Haryana

Ambala

CC/274/2012

PARVEEN KUMAR - Complainant(s)

Versus

FUTURE GENERALI INDIA INSURANCE CO. - Opp.Party(s)

SHEKHAR THAKUR

07 Apr 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 274 of 2012

                                                          Date of Institution         : 24.09.2012                                                           

                                                           Date of decision   : 07.04.2017

          Parveen Kumar son of Sh. Veer Bhan Sharma resident of house No. 129/15-    A, BNC Colony, Pipli Kurukshetra.

……. Complainant.

1.       Future Generali India Insurance Co. ltd. Branch office: 2^nd floor B.R.       Complex, I, Jain Nagar Ambala City, Haryana-134003 through its Branch        Manager.

2.       The Regional Manager, Claims, Future Generali India Insurance co. ltd.   S.C.O. 78-79, Sector 17-C, Chandigarh.  

 

 

                                                 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   MS. ANAMIKA GUPTA, MEMBER                 

 

Present:       Sh. Shekhar Thakur, counsel for complainant.

                   Sh. V.P. Gupta, counsel for Ops.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant has taken a insurance policy titled “Future Secured Motor Insurance” of Future Generali India Insurance Col ltd. having cover note NO. 47700510 with Insurance policy No. V1031611 for his vehicle No. HR-64-2453 TATA 1109 covering the insurance period from 28.12.2010 to 27.12.2011 and it covers fully own damage and third party liability. Further submitted that the OP No. 1 is working as branch office of Future Generali India Insurance Co. Ltd. in the territory of District Ambala whereas the OP NO. 2 is claim settlement authority of Future Generali India Insurance Company. Further submitted that aforesaid vehicle of the complainant met with accident on dated 09.04.2011 and vehicle got damaged heavily during the accident and a police G.D. Entry No. 28(A) had been registered in this concern at Saha Police Station District, Ambala on 10.04.2011 and the complainant has intimated the accident of his insured vehicle immediately and OP authorized person even took snaps on the day of accident and verified the whole accident and the same authorized person told the authorized workshop where the vehicle needed to be repaired. Further submitted that the complainant took the vehicle to the Syndicate Motors Opp. Parakeet G.T. Road Rs. 305888/- inclusive of vehicle parts, repairs, restoration of functionally of vehicle & all allied expenditure and filed a claim for own damage before the OP NO. 2 vide claim NO. CV111959 and submitted bills worth Rs.3,01216/- of workshop for claims for own damage & filed all the necessary records with claim and after lodging the claim with OPs, the complainant received a letter dated 22.07.2011 from OP No. 2 demanding necessary particulars and records and in response to such letter, the complainant had filed all the necessary documents and clarified all the points raised by OPs vide his letter dated 10.08.2011 and requested OPs to settle the claim at earliest. Further submitted that more than one year had been elapsed after submitting OPs all the necessary documents, but OPs failed to indemnify the complainant and it is a conduct of grave deficiency in service. Hence, the present complaint.

2.                Upon notice, OPs appeared and filed written statement submitting that as per the intimation received by the OP, the said vehicle was alleged to have met with an accident on 09.04.2011 and got damaged and the OP’s just on receiving the intimation deputed a surveyor Sh. A.K. Chhatwal for spot survey and there after Sh. Rajesh Chhabra for final survey. It is submitted that at the time of spot survey, it was conveyed to the insured that the vehicle should be got inspected during its repairs after the same is opened in the authorized workshop. Further submitted that the complainant however did not disclose the place and name of the workshop where the vehicle was repaired. In this manner the complainant has not got inspected the vehicle during repaired and thus deprived and denied the insurer an opportunity to ascertain the necessary facts related to accident and quantum of loss and it will not be out of place to mention here that at the initial stage the vehicle was taken to Syndicate Motors, opposite Parakeet, G.T. Road Kurukshetra from whom an estimate was obtained by the complainant and submitting to the surveyor, after obtaining the estimate the complainant shifted the vehicle to unknown place and did not disclose the same either to the Surveyor or to the OP despite letters dated 13.05.2011, 30.05.2011 and 20.06.2011 written by the Surveyor Rajesh Chhabra to the complainant. Further submitted that on 25.06.2011, the complainant handed over a writing to Sh. Rajesh Chhabra, Surveyor that he had got his parts with the old parts and that he could not get the vehicle inspected during its repairs. In that writing too he did not disclose a to from which workshop and place the said vehicle was got repaired and he thereafter submitted the bills regarding the new parts issued by Syndicate motors, Kurukshetra whereas according to his own admission no new parts were used during repair of the vehicle and the Surveyor however submitted his report dated 15.07.2011 assessing the loss to the tune of Rs.64,218/- subject to approval of the competent authority and terms and conditions of the insurance policy and it a further submitted that in his claim from name of the driver was disclosed as Karam Singh and Karam Singh and the Deriving License submitted was also of Karam Singh by the complainant. However on verification of facts it was revealed that the vehicle was being driven by one Jasbir Singh son of Om Parkash resident of Govind Majra, Police Station Pipli and the answering respondent vide letter dated 22.07.2011 requested the complaint to clarify the following facts:-

1.       Submit the FIR

2.       Name of Driver in intimation is Mr. Jasbir whereas you had submitted the        driving license of Karam Singh. Kindly produce driving license Mrs. Jasbir.

3.       M.L.C. documents of the persons in the vehicle at the time of accident.

4.       You have not produced the vehicle for during repair inspection, thus by depriving us an opportunity to ascertain the necessary facts related to accident and quantum of loss.

                   When no reply was received, thereafter, the claim was thus legally, validly and bonafidly with due application of mind was closed as “Nil Claim”.

3                 To prove his version complainant has documents as Annexure C-1 to annexure C-18 and closed his evidence. Counsel for OP has also tendered affidavit as Annexure R-X & R-Y alongwith documents Annexure R-1 to Annexure R-13 and closed his evidence

4.                We have heard learned counsel for the parties and carefully gone through the case file. Admittedly, the vehicle in question is insured with Op’s against premium for the period w.e.f. 28.12.2010 to 27.12.2011 and it is also an admittedly fact that the vehicle in question got damaged in an accident on 09.04.2011 well within the insurance period. DDR with regard to the same is also registered with police station, Saha, District Ambala on 10.04.2011. The complainant had attached bills worth Rs.3,01216/- vide annexure C-3 to C-5 & bills of towing charges worth of Rs.3000/- vide Annexure C-6 dated 11.04.2011. On the other hand, OPs have objected the said bills. The Ops contended that their Surveyor visited the premises of Syndicate motors on 26.04.2011 & inspected the vehicle and found the same in damaged condition but thereafter the surveyor was not intimated about the place of repair in order to get the same inspected during its repair. Various letter were written to complainant to which, complainant did not responded. The OPs have placed on record letter dated 25.06.2011 Annexure R-5 vide which complainant had submitted the bills alongwith the same. The OPs have also placed on record the Surveyor report dated 15.07.2011 in which the surveyor namely Rajesh Chhabra had assessed the loss to the tune of Rs.64217/- by taking estimate Annexure R-1 as base. The Surveyor is having the bill Annexure C-3 to C-5 with him but he had not considered the same in its report dated 15.07.2011. Moreover, the surveyor had not given any reason for under valuing the estimated amount and on what basis he had assessed the value of the parts. This forum is of the view that the Surveyor report is incomplete & is liable to be ignored. There is no rebuttable to the bills Annexure C-3 to C-6.

5.                So, in view of above mentioned discussion, we have no other option except to believe the payment receipt Annexure C-3 to C-6 i.e. Rs. 3,01216/-. The vehicle in question is 2006 model & therefore the depreciation @ 40% is liable to deducted from the above said amount mentioned in Annexure C-3 to C-5.  Hence, the OPs has wrongly withheld genuine claim of the complainant. So, the present complaint is partly allowed with costs and Ops are directed to comply with the following directions within a period of thirty days from the communication of this order:-

                                      (i)                To pay sum of Rs.180733/-  & Rs. 3000/-                                                                    towing charges along with interest at the                                                             rate of 9% p.a. w.e.f. date of complaint till                                                                   its actual realization.

 (ii)                  Also to pay a sum of Rs.5000/- on account         of harassment & cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :07.04.2017                                                     Sd/-

                                                                                           (D.N. ARORA)

                                                                                                 President

                             Sd/-

           (PUSHPENDER KUMAR)

                                                                                                          Member

                                          Sd/-

                             (ANAMIKA GUPTA)

                                                                                                          Member