Haryana

Yamunanagar

CC/657/2010

Sudha Tyagi S/o Brij Mohan - Complainant(s)

Versus

ICICI Lombard General Insurance Company Ltd. - Opp.Party(s)

Dinesh Raghav

09 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 657 of 2010.

                                                                                             Date of institution: 17.07.2010.

                                                                                             Date of decision: 09.06.2016

Smt. Sudha Tyagi aged about 44 years wife of Sh. Brij Mohan, resident of House No. 657, Durga Garden, Jagadhri, District Yamuna Nagar.

                                                                                                                                                           …Complainant.

1. ICICI Lombard General Insurance Company Ltd through its Managing Director, ICICI Bank Towers, Banda Kurla Complex, Mumbai-400051.
2. Manager, ICICI Lombard General Insurance Company Ltd. Ist Floor, Tarloki Chander, Near M.C. Office, Ambala Cantt.
3. Branch Manager, ICICI Lombard General Insurance Company Ltd. Commercial Belt,Sector-17, HUDA, Jagadhri, District Ymauna Nagar.

                                                                                                                                                     …Opposite parties. 

 

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Dinesh Raghav, Advocate, counsel for complainant.  

                Sh. Parmod Gupta, Advocate, counsel for OPs.

             

ORDER

 

1.                     Complainant Sudha Tyagi  has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondents (hereinafter referred as OPs) be directed to make the payment of Rs. 1,18,718/- on account of repair of Ballero Pikup bearing registration No. HR-58A-833, which was damaged in an accident and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant is the registered owner of the Mahindra Bollero Pikup bearing registration No. HR-58A-833 which was insured with the OPs Insurance company vide its cover Note bearing No. GJ-8502630 w.e.f. 04.08.2009 to 03.08.2010. In the month of August 2009, the vehicle in question met with an accident and was badly damaged. A claim was lodged with the Ops Insurance Company who deputed an investigator as well as surveyor and loss assessor to assess the loss. The Surveyor Sh. Yogesh Kumar submitted his report assessing the loss near about to the tune of Rs. 1,18,718/- approximately but the claim of the complainant was not paid by the Ops Insurance Company. A legal notice was also served on 22.06.2010 but the OPs failed to reply the same. As the claim of the complainant has not been settled by the OPs. So, there is a deficiency in service on the part of the OPs. Hence, this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is bad on account of non-joinder and mis-joinder of necessary parties; a complicated question of law and fact is involved; there is no deficiency in service or negligence on the part of the OPs, rather the deficiency lies on the part of the complainant herself as she has not completed the formalities by supplying the copy of registration certificate, fitness certificate and route permit which are mandatory because the insurance was done on the basis of sale letter i.e. on the basis of chassis and engine number, so, all the above documents were required for verification and to correlate the vehicle, but the complainant has totally failed to supply the same inspite of number less requests and finally a letter was written to her on 25.06.2009. Hence, there is no deficiency in service on the part of the OPs and the claim file of the complainant has been righty closed for non supply of the said documents and on merit it has been submitted that a Pickup van Bollero Model 2009 bearing Chassis No. 44345 and Engine No. 58289 having IDV Rs. 4,27,500/- was insured w.e.f. 05.08.2009 to 04.08.2010. It has been further admitted that a preliminary survey was got conducted by the OPs Insurance Company through Sh. Yogesh Verma who gave his fact finding report dated 17.06.2010 assessing the loss to the tune of Rs. 43,828/- after taking into consideration, depreciation, salvage, compulsory excess clause etc. subject to its terms and conditions of the insurance policy and further subject to verification of documents but since the complainant has not supplied the documents i.e. Registration Certificate, fitness certificate and route permit for verification, so, the claim file was rightly closed. Lastly, prayed for dismissal of complaint.

4.                     As the complainant failed to lead any evidence, hence her evidence was closed by court order on 30.03.2016. However, at the time of filing of complaint, complainant filed her affidavit and documents such as Photo copy of Legal notice dated 22.06.2010 as Ex. C-1, Acknowledgement as Ex. C-2, Photo copy of cover note as Ex. C-3, Photo copies of Bills dated 14.11.2009, Ex. C-4 to C-6, Photo copy of bill dated 15.11.2009 as Ex. C-7 with the complaint in support of her complaint.

5.                     On the other hand, counsel for OPs tendered into evidence affidavit of Sh. Gurpreet, Manager,  ICICI Lombard General Insurance Co. Mohali, as Annexure RW/A and affidavit of Gaurav Sood, Surveyor as Annexure RW/B and documents such as Photo copy of Sale Certificate as Annexure R-1, Photo copy of insurance policy as Annexure R-2, Photo copy of claim form as Annexure R-3, Photo copy of surveyor report as Annexure R-4, Photo copy of assessment sheet as Annexure R-5, Photo copy of repudiation/ claim close letter dated 25.06.2009 as Annexure R-6 and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel of both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely. During the course of argument, counsel for the complainant placed on file photo copy of verification report issued by Registering Authority, Yamuna Nagar in respect of registration of the vehicle bearing No. HR-58A/833 which was ordered to be marked as Ex. C-8.

7.                     It is not disputed that Mahindra Bollero Pickup bearing registration No. HR-58A-0833 which was insured with the OPs Insurance Company w.e.f. 04.08.2009 to 03.08.2010 met with an accident and was badly damaged. It is also not disputed that complainant lodged her claim with the Ops insurance company and a surveyor and loss assessor namely Sh. Gaurav Sood and Sh. Yogesh Verma were deputed for assessing the loss who submitted their reports and assessed a sum of Rs. 43,828/-, after deducting the discount excess clause etc. The only plea of the OPs Insurance Company is that the complainant failed to submit the requisite documents i.e. registration certificate, fitness certificate and route permit despite so many requests and repeated reminders, so, the claim of the complainant was filed.

 8.                    On the other hand, learned counsel for the complainant hotly argued at length that genuine claim of the complainant has been wrongly withheld by the OPs Insurance Company and draw our attention towards the repair bills Ex.  C-4 to C-7 and argued that complainant has spent huge amount on repair of the vehicle in question. Further learned counsel for the complainant draw our attention towards Sale Certificate Annexure R-1 and Verification of Registration issued by Registering Authority, Yamuna Nagar Ex. C-8 and argued that from the perusal of sale certificate as well as verification of the registration certificate, it is clearly evident that the complainant purchased the vehicle on 04.08.2009 and on the same day she got insured it with the OPs vide cover note No. GJ8502630 valid from 04.08.2009 to 03.08.2010. Lastly, argued that the vehicle of the complainant met with an accident on 24.08.2009 within a period of 20 days from the date of purchase i.e. 04.08.2009. As such, it cannot be presumed that vehicle in question was not having fitness certificate.

9.                     After hearing both the parties and going through the report of Registering Authority in respect of ownership and particulars of the vehicle in question (Annexure C-8) filed during the course of argument, it is evident that vehicle in question was having fitness validity up to 19.08.2011 and the vehicle in question was registered in the name of complainant i.e. Smt. Sudha Tyagi wife of Sh. Brij Mohan and its registration date was 20.08.2009. The plea of the OPs Insurance Company that complainant has not submitted the documents i.e. RC, Route Permit and fitness certificate is not tenable as these documents could be verified by deputing investigator or through surveyor and loss Assessor but no step has been taken by the Ops Insurance company to verify the same. From the perusal of the Insurance policy (Annexure R-2) it is clearly evident that the vehicle in question was registered in the name of Sudha Tyagi as the policy stands in her name and the claim was also lodged by Smt. Sudha Tyagi, so, it cannot be presumed that complainant was not having any insurable interest in the vehicle in question at the time of accident, even, no such evidence has been filed by the OPs Insurance Company. Further the OPs Insurance Company has not disclosed in their reply that at the time of alleged accident the vehicle in question was carrying any goods or passenger so, there was no requirement to verify the route permit. Even the ops Insurance company failed to place on file any Letter/Notice issued by the Ops Insurance company to the complainant to submitted RC,Fitness Certificate and Route Permit.  As such, the OPs insurance company has wrongly closed the file of the complainant.  

10.                   Now the next question remains, as to what extent the complainant is entitled to get damages. Learned counsel for the complainant argued that complainant has spent Rs. 1,18,718/- on account of damage to the vehicle but no cogent evidence by way of expert report has been filed by the complainant to prove that she is entitled to get the same whereas on the other hand, loss has been assessed by the surveyor and loss assessors to the tune of Rs. 43828/- on net loss basis vide his report (Annexure R-4) and it is settled proposition of the law held by the Hon’ble National Commission as well as State Commission in various cases that surveyor is the best technical person to assess the loss and credence should be given to the surveyor report in the absence of any discrepancy or ambiguity in the surveyor report.

11.                   After going through the above noted facts, we are of the considered view that the OPs Insurance Company has wrongly withheld the claim of the complainant. As such the complainant is entitled for relief.

12                    Resultantly, we partly allow the complaint of complainant and direct the OPs Insurance Company to pay the assessed amount of Rs. 43828/- alongwith interest at the rate of 6 % per annum from the date of filing of complaint till its realization and further to pay a sum of Rs. 2000/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 09.06.2016

                       

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.