BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.183/12.
Date of instt.: 15.06.2012.
Date of Decision: 28.09.2015.
Ved Pal son of Sh. Chanda Singh r/o VPO Deoban Wali Gamri, Ambala Road, Kaithal.
……….Complainant.
Versus
1. HDFC ERGO General Insurance Company Limited, SCO-237, Second Floor, Sector-12, Karnal-136001.
2. HDFC ERGO General Insurance Company Limited, 6th Floor, Leela Business Park Andheri, Kurla Road, Andheri East, Mumbai-400059.
3. Sh. Vaibhav Bansal, son of Sh. Yogender Bansal, resident of House No.417, Railway Road, Kaithal.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Shishpal Malik, Advocate for complainant.
Sh. Sudeep Malik, Advocate for the opposite parties.No.1 & 2.
Sh. Vaibhav Nirwani, Adv. for Op No.3.
ORDER
(HARISHA MEHTA, MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he is registered owner of the canter bearing No.HR-58/4565 and he got insured the said canter with the Ops vide cover note No.002300476696 valid w.e.f. 13.03.2011 to 12.03.2012. It is alleged that the canter of complainant met with an accident and got damaged on 21.11.2011. Information was given to Ops. It is further alleged that the complainant got repaired the said canter and spent Rs.50,000/- on its repair. The claim was lodged with the Ops but the Ops did not settle the claim amount to the complainant. This way, the Ops are deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite parties appeared before this forum and filed written statement separately. Ops No.1 and 2 filed joint written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; that the complainant has concealed the true and material facts from this Forum. The true facts are that the vehicle in question was not produced for inspection at the time of taking policy and due to this reason, the own damage section of the policy was cancelled, hence, the present claim from damage of the property is not maintainable; that there is no deficiency in service on the part of answering Ops. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
3. Op No.3 filed the written statement on the same line as followed by Ops No.1 & 2 and so, prayed for dismissal of complaint.
4. In support of his case, the complainant tendered in evidence affidavits Ex.CW1/A & Ex.CW2/A and documents Annexure C1 to Annexure C-15 and closed evidence on 06.11.2013. On the other hand, the Ops No.1 & 2 tendered in evidence affidavit Ex.R1 and document Ex.R2 and closed evidence on 06.11.2013. After amendment of complaint, the complainant tendered in evidence affidavit Ex.CW1/A and closed evidence on 08.06.2015. The Op No.3 did not adduce any evidence, so, evidence of Op No.3 was closed vide court order dt. 06.07.2015.
5. We have heard ld. counsel for both the parties and have also gone through the evidence led by the parties. Ld. Counsel for the complainant submitted that the complainant was registered owner of canter bearing No.HR-58/4565. The said canter was insured with the respondents valid w.e.f. 13.03.2011 to 12.03.2012 vide cover note No.002300476696 through the respondents’ Agent Sh. Vaibhav Bansal CD code No.01005178. The canter of complainant met with an accident and got damaged on 21.11.2011. The complainant informed the respondents in time and completed all the formalities. The respondents also sent a surveyor, who got prepared a report and assessed the loss but no surveyor report was found on the record. The complainant spent more than Rs.50,000/- on the repair of said vehicle. The complainant has not produced the original bills on the file and only produced the photo-copies of bills. The complainant spent Rs.15,343/- and Rs.31,173.85 paise at Ganpati Sales on 17.12.2011 (Ex.C8 & C9). The complainant again spent Rs.650/- and Rs.7500/- at Ganpati Sales and Durga Auto Mobile respectively (Ex.C10 & C11). He also spent Rs.3000/- on 26.11.2011 (Ex.C12).
6. On the other hand, the respondents contended that the vehicle in question was not produced for inspection at the time of taking policy but the two policies clearly indicate that there was no gap between the policies. In the first policy, the period of insurance
is from 13 March, 2010 to midnight of 12th March, 2011 and in the second policy, the period of insurance is from 13 March, 2011 to midnight of 12.03.2012. So, the question of inspection of vehicle does not arise. In the certificate of insurance-cum-policy schedule previous policy No.109001470535 which is valid from 13.03.2010 to 12.03.2011 of Reliance General Insurance Company Ltd., the insured declared that no claim has been made in the previous year policy and if the declaration was found incorrect, benefit under the present policy in respect of own damage section shall stand forfeited. In the present case, the complainant did not take any claim in the previous policy. The respondents mentioned here that the own damage section of the policy was cancelled but no evidence has been produced by the respondents whether they have refunded the amount or not. Hence, the respondents failed to produce any documents and failed to prove their case. So, we are of the considered view that the Ops No.1 and 2 are deficient while rendering services to the complainant.
7. Therefore, as a sequel of above discussion, we allow the complaint and direct the Ops No.1 & 2 to pay Rs.50,000/- (as prayed for) to the complainant, subject to submission of original bills to the Ops within fifteen days. Thereafter, the order be complied with within 30 days, failing which, the complainant shall be entitled interest @ 8% p.a. on the awarded amount from the date of commencement of this order till its payment. No order as to costs. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.28.09.2015..
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.
