District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.580/2021.
Date of Institution: 10.11.2021.
Date of Order: 01.09.2022
Rajesh Pandey, resident of H.No. 189, Sector-55, Faridabad, Mobile NO. 9997904052.
…….Complainant……..
Versus
1. Sr. Divisional Manager, Oriental Insurance co. Ltd., Divisional Officae-2, 2nd floor, Sanjay Place, Agra, Pin – 282002,
2. Oriental Insurance co. Ltd., Divisional office-2, LIC Building, 2nd floor, Sanjay Place, Agra, Pin – 282002 (through its authorized signatory).
3. Oriental Insurance Co. Ltd., 5B/4 BP Neelam Railway Station Road, NIT, Faridabad (through its authorized signatory).
4. G.M./officer Incharge, Oriental Insurance Co. Ltd., Oriental House, A-25/27, Asaf Ali road, New Delhi – 110 002 (through tis authorized signatory).
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. D.R.Dhara, counsel for the complainant.
Sh. Jitender Kaushik, counsel for opposite parties Nos.1 to 4..
ORDER:
The facts in brief of the complaint are that the complainant Shri
Rajesh Pandey,Oriental Bank of Commerce, Pathak Building, Yamuna Road,
Auraiya (U.P) at present resident of H.No. 189, Sector-55, Faridabad, got insured, his car bearing car NO. UP-47F-5949(NANO car) vide policy NBO. 224101/31/2014/447 dated 23.04.2013 from Oriental Insurance Company Limited Gonda (U.P) branch and got renewed the same vide policy NO. 272894/31/2015/157 dated 28.04.2014 from Auraiya Branch. The said vehicle NO. UP-47F-5949 met with an accident while complainant was on way form Faridabad to Agra on dated 26.10.2014 at N.H.2, near village Raipura – Jaat, Farah, P.S.Farah, Distt. Mathura (U.P) causing total loss of the vehicle in question. After the vehicle was damaged completely, insurance claim was made by the complainant for total loss of the vehicle. After completion of all the requisite formalities for grant of total loss claim of the said car the Sr. Divisional Manger, O.I.C ltd., Agra, opposite party No.1 vide his letter dated 04.05.2016 granted/approved the claim for Rs.89,000/- in claim NO. 272800/31/2015/030301 policy NBO. 272894/31/2015/157 to policy holder/complainant Rajesh Kumar Pandey of vehicle NO. UP-47F-5949, subject to completion to some usual formalities mentioned in letter dated 4.5.2016. The complainant , complied with all the direction given in above said letter dated 4.5.2016 i.e (i) salvages of accidental vehicle in question stand handed over/surrendered to the Asstt. Transport officer, Basti (U.P). RC transferred to insurance company (Slip dated 30.05.2018). (ii) As per direction given by letter dated 8.5.2018, surrendered slip receipt No. 309582 dated 22.3.2018 (obtained after payment of due fee Rs.100/-_ was also deposited with the concerned officer.
iii) Cancelled checque and other documents required stand deposited with the opposite party No.1 on dated 10.4.2015.
On completion of all the requirements and formalities and obtaining cancelled cheque from his client, branch Incharge, O.I.C. Ltd., Agra (U.P) opposite party No.2 assured the complainant that the claim amount of Rs.89000/- would be deposited in given bank account (as per cancelled cheque), in full and final settlement on total loss of the said vehicle as per letter dated 4.5.2016. Since 30.5.2018 till date nothing had been heard from opposite party and the complainant had visited office of opposite party No.1 so many time since 2019. The complainant sent legal notice dated 08.08.2019 to the opposite parties but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) make the payment of Rs.89,000/- of total loss claim in question, immediately.
b) pay Rs. 20,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 22,000 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complaint of the complainant was not maintainable as the issue involve in this complaint did not come within the jurisdiction of this Hon’ble Commission. It was submitted that the policy No. 272894/31/2015/157 was issued on 28.04.2014 by the Auriaya U.P. branch and as per the complaint on 26.10.2014, the said vehicle was also met with an accident at N.H.-2, near village Raipura Jat, Farha Distt. Mathura, U.P. and the complainant also submitted his claim in Auriya branach Distt. Mathura U.P., hence the Hon’ble commission had no jurisdiction to try and entertain the present complaint. The complainant had not come before the Hon’ble Commission with clean hands and had suppressed the true and correct facts form this Hon’ble Commission, it was pertinent to mention that the accident took place on 26.10.2014 and complainant had filed the present complaint in the year 2021 after a huge delay of about 7 years against the answering opposite parties only to harass the opposite parties. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties– Oriental Insurance Company Ltd. with the prayer to: a) make the payment of Rs.89,000/- of total loss claim in question, immediately. b) pay Rs. 20,000/- as compensation for causing mental agony and harassment .c) pay Rs. 22,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A - affidavit of Shri Rajesh Panday, Ex.C-1 – insurance policy valid from 30.4.2013 to 29.4.2014, Ex.C/2 – insurance policy,, Ex.C/3 – letter dated 27.2.2015,, Ex.C-4 – letter dated 04.05.2018, Ex.C-5 - letter dated 10.4.2015, Ex.C-6 – letter dated 12.9.2017,, Ex.C6 – Form 29, Ex.C-6(colly) – Form 30,, Ex.C-7 – Certificate of registration, Ex.C7 – receipt Dated 22.3.2018, Ex.C-8 letter dated 27.4.2018, Ex/C-8 – Form R, Ex.C-8 – Form R, Ex.C-8 – letter written by the complainant to The Manager, Argra,Ex.C-10 –Form R (Part II), Ex.C-9 - letter dated 08.05.2018,. Ex.C-11 – surrender slip, Ex.C-12 – whatsapp message,, Ex.C-13 – letter dated 27.05.2022.
On the other hand counsel for the opposite parties strongly agitated
and opposed. As per the evidence of the opposite parties Ex.RW1/A – affidavit of Shri Rramesh Kumar, Sr. Divisional Manager, M/s. Oriental Insurance Co. Ltd., Faridabad.
6. As per letter dated 04.05.2016 vide Ex.C4 in which the claim has been settled for Rs.89,000/- in full and final settlement on Total Loss Basis subject to completion of the following usual formalities:
1. Surrender the RC before RTO office and submit us surrender slip in original.
2. Original insurance policy.
3. Shift the damaged vehicle at M/s. I.M.Motors, Runkuta, Agra in coordination with Mr. R.P.Rathore, Surveyor whose mobile No. was 9837050107.
4. Duly signed Discharge Voucher.
5. Cancelled cheque.
7. Keeping in view of the above the Commission is of the opinion that half of the papers had already been delivered to the opposite parties by the complainant. But the opposite parties did not disburse the awarded amount as per letter dated 04.05.2016 vide Ex.C/4 to the complainant. Counsel for the opposite party argued at length that the complaint is time barred that the alleged accident took place on 26.10.2014 in District Mathura and the complaint filed by the complainant before this Commission in the year 2021 after the lapse of approx.7 and 8 years delay. But as per letter dated 04.05.2016 vide Ex.C-4, the matter has already been settled at Rs.89,000/- in full and final settlement on total loss basis, subject to completion of the formalities.
6. After going through the evidence led by both the parties and without going into the merit of the case,, the Commission is of the opinion that the complaint is disposed off with the direction to opposite parties to give the cheque amounting to Rs.89,000/- to the complainant, subject to the submission of rest of the papers as per letter dated 04.05.2016 vide Ex.C4. There are no order as to the costs. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 01.09.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
