Haryana

Charkhi Dadri

CC/304/2021

Yogesh Kumar - Complainant(s)

Versus

HDFC ERGO General Insurance Company Ltd, - Opp.Party(s)

Sh. Amandeep Phogat

12 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.    

 

                                                          Complaint No.         304 of 2021                  

                                                          Date of Institution:  29.11.2021

                                                          Date of order:        12.11.2024                      

 

Yogesh Kumar aged about 31 years S/o Ramphal Singh, R/o Village Kheri Bura, Tehsil and District Charkhi Dadri

                                                                 Complainant.

                                                Versus

HDFC ERGO General Insurance Co. Ltd. having its office at SCO-237, 2^nd Floor Sector-12, Karnal through its Manager/Dealer/M.D.

                                                                 Opposite party.

COMPLAINT UNDER THE CONSUMER PROTECTION ACT

Before: -    Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:     Sh. Amandeep Phogat, Advocate for complainant.

                Sh. Vinod Kumar Chahar, Advocate for OP.

O R D E R

                   The complainant (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite party (hereinafter referred to as “the OP”) on the allegations that the complainant is the registered owner of a car Brezza bearing registration no.HR-19N-0102. It is submitted that the vehicle bearing registration no. HR-19N-0102 was insured with The HDFC ERGO General Insurance Co. Ltd. for the period w.e.f. 29.08.2020 to 28.08.2021. It is also submitted that unfortunately, on 01.08.2021, the above said vehicle of the complainant met with an accident with truck and damaged. It is also submitted that damaged vehicle was brought to Ranashri Motors Works Pvt. Ltd. near Jai Hind Health Care, Loharu Road, Charkhi Dadri and a bill of Rs.51,148/- was handed over by the service centre which was paid by the complainant. The complainant filed claim and requested insurance company time and again to meet out the expenses of repair, spare and labour charges but to no avail. The complainant has requested the opposite party to release the claim amount but the officials of the opposite party did not release the claim amount on one pretext or the other and repudiated the claim vide letter dated 27.08.2021.  This wrongful act and conduct of the opposite party has caused mental agony and harassment to the complainant. So, the complainant has come to this Commission and filed the present complaint with the prayer to direct the OP to make the payment of Rs. 51,148/- alongwith interest, compensation and litigation expenses.

2.                The OP in written statement took preliminary objections regarding maintainability, locus-standi and suppression of material facts. It is averred that OP had received a claim on 03.08.2021 for the insured vehicle which met with an accident on 01.08.2021 and claim which was registered vide claim no. C230021147249. It is averred that complainant has not given a timely intimation to the OP whereas it has been specifically mentioned in the terms and conditions of the policy that notice shall be given in writing to the company immediately upon the occurrence of any accidental loss or damage in the event of any claim however no such notice was given. Claim was reviewed and it was observed that the damages on parts claimed in the alleged accident are unrelated to the cause of accident. The damages do not commensurate with the cause of loss. The complainant is trying to extract undue money from the insurance company. There is no deficiency in service on the part of the OP and the complainant is not entitled to get any claim from the OP and thus, prayed for the dismissal of the present complaint.

3.                Both the parties in support of their respective case tendered in documentary evidence their respective affidavits and adduced certain documents. Reference of relevant record shall be given in this order.

4.                We have heard both the counsel for the complainant and gone through the case file thoroughly and after hearing the rival contentions of complainant, we are of the convinced view that the present complaint has merit and the same deserves acceptance for the reasons mentioned hereinafter.

5.           It is an admitted case of the parties that the vehicle car breeza bearing registration No. HR-19N-0102 of the complainant was insured for the period 29.08.2020 to 28.08.2021 with the respondent vide insurance policy Ex.C2/Ex.R1.  The said vehicle met with an accident on 01.08.2021 during the validity of insurance policy. We have observed that the counsel for the complainant has placed on record the Tax invoice Ranashri Motors Works Pvt. Ltd. near Jai Hind Health Care, Loharu Road, Charkhi Dadri i.e. Ex. C-4 for total sum of Rs. 51,148/- on account of repair charges incurred for vehicle in question. It has been observed that the counsel for the OP has placed on record Survey Report Ex.R-6 whereby the surveyor of the OP had assessed the loss to the vehicle in question only Rs. 47,573/-. It has been observed that the OP did not make the payment of Rs.47,573/- to the complainant the loss assessed by their own surveyor.

 6.                The OP vide its repudiation letter dated 27.08.2021 stated that this account for misrepresentation of facts to the claim and goes against the declaration on the reverse of the claim form. However, they have not mentioned details and kinds of misrepresentation.

7.                 It is not uncommon that all the insurance companies, be it public sector undertaking or private insurance company, give lucrative offers, so as to attract maximum number of clients. However, the moment any insured submits even the most genuine claim, seldom the said claim is accepted by any insurance company. Most of the times, as it have been experienced in the recent past, even the genuine claims are rejected on one or the other technical or flimsy ground, giving rise to such kind of avoidable litigation. The present claim has also been repudiated in a similar way.

 8.          In view of aforesaid discussion and findings, it is observed that there has been deficiency in service on the part of the opposite party. We, therefore allow the complaint and direct the opposite party as under:-

1. To make the payment of Rs. Rs.47,573/- to the complainant along with an interest @ 6% p.a. from 27.08.2021 being the date of repudiation till realization of final payment to the complainant.
2. To compensate the complainant to the tune of Rs.5,000/- (Rs. Five thousand Only) for rendering deficient services, for causing mental agony and harassment
3. To pay Rs.5000/- (Rs. Five thousand Only) as litigation expenses.

9.                  The above order be compiled within 45 days from the date of receiving the copy of this order, failing which insurer shall be liable to pay interest on the said amount @ 9% per annum from the date of filing of the complaint till its actual realization.

10.               If the order of this Commission is not complied with, then the complainant shall be entitled to file execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which provides punishment of imprisonment for a term which shall not 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 Rs. one lac or with both. Copies of this order be sent to the parties free of costs as per rules and this order be promptly uploaded on the website of this Commission. File be consigned to the record room after due compliance