Haryana

Kurukshetra

CC/308/2020

Anoop Kumar S/o Roshan Lal - Complainant(s)

Versus

HDFC EGRO General Insurance - Opp.Party(s)

Rajbir Deswal

23 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

Complaint No. 308 of 2020

Date of institution: 09.09.2020

                                      Date of decision: 23.05.2024

 

Anoop Kumar son of Shri Roshan Lal resident of Village Sarai Sukhi, P.O. Haripur, Tehsil Thanesar, District Kurukshetra.

                                                                …Complainant.

Versus

 

1. HDFC Ergo General Insurance Company Ltd., Registered & Corporate office, 1^st Floor, 165-166, Backbay Reclamation, H.T. Parekh Marg, Churchgate, Mumbai-400 020,

2.     HDFC Ergo General Insurance Company Ltd., Branch Office, Karnal through its Branch Manager.

3.     HDFC Ergo General Insurance Company Ltd., 6^th Floor, Leela Business Park, Andheri-Kurla Road, Andheri (E), Mumbai-400 059.

 

.... Opposite parties

 

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

Present:    Shri Rajbir Deswal, Advocate for complainant.

Shri Atul Mittal, Advocate for Ops.

             

Order:

       

                This is a complaint under Section 35 of the Consumer Protection Act, 2019.

2.         It is alleged in the complaint, that the complainant had constructed one residential house bearing No.183, Ward No.5, within Redline area (Lal Dora) consisting of 2 Bedroom, 2 Store room, 1 Lobby, 1 Kitchen, 1 drawing room, 1 toilet, 1 Bathroom and 1 free space gallery over 142.44 Sq. Yard at Village Sarai Sukhi, Post Office Haripur, Tehsil Thanesar, District Kurukshetra. It is further averred that he had approached the OP for insuring his aforesaid newly constructed building and the official of the Ops collected all information regarding construction of the newly built house of him and also took the description, measurement of the house in question. At the time of disclosing coverage of the newly built up house by the OPs, the officials of the Ops disclosed that the policy will cover your property against damage primarily due to fire, rain, lightening, store, flood, riots, burglary, Theft, electrical mechanical breakdown, Accidental damages etc. It is further averred that believing upon the officials of the OPs, the applicant submission the proposal form for the said insurance policy. On submissions of the proposal form for the insurance by him, the officials of the Ops conducted an inspection before issuing insurance of the newly built up house and after the building inspection and going through all the aspects, the Ops have issued insurance policy No. 2990203239542700000, after getting Rs. 20,041/- as premium, which the building constructed by him was insured for the period w.e.f. 15.01.2020 to 14.01.2025.
3.         It is further averred that  on 28.03.2020, when the complainant and his family members awake up in the morning at about 4:00 AM, then they saw that the rain water was coming through the roof and was collected on the floor of the house and when they inspected their building then they found that the rainy water in excess coming through the walls of the bedrooms and after some days of the said rain, the cracks started coming in the walls of our house and thereafter, the condition of the house started deteriorating day by day. It is further averred that he had given intimation of this fact to the Ops and requested them to conduct the spot inspection and to prepare the estimate of loss/damage occurred in the building due to leakage of water from the roof in through the walls of the house. It is further averred that the OPs deputed their surveyor and inspected the spot and prepare the estimate of loss/damages. The surveyor of the company said to him to lodge the complaint of damages with Op’s company and the claim damages shall be released to him within 30 days from the date of lodging the claim. It is further averred that he was got shocked after receiving an email on 24.08.2020 in which the officials of the Ops repudiated the claim of him stating that the “As per surveyor report based on claim documents and information provided by you, it is noticed that the nature and extent of damages, carracks/seepage cannot be occurred due to one incident of rain, thus, the damaged occurred due to the numerous activity of rain, thus the damage gradual and not accidental in nature. Hence, the liability does not exist as per insurance policy issued to you”. Hence, this complaint.
4. On notice, opposite parties No. 1 to 3 appeared and filed their written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, complaint was contested and vehemently denied the allegations of the complaint as made out in the complaint and prayed for dismissal of the complaint.

5.             Learned counsel for the complainant has tendered into evidence affidavit Ex. CW1/A and documents Ex.C1 to Ex.C8 and closed the same on 18.04.2022 by suffering separate statement.

6.             Learned counsel for the opposite parties No.1 to 3 has tendered into evidence affidavit Ex.OW1/A and documents Ex.R1 to Ex.R4 and closed the same on 14.08.2023 by suffering separate statement.

7.             We have heard the learned counsel for both the parties at length and have gone through the record available on the file carefully.

8.             Sh.Atul Mittal, ld. Counsel for opposite parties has argued that in the present case surveyor appointed has assessed the claim of damages of Rs.1,71,580/-.  Ld. Counsel for the complainant has relied upon the decision of this Commission in case titled M/s Kandhol Poultry Farm versus Bajaj Allianz General Insurance Co. etc. This claim has already held that report of surveyor cannot be ignored.  Hence, in view of the aforesaid situation, opposite parties are directed to pay Rs.1,17,580/- alongwith 9% penal interest  within 45 days from today.  Complaint is accepted with cost, which is assessed Rs.11,000/-.

9.             In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission:

Dated:23.5.2024                                             (Dr. Neelima Shangla)            

                                                                    President,

                                                                    DCDRC, Kurukshetra.

(Neelam)                (Ramesh Kumar)

 Member.                Member.