Delhi

East Delhi

CC/847/2015

RAMAN KUMAR - Complainant(s)

Versus

HDFC ERGO GEN. INS. - Opp.Party(s)

09 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 847/15

 

Shri Raman Kumar

A-34, Hans Apptts., East Arjun Nagar

Near Karkardooma Courts

Delhi – 110 032                                                                              ….Complainant

 

Vs.

 

M/s HDFC Ergo General Insurance Co. Ltd.

Plot No. C-9, 3^rd Floor

Pearl Best Heights – II

Netaji Subhash Palace

Pitampura, New Delhi – 110 034                                                 ….Opponent

 

Date of Institution: 20.11.2015

Judgment Reserved on: 09.01.2017

Judgment Passed on: 16.01.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            Jurisdiction of this forum has been invoked by the complainant with allegations of deficiency in services against M/s. HDFC Ergo General Insurance Co. Ltd. 

2.        Facts in brief are that the complainant is the registered owner of Maruti Swift car no. DL0SCH4574, which was insured with OP vide policy no. 2311200959745500000 for a period of one year from 13.01.2015 to 12.01.2016.  The said insured vehicle was damaged on 20.02.2015, for which surveyor was appointed by OP.  Rs. 25,407/- were paid by the complainant vide cheque no. 810498 on 05.03.2015 for repairs.  OP forced the complainant to settle the claim for Rs. 9,496/- instead of       Rs. 18,036/-, stating that it was the permissible amount as per policy terms and conditions.  Cheque dated 13.07.2015 for an amount of        Rs. 9,496/- was issued to the complainant.  The complainant had challenged the surveyor report, but of no avail.  The complainant approached the OP’s office, workshop and surveyor several times, but the deficient amount was not paid.  Thus, the complainant has prayed for directions to OP to pay Rs. 9,540/- alongwith interest @ 18%,           Rs. 40,000/- as compensation for mental and physical pain and agony and Rs. 22,000/- towards cost of litigation.

            The complainant has annexed calculations of amount claimed as per policy terms and conditions, payment made by OP, copy of repair bills, letters from OP dated 13.07.2015, 25.02.2015, 10.03.2015 & 20.03.2015,  emails, and letter to OP dated 04.03.2015.

3.        OP was served with the notice of the complaint and they filed their written version, wherein they took the plea that the instant complaint was not maintainable as the claim of the complainant had already been settled for Rs. 9,496/-, as per surveyor’s report.  It was also stated that the said claim was settled within permissible limits, policy document, with terms and conditions and final inspection photographs are annexed with the reply.

4.        Rejoinder was filed by the complainant, where contents of the complaint were reiterated and that of WS were denied.  Thereafter, the complainant and OP filed affidavits as evidence, where Shri Raman Kumar, the complainant deposed on oath the contents of the complaint and exhibited description of the bill (Ex.CW1/A), letter from OP dated 13.07.2015  (Ex.CW1/B), bill dated 05.03.2015 (Ex.CW1/C), letter from OP dated 25.02.2015 (Ex.CW1/D), letter dated 04.03.2015 (Ex.CW1/E) and email dated 06.07.2015 (Ex.CW1/F).

            Shri Pankaj Kumar, Manager-Legal deposed on behalf of OP and stated on oath the contents of WS.

5.        We have heard the Ld. Counsel for the complainant and have perused the material placed on record.  Ex.CW1/A is the calculations submitted by the complainant depicting the details of work done and amount payable as per policy, which is Rs. 18,036/- and Rs. 9,496/- was paid by the insurance company i.e. OP.  So, there is a deficit of               Rs. 8,540/- that was not paid by OP.  However, OP has stated that the claim of the complainant was settled as per the surveyor report, but have not placed anything on record to substantiate their plea as to how the surveyor calculated claim of Rs. 9,496/-. 

            We allow the present complaint and hereby direct OP to pay       Rs. 8,540/- alongwith interest @ 9% from the date of filing of the complainant.  We also award Rs. 3,000/- as compensation for mental and physical harassment and Rs. 1,500/- towards cost of litigation. 

If the said orders are not complied within 30 days from the receipt of order, the company have to pay the total amount of Rs. 13,040/- with 9% interest from the date of filing of complaint till its realization.                 

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President