DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

Complaint Case No : RBT/CC/2018/129

Date of Institution   : 20.02.2018/29.11.2021

Date of Decision    : 01.08.2022

Mr. Jagdeep Singh son of Sh. Amrik Singh resident of Village Chak Sikandar, Tehsil Ajanal District Amritsar.   

                …Complainant Versus

HDFC ERGO General Insurance Company Limited, Through Its Chairman/Managing Director/Principle Officer Through its Divisional Office At District Shopping Complex, Ranjit Avenue, Amritsar Through Its Divisional Manager.  

              …Opposite Party

Complaint Under Section 12 & 13 of Consumer Protection Act, 1986. As Amended Upto Date.

 

Present: Sh. Deepinder Singh Adv counsel for complainant.

Sh. R.P. Singh Adv counsel for opposite party.

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member 

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT): 

 

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 12 & 13 of the Consumer Protection Act, 1986 (as amended upto date) against the HDFC ERGO General Insurance Company Limited (hereinafter referred as opposite party)

2. Brief facts of the case are that the complainant got insurance for his vehicle Hyundai I20 bearing registration No. PB 02 AA 0063 from the opposite party covering the risk period from 6.2.2015 to 5.2.2016. It is alleged that unfortunately the said vehicle met with an accident on 27.12.2015 and the said vehicle was taken to the authorized service centre of the Hyundai Vehicles Novelty Hyundai, Batala and the opposite party was immediately informed in this regard and they deputed their surveyor to assess the loss to the vehicle. It is further alleged that the said surveyor assess the total loss including the salvage value of the said vehicle to the tune of Rs. 2,02,000/- and taken the undertaking from the complainant on the stamp paper that they will sell the salvage and pay the best salvage amount to the complainant and also taken all the necessary documents and also got done all the formalities for the sale of the said salvage of the said vehicle and also taken the delivery of the said salvage. It is further alleged that the opposite party repudiated the genuine claim of the complainant on false grounds and the complainant filed the complaint No. CC 222/16 before this Forum which was decided on 30.3.2017 and the same was upheld by the Hon'ble State Commission, Punjab in FA 400/17 decided on 11.9.2017. The said documents of undertaking taken by the surveyor for the sale of the salvage of the said vehicle was also exhibited in the said complaint and the opposite party didn't denied and rebut the same also. The complainant made visits to the opposite party for the release of the amount of salvage but no avail till the filing of the present complaint. The above said act of the opposite party amounts to deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To pay the amount of Rs. 2,02,000/- being assessed value of salvage alongwith interest @ 12% per annum from the date of accident till realization.  

ii) To pay Rs. 50,000/-  as compensation on account of mental agony and harassment along litigation expenses.    

3. Upon notice of this complaint, the opposite party appeared and filed written statement by taking preliminary objections interalia on the grounds of no cause of action and maintainability as earlier the complainant has filed complaint with the prayer for direction to the opposite party to make payment of Rs. 2,47,000/- as the claim after deduction of salvage value of Rs. 2,02,000/- from the IDV of Rs. 4,50,000/- and in the said complaint the complainant never alleged that the salvage is in the possession of opposite party and now when the matter has already been adjudicated and the amount has already been disbursed, no second complaint is maintainable. The complainant has not come with clean hands and concealed the material facts. On merits, it is submitted that the salvage value of Rs. 2,02,000/- was assess at the time of survey and the complainant was agreed to accept the amount of claim after deduction of salvage value from the IDV of Rs. 4,50,000/-.  It is denied that any undertaking was taken for selling the salvage by the surveyor and any undertaking was given to pay the best salvage amount to the complainant or taken all the necessary documents. It is further alleged that the matter with regard to amount of claim has already been settled in the earlier complaint and no second complaint is maintainable on the same cause of action. All other allegations are denied by the opposite party and prayed for the dismissal of complaint. 

4. In order to prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of the affidavit given to the insurance company Ex.C-2 and closed the evidence. 

5. To rebut the case of the complainant the opposite party tendered into evidence affidavit of Sh. Pankaj Kumar Ex.O.P1, copy of the policy Ex.O.P2, copy of terms and conditions Ex.O.P3, copy of judgment in appeal Ex.O.P4, copy of the surveyor report Ex.O.P5, copy of order dated 15.2.2018 in EA No. 7 of 2018 Ex.O.P6, copy of order dated 30.3.2017 in CC No. 222 of 2016 Ex.O.P7, copy of authority letter Ex.O.P8, copy of the complaint filed by Jagdeep Singh Ex.O.P9, copy of the affidavit in complaint titled as Jagdeep Singh Vs HDFC Bank Ex.O.P10, affidavit of Sh. Saranpal Singh Ex.O.P11 and closed the evidence. 

6. We have heard the Ld. Counsel for the parties and have gone through the documents placed on record by the parties. Written arguments filed by opposite party.

7. The complainant alleged in the complaint that the vehicle i20 bearing registration No. PB 02 AA 0063 was insured with the opposite party and the said vehicle was met with an accident on 27.12.2015 and the opposite party deputed a surveyor to assess the loss to the vehicle and said surveyor assess the total loss including the salvage value of the said vehicle to the tune of Rs. 2,02,000/- and taken the undertaking from the complainant on the stamp paper that they will sell the salvage and pay the best salvage amount to the complainant and also taken all the necessary documents and also taken the delivery of the said salvage. Earlier the complainant had filed a complaint No. CC 222/16 before this Forum which was decided on 30.3.2017 against the repudiation of the claim of the complainant and the same was upheld by the Hon'ble State Commission, Punjab in FA 400/17 decided on 11.9.2017. The complainant made visits to the opposite party for th release of the amount salvage but no avail till the filing of the present complaint. 

8. On the other hand, the opposite party appeared and filed written statement and taking preliminary objections that the present complaint is not maintainable and the complainant has got no cause of action as the complainant earlier filed a complaint against the opposite party before this Forum to make payment of Rs. 2,47,000/- as the claim after deduction of salvage value of Rs. 2,02,000/- from the IDV of Rs. 4,50,000/- and in the said complaint the complainant never alleged that the salvage is in the possession of opposite party and now when the matter has already been adjudicated and the amount has already been disbursed, no second complaint is maintainable.

9. Ld. Counsel for complainant argued that before filing the first complaint the said surveyor assess the total loss including the salvage value of the said vehicle to the tune of Rs. 2,02,000/- and taken the undertaking from the complainant on the stamp paper that they will sell the salvage and pay the best salvage amount to the complainant, but the opposite party till today failed to pay the salvage value to the complainant. 

10. Ld. Counsel for the opposite party argued that the complainant earlier filed the complaint against the opposite party for Rs. 2,47,000/- and the same was allowed by this Forum, and the same amount has already been paid to the complainant by the opposite party. Ld. Counsel for opposite party argued that the matter with regard to amount of claim has already been settled in the earlier complaint and second complaint is maintainable on the same cause of action. Ld. Counsel for opposite party further argued that the complainant was required to get cancelled the registration certificate from the transport authority and was also required to handover the salvage and also required to give free possession of the salvage to the opposite party if he was required to take the amount of IDV i.e. Rs. 4,50,000/-, but in the first complaint the complainant taken the salvage with him and claimed only Rs. 2,47,000/-. The opposite party also produced the judgment passed by the Hon'ble State Consumer Commission, Punjab, Chandigarh as Ex.O.P4 and also produced the judgment passed by this Forum now Commission dated 30.3.2017 Ex.O.P7, it is mentioned that the complainant has filed the complaint for Rs. 2,47,000/- and it is nowhere mentioned that Surveyor had taken any undertaking as alleged in the present complaint. The complainant has failed to produce any evidence in support of his version. The matter has already been decided by this Forum and upheld by the Hon'ble State Consumer Commission, Punjab, Chandigarh. The complainant has not claimed the salvage value in the first complaint and it appeared that the complainant has accepted the salvage and not handover to the opposite party alongwith other formalities. Therefore, there is no merits in the present complaint as the matter has already been decided and second complaint is not maintainable on the same cause of action. 

11. In view of the above discussion, the present complaint is dismissed. Copy of the order will be supplied to the parties free of costs by the District Consumer Commission, Amritsar as per rules. File be sent back to District Consumer Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

       1st Day of August, 2022 

 

            (Ashish Kumar Grover)

            President             

 

(Urmila Kumari)

Member