Before the District Consumer Disputes Redressal Commission, Rohtak.
Consumer Complaint No. 706
Instituted on: 20.12.2019
Decided on : 17.12.2024
Sita Ram (Aged 49 years) S/o Raghubir Singh R/o H. No. 843/21, Rishi Nagar Ladhot Road, Rohtak.
….Complainant
Vs.
- ICICI Lombard General Insurance Co. Ltd. Regional Office at Tower-D, 12th floor, Global Business Park, Mehrauli, Guragaon Road, Gurgaon, Haryana 122002.
- ICICI Lombard General Insurance Co. Ltd. Office at 2nd floor, AppuGhar Shopping Complex, Civil Road, Rohtak.
- S.K. Jain Motor Company, Tilak Nagar, Delhi Bye Pass Road, Rohtak.
……Opposite Parties
COMPLAINT UNDER CONSUMER PROTECTION ACT.
BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJDENER SINGH, MEMBER.
Present: Sh. PardeepAhlawat, Advocate for the complainant.
Sh. Naveen Chaudhary, Advocate for the opposite parties no.1 &2.
Opposite party no.3 already exparte VOD 07.02.2022.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the present complaint, according to the complainant, are that he is a registered owner of a vehicle/Scooter TVS Jupiter (BS IV), bearing registration no. HR-12AH-3775 which was purchased by him from opposite party no.3. The said vehicle is insured with opposite parties no.1 vide insurance policy no.3005/IV/13808529/00/000 valid from 12.01.2019 to 11.01.2020. The said vehicle of the complainant met with an accident on 19.09.2019. Complainant informed about the said accident to the opposite parties and shifted his vehicle to respondent no.3, the authorized service centre of TVS Co. The surveyor of insurance company visited the workshop and assessed damages caused to the said vehicle. Vehicle of complainant got repaired by respondent no.3 and a bill of repair of Rs.4,477/- was issued and the complainant was asked to pay the same and to claim the same from insurance company. The complainant submitted all the necessary documents and claim form with opposite parties and officials of the insurance company assured the complainant that his claim will be settled within a short time. On 25.09.2019 complainant received information that his account has been credited with Rs.2,169/- through NEFT by ICICI General Insurance Co. whereas the complainant submitted a claim of Rs.4,477/- with opposite party. The complainant visited the opposite parties regarding part payment of his claim amount but opposite parties kept lingering on the matter on one pretext or the other and finally refused to pay any heed to the genuine requests of the complainant. Hence this complaint and it has been prayed that opposite parties may kindly be directed to accept the claim submitted by the complainant in full and to pay a sum of Rs. 50,000/- on account of compensation for mental agony and other financial losses suffered by complainant besides any other relief which this Commission may found deem fit and proper, to the complainant.
2. Upon notice, opposite parties appeared. Opposite parties no.1 and 2 filed their joint written statement whereas the opposite party no. 3 failed to file its reply and was proceeded against exparte later on vide order dated 07.02.2022 of this Commission.
3. Opposite parties no. 1 and 2 filed their written statement taking some preliminary objections that the complaint is not maintainable and complainant has not come to this Hon’ble Commission with clean hands as complainant has supressed material facts. The complaint is false, frivolous and the same is liable to be dismissed. On merits of the case, it is submitted that the opposite party has already paid Rs.2169/- as the net loss liability as assessed by the surveyor and the same was credited into the account of complainant as per the impartial survey report and net loss liability assessed by the Surveyor Sh. Neeraj N. Verma of opposite party. The claim amount of Rs.2169/- was arrived at after mutual discussions with the complainant and as per the voluntary and unqualified consent given by the complainant. It is submitted that complaint has been filed with ulterior motive and malafide intention to cause harassment and prejudice to the respondents and complainant is not entitled to get any other claim from the respondent. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
4. Learned counsel for the complainant tendered affidavit Ex. CW1/A and documents Ex. C-1 to Ex. C-7 and closed the same on 05.05.2023. On the other hand, learned counsel for the opposite parties no.1 and 2 tendered documents Ex. R-1 to Ex. R-9 in his evidence and stated that reply already filed be read in in their evidence and closed the same on dated 07.10.2024.
5. We have heard the arguments of learned counsels for both the parties, perused the documents placed on record and have gone through material aspects of the case very carefully.
6. As per the complainant, his vehicle met with an accident on 19.09.2019 and he spent an amount of Rs.4477/- on the repair of his vehicle. The bill is placed on record as ‘Annexure-JNA’and policy‘Annexure-JNB’. He received an amount of Rs.2169/- on dated 25.09.2019 from the insurance company as full and final amount. He further submitted that the respondent have wrongly deducted an amount of Rs.2308/- from the repairbill amounting to Rs.4477/-. As per complainant,the policy is zero dept. policy, so he is entitled for the full claim amount spent by him on the repair of his vehicle. To prove this fact he has placed on record policy Ex.C4. On the other hand, respondent has submitted that as per survey report Ex.R9, the complainant is entitled for an amount of Rs.2169/- and the same has been paid to the complainant. As per our opinion, the policy has been issued after receiving an amount of Rs.304/- on account of Add on coverage(Zero Dep. RTI). Hence the complainant is entitled for the full claim from the opposite party. Hence the deduction of Rs.2308/- from the repair bill is illegal and amounts to deficiency in service on the part of opposite parties no.1 & 2 and opposite parties no.1 & 2 are liable to pay the same to the complainant.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties no.1 & 2 to pay the remaining claim amount of Rs.2308/-(Rupees two thousand three hundred and eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 20.12.2019 till its realisation and shall also pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
9. 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:
17.12.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member.
