BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.

Complaint No.337 of 2018            Date of Instt.20.08.2018                           Date of Decision: 20.04.2021

Gurteshwar Singh S/o S. Satinder Singh resident of V.P.O. Nurpur, Jalandhar.

….. Complainant

Versus

1.       Future Generali India Insurance Co. Ltd., 6^th Floor, Tower 3,       Indiabulls Finance Centre, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013.

2.       Future Generali India Insurance Co. Ltd., 3^rd Floor, SCO 5 & 6,          PUDA Complex, Court Road, Jalandhar City.

..…Opposite parties

Complaint under the Provisions of Consumer  Protection Act.

QUORUM:

SH.KULJIT SINGH, PRESIDENT

MRS.JYOTSNA, MEMBER

ARGUED BY:

For Complainant             :          In Person.

For OPs No.1 & 2            :         Sh. R. K. Sharma, Advocate.

ORDER:-

KULJIT SINGH, PRESIDENT

1. The present complaint has been filed by complainant against the OP on the averments that the complainant is owner of vehicle registration No.PB08-DR-8500, Make Honda City Car and copy of R. C. and driving license is attached with the file. That the complainant got insured his vehicle from the OPs vide Policy Cover Note No.H7212006 for the period w.e.f. 03.05.2017 to 02.05.2018 for which the complainant had paid premium of Rs.32,632/- to the OPs. That on 13.06.2017, the above mentioned vehicle of the complainant met with an accident near Village Bal at Jalandhar Pathankot Road, Jalandhar while saving the life of a straying dog which suddenly came in front of the complainant’s vehicle and the vehicle of the complainant struck with divider at the road and suffered a lot of damage.That the complainant lodged FIR/DDR in police station at Maqsudan, Jalandhar on 13.06.2017. The Police reached at the occurrence place and examined the damaged vehicle. That in the said accident the Bumper, Radiator, Inter Cooler etc. of the vehicle totally damaged. That intimation was given to the surveyor who inspected the accidental vehicle at the spot. The said Surveyor completed the formalities of document and required some papers from the complainant which the complainant submitted him on 12.10.2017. That accordingly, the complainant got repaired the vehicle from certain workshops namely Kartar Motor Garage, Ganpati Automobiles, Lally Motors Pvt. Ltd., for the repairs and replacement of damage parts of above said vehicle the complainant paid from his own pocket Rs.11,450/- to Kartar Motors Garage, Rs.69638/- to Ganpati Automobile and Rs.12,277/- to Lally Motors Pvt. Total Rs.93,665/-. That the Surveyor advised the complainant to get repair the vehicle from the workshop and promised to give the claim from the OPs later on. That the complainant had spent Rs.93,365/- from his own pocket for the repair and replacement of the damaged parts of above said vehicle from certain workshops and in this regard all bills and other required documents were given to the surveyor who assured the complainant that the claim would be given from OPs to complainant after one month. The complainant was put to inconvenience and mental agony and that there was deficiency and negligence in services on the part of the OP. That on 05.03.2018 the Ops were served with legal notice by the counsel of the complainant, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the total amount of the claim i.e. Rs.93,365/- alongwith interest @ 18% per annum and further OPs be directed to pay compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and further OPs be directed to pay Rs.50,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint of the complainant by raising preliminary objections thatthe complaint is not maintainable against the answering OPs and the complainant cannot take advantage of his own wrongs, as such the same is liable to be dismissed. That intimation of the loss was givento the OPs through its call center on 14.06.2017. Vehicle was inspected initially on 15.06.2017 at Jagdambey Automobiles, Jalandhar when the same was not dismantled. Front bumper, radiator and condenser, wheel guard left hand side was clearly visible for damage, but no estimate was producedto verify the suspected parts like intercooler, tendered into evidence member support etc. but the complainant had not furnished the required documents for processing the claim. Post initial survey, the OP demanded from the complainant, the requisite documents for processing the claim and letters of requirement dated 27.06.2017, 05.07.2017, 12.07.2017 were sent to the complainant at his Last Known through registered post, but no response was received from the insured/complainant. When the Surveyor visited the Jagdambey Automobiles, Jalandhar for conducting the surveyor of the vehicle in dismantled condition, it was found that vehicle had been removed from that garage without any information to the Surveyor. So, in the circumstances, when the insured/complainant did not respond despite letters and reminders and failed to submit the requisite documents, failed to produce the vehicle during repair and after repair, failed to provide the Final Repair Invoice, it was construed that the insured was no longer interested in pursuing the claim and according the claim was closed as “Nil Claim” on the ground of non-compliance of documents and the complainant was informed accordingly vide letter dated 09.08.2017. Thereafter, also the complainant instead of completing the formalities, served a legal notice dated 05.03.2018. The said legal notice was replied vide reply dated 14.03.2018 by the OPs asking the insured/complainant to submit following documents:-

a)       Claim Form duly filled and signed by the registered owner of the           Vehicle.                                                                                        

b)       PAN Card and Aadhar Card copy and produce original for           verification.                                                                                   

c)       Repair Estimate from garage where vehicle was produced for      Surveyor Inspection.

d)       All Original Repair invoices which are mentioned in the Legal Notice.

e)       Cancelled cheque showing the bank account/IFSC code.

f)        NEFT Form duly attested by the bank.

          The complainant did not respond rather filed the present complaint under reply, as such, the complaint is guilty of his own negligence and present complaint is liable to be dismissed. On merits, the factum in regard to the insurance of the vehicle, is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3. Rejoinder not filed.
4. In order to prove their respective versions, both the parties produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the written arguments submitted by counsel for the complainant as well as case file very carefully.
6. Complainant has argued that complainant is owner of vehicle registration No.PB08-DR-8500, Make Honda City Car and copy of R. C. and driving license is attached with the file. That the complainant got insured his vehicle from the OPs vide Policy Cover Note No.H7212006 for the period w.e.f. 03.05.2017 to 02.05.2018 for which the complainant had paid premium of Rs.32,632/- to the OPs. That on 13.06.2017, the above mentioned vehicle of the complainant met with an accident near Village Bal at Jalandhar Pathankot Road, Jalandhar while saving the life of a straying dog which suddenly came in front of the complainant’s vehicle and the vehicle of the complainant struck with divider at the road and suffered a lot of damage. That the complainant lodged FIR/DDR in police station at Maqsudan, Jalandhar on 13.06.2017. The Police reached at the occurrence place and examined the damaged vehicle. That in the said accident the Bumper, Radiator, Inter Cooler etc. of the vehicle totally damaged. That intimation was given to the surveyor who inspected the accidental vehicle at the spot. The said Surveyor completed the formalities of document and required some papers from the complainant which the complainant submitted him on 12.10.2017. That accordingly, the complainant got repaired the vehicle from certain workshops namely Kartar Motor Garage, Ganpati Automobiles, Lally Motors Pvt. Ltd., for the repairs and replacement of damage parts of above said vehicle the complainant paid from his own pocket Rs.11,450/- to Kartar Motors Garage, Rs.69638/- to Ganpati Automobile and Rs.12,277/- to Lally Motors Pvt. Total Rs.93,665/-.
7. On the other hand, counsel for OPs has argued that intimation of the loss was given to the OPs through its call center on 14.06.2017. Vehicle was inspected initially on 15.06.2017 at Jagdambey Automobiles, Jalandhar when the same was not dismantled. Front bumper, radiator and condenser, wheel guard left hand side was clearly visible for damage, but no estimate was produced to verify the suspected parts like intercooler, tendered into evidence member support etc. but the complainant had not furnished the required documents for processing the claim. Post initial survey, the OP demanded from the complainant, the requisite documents for processing the claim and letters of requirement dated 27.06.2017, 05.07.2017, 12.07.2017 were sent to the complainant at his Last Known through registered post, but no response was received from the insured/complainant. When the Surveyor visited the Jagdambey Automobiles, Jalandhar for conducting the surveyor of the vehicle in dismantled condition, it was found that vehicle had been removed from that garage without any information to the Surveyor. So, in the circumstances, when the insured/complainant did not respond despite letters and reminders and failed to submit the requisite documents, failed to produce the vehicle during repair and after repair, failed to provide the Final Repair Invoice, it was construed that the insured was no longer interested in pursuing the claim and according the claim was closed as “Nil Claim” on the ground of non-compliance of documents and the complainant was informed accordingly vide letter dated 09.08.2017.complainant instead of completing the formalities, served a legal notice dated 05.03.2018. The said legal notice was replied vide reply dated 14.03.2018 by the OPs asking the insured/complainant to submit documents i.e. (a) Claim Form duly filled and signed by the registered owner of the Vehicle. (b) PAN Card and Aadhar Card copy and produce original for verification. (c) Repair Estimate from garage where vehicle was produced for Surveyor Inspection. (d)        All Original Repair invoices which are mentioned in the Legal Notice. (e) Cancelled cheque showing the bank account/IFSC code. (f) NEFT Form duly attested by the bank.
8. During the arguments, the complainant did not convince us that he submitted the said requisite documents with the Ops or not.  While on the other hand, learned counsel for OPs argued that there is no deficiency in service on the part of OPs is proved. The complainant is a well-educated person. The OPs have some norms and guidelines and both parties of the insurance contract are bound to follow the same. As the complainant has failed to submit the requisite documents with OPs. From this angle, the present complaint is premature in nature.
9. Resultantly, keeping in view from the factum and circumstances of the case, we disposed of the present complaint with directions to complainant to submit said requisite documents, if not supplied yet, with the Ops within 30 days thereafter, the OPs will settle the insurance claim dispute within 30 days from the date of receipt said documents. 
10. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19.
11. File be indexed and consigned to the record room after due compliance.

                               Announced in open Commission

                     20^th of April 2021

                     Kuljit Singh

                     (President)

                     Jyotsna

                     (Member)