor & Loss Assessor who had conducted the survey, assessed the loss to the tune of Rs.20091.30/- and submitted detailed survey report subject to policy terms and conditions. The claim of the complainant stands repudiated by the OP, vide letter dated 7.12.2016 on the ground that the cause of loss as the damages to the vehicle were old one and not one arising out of an accident as represented by the complainant.” However, thereafter, the OP approved as sum of Rs.15,000/- and the said amount was paid to the financer of the complainant namely Indusind Bank Ltd. on towards full and final settlement of the claim by the OP being commercial relation with the financer. It is denied by the OP that the complainant was allegedly instructed by the company to get the said vehicle repaired from the authorized dealer of the said vehicle and that the company will allegedly pay all the damages expenses to the complainant. It is also denied that the complainant took his vehicle to Luxmi Motors Authorized Retailer of Eicher Genuine spare parts and buses and truck Transport Nagar Sector-4 Karnal as per the alleged instructions of the OP or that the complainant had allegedly spent an amount of Rs.80,000/- in getting the said vehicle repaired. The other allegations made in the complaint have also been denied by the OP. Hence OP prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C2 to Ex.C11 and closed the evidence on 25.09.2018.

4.             On the other hand, OP tendered into evidence affidavit of Vikash Kumar Goyal Ex.RW1/A and documents Ex.R1 to Ex.R5 and closed the evidence on 15.01.2019.

5.             We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties

6.             The case of the complainant is that the complainant is registered owner of vehicle bearing registration no.HR45B-8035, which was got insured by him from the OP valid from 05.06.2016 to 04.06.2017. The abovesaid vehicle of the complainant met with an accident on 10.09.2016 near Madhuban District Karnal and the vehicle was badly damaged. The complainant immediately intimated to the OP about the accident. OP got the vehicle surveyed from its surveyor. On the instruction of company, the said vehicle was got repaired by the complainant from Luxmi Motors Authorized Retailer of Eicher Genuine spare parts and Buses and Trucks Transport Nagar, Sector-4, Karnal. The complainant had spent an amount of Rs.80,000/- in getting the said vehicle repaired.

7.             Further, the complainant submitted the entire bills to the OP for the accident claim. On 07.12.2016, the claim of the complainant has been repudiated by the OP, by observing that “the cause of loss as the damages to the vehicle was old one and not one arising out of an accident as represented by the complainant.”

8.             On the other hand, the case of the OP is that the vehicle in question was insured w.e.f.05.06.2016 to 04.06.2017 for an amount of Rs.8,00,000/-. The complainant had intimated a claim on 19.09.2016 with the OP. The claim of the complainant has been duly processed by the OP by way of appointment of an IRDA approved independent surveyor & Loss Assessor who had conducted the survey, assessed the loss to the tune of Rs.20,091.30. The claim of the complainant stands repudiated by the OP on 07.12.2016. However, thereafter, OP approved as sum of Rs.15,000/- and the said amount was paid to the financer of the complainant namely Indusind Bank Ltd.

9.             Admittedly, the vehicle in question met with an accident during the subsistence of the policy. As per the complainant, accident took place on 10.09.2016 at about 5.00 a.m. near Madhuban District Karnal. No FIR or DDR was got lodged by the complainant regarding the accident at Police Station, Madhuban District Karnal. On the intimation, the claim of the complainant was duly processed by the OP by way of appointment of an IRDA approved independent surveyor & Loss Assessor who had conducted the survey, assessed the loss to the tune of Rs.20,091.30. As per the surveyor report (Ex.R3) the truck was met with an accident near Banoor-Kharad in Punjab. The intimation was given by the complainant to the OP delay of 10 days. The claim of the complainant was processed and loss assessed to the tune of Rs.20,091.30. The OP had paid sum of Rs.15,000/- as 75% of loss assessed by the surveyor to the financer of the complainant. There is a concealment regarding the place of accident by the complainant. Thus, we are of the considered view OP is not deficient in service.

10.            Thus, as a sequel to abovesaid discussion, we do not find any merits in the complaint and the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:12.03.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member