Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 79
Instituted on : 15.02.2019
Decided on : 19.01.2024
Nitesh age 29 years, son of Shri Silak Ram, R/o village Chamaria, Tehsil & District Rohtak.
………..Complainant.
Vs.
- HDFC ERGO General Insurance company Limited, D-301, 3rd Floor, Eastern Business District (Magnet Mall) LBS Marg, Bhandup(West), Mumbai-400078 through its Managing Director/authorized person.
- HDFC Ergo General Insurance Company Limited 5th Floor, Tower-1, Steller IT Park, C-26, Sector-62, Noida, through its Divisional Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.AshokKadian Advocate for complainant.
Sh.Gulshan Chawla, Advocate for opposite parties
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he is registered owner of a motorcycle bearing registration number HR-12Z-1522 and the same was insured with the opposite parties vide policy no.2312100249340900000 for the period 13.11.2017 to 12.11.2018. The IDV of the vehicle was Rs.60000/-. The alleged motorcycle met with an accident and was totally damaged. The complainant intimated to the opposite parties and also submitted claim form and relevant documents as required by the opposite parties. The complainant has been wandering to the office of respondents since that time but the respondents neither made the claim amount nor paying any heed towards the requests of complainant. Opposite parties inspite of releasing the claim in favour of complainant closed the file vide letter dated 13.11.2018 with the reasons 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 and thereafter the insured shall give all such information and assistance as the company shall require”. The complainant has provided the entire documents as per the requirements of the respondents and thus the complainant has been compelled to file the present complaint. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.60000/- alongwith interest @ 18% p.a. and also to pay Rs.25000/- as compensation on account of harassment and Rs.11000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that on receipt of the claim intimation on 21.10.2018 regarding the loss of the vehicle on 07.10.2018, opposite party registered the claim of the complainant and allotted the claim number C230018238491 for better communication in regard to the present loss and appointed an independent surveyor innovative Valuers and Engineer Consultant Pvt. Ltd. to assess the loss to the vehicle. As per the complainant, the vehicle in question met with an accident on 07.10.2018 whereas intimation regarding the loss has been given to the opposite party on 21.10.2018, after unexplained delay of 14 days. It is further submitted that the opposite party requested the complainant to hand over his damaged vehicle to the workshop so that the assessment and repair work can be done, however, the complainant failed to do so. Therefore, the opposite party served letter dated 31.10.2018, requesting the insured to hand over the vehicle to garage for inspection by the Independent surveyor for getting the report regarding genuineness of the accident and assessment of the claim thereof. Opposite party again served letter dated 05.11.2018 with the same request but with no result. Hence the opposite party vide letter dated 13.11.2018 had closed the claim of the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C17 and closed his evidence on 23.05.2022. On the other hand, Ld. counsel for opposite parties has tendered affidavit Ex. RW1/A, documents Ex.R1 to Ex.R5 and closed his evidence on 02.05.2023.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. We have perused the documents placed on record by both the parties. As per respondents, they wrote letters dated 31.10.2018, 05.11.2018 to the complainant regarding handing over the vehicle in question to the Garage for inspection by the surveyor but the complainant failed to do the same. So the opposite party vide its letter dated 13.11.2018 has closed the claim of the complainant. The complainant also placed on record a letter dated 13.11.2018 on record as Ex.C4. In this letter it has been specifically mentioned that : “During the conversation referred to above, you had stated that the vehicle will be handed over to the NA workshop at Rohtak for carrying out the necessary repairs. Relying on such statement, we appointed a Surveyor, InnovativeValuers and Engineer Consultant Pvt. Ltd. to conduct survey and to assess damages in accordance with the terms of the policy. The surveyor first visited the said workshop on 21.10.2018. However, the surveyor reported that vehicle has not been handed over to the said workshop for repairs as on the date of such first visit”. After receiving this letter the complainant has not taken step to survey the damaged vehicle by the surveyor who has been deputed by the insurance company. The complainant also failed to place on record any document to prove the fact that the vehicle in question is in total damaged condition. Moreover he has also not placed on record any estimate of repair of vehicle. The complainant merely placed on record the photographs of the damaged vehicle. This Commission is unable to assess the loss simply on the basis of photographs. It is pertinent to mention here that the claim of the complainant has not been repudiated by the opposite parties but the same has been closed by them due to non submission of vehicle for assessment and repair of vehicle.
7. In view of the facts and circumstances of the case, we hereby dispose of the complaint with direction to the complainant to get the vehicle surveyed from the surveyor deputed by the insurance company after giving prior intimation to the opposite party within 15 days that in which workshop the vehicle in question is present for assessment of loss. Thereafter opposite party shall depute a surveyor to assess the loss in the vehicle in question and to settle the claim of the complainant within 15 days from the date of intimation by the complainant.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
19.01.2024.
.....................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
..........................................
Vijender Singh, Member.
