Punjab

Sangrur

CC/1624/2015

Shashi Garg - Complainant(s)

Versus

Iffco Tokio Gen.Ins.Co.Ltd. - Opp.Party(s)

Shri S.S. Ratol

08 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                Complaint No.  1624

                                                Instituted on:    12.12.2015

                                                Decided on:       08.07.2016

 

Shashi Garg son of Sham Lal C/o 75-76, Madhu Colony, Yamuna Nagar (Haryana) permanent R/o Agar Nagar, Behind Khanna Foundation, Sangrur.

                                                        …Complainant

                                Versus

 

Iffco Tokio General Insurance Co. Ltd. 2^nd Floor, above hotel Hot Chop, Kaula Park Market, Sangrur through its Branch Manager.

                                                        ..Opposite party

 

For the complainant  :       Shri S.S.Ratol, Adv.

For OP                     :       Shri Darshan Gupta, Adv.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Smt. Shashi Garg, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant obtained the services of the OP by getting  insured her Honda car bearing registration number CH-01-AF-4520 vide policy number 1-36TJVQ7 for the period from 2.12.2014 to 1.12.2015 by paying the requisite premium of Rs.17,874/-. The case of the complainant is that her car met with an accident on 25.5.2015 near Patiala and was damaged badly, of which information was given to the Op and the OP appointed surveyor, who instructed the complainant to shift the vehicle at Lally Motors Pvt. Ltd. Sangrur for the purpose of repairs, where the vehicle was got repaired and the complainant spent an amount of Rs.90,417/- on its repairs, as such, the complainant submitted all the documents and bills to the OP for payment of the claim, but the OP repudiated the claim on the ground of ‘no claim bonus’. It is stated further that the vehicle met with an accident after the period of six months of its insurance and by that period the Op was bound to verify about the NCB, but the OP did not do so and wrongly repudiated the rightful claim of the complainant.  As such, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to make the payment of Rs.90,417/- to the complainant along with interest and further to pay compensation and litigation expenses.

 

2.             In reply filed by OP, it is stated that on the request of the complainant, the vehicle was insured with the Op for the period from 2.12.2014 to 1.12.2015 subject to the terms and conditions of the policy for Rs.11,00,000/- and the policy along with its terms and conditions were supplied to the complainant.  It is admitted that after receipt of the information of the accident of the vehicle, the Op immediately  appointed Shri Rajesh Aggarwal, surveyor and loss assessor, who submitted his report dated 29.6.2015 and assessed the loss to the tune of Rs.82,615/- after deducting policy clause as well as salvage value etc. It is further stated that the complainant had earlier declared that no claim has arisen under the expiring policy and claimed 25% no claim bonus.  But, the complainant has already claimed an amount of Rs.36,847/- on account of the claim from the earlier insurer i.e. Bajaj Allianz Insurance Company Limited, which means that the complainant concealed the true and material fact from the OP at the time of getting the insurance policy. As such, it was found that the complainant had claimed wrongly no claim bonus from the OP at the time of getting the vehicle in question insured from the OP. As such, it is stated that the Op has rightly repudiated the claim of the complainant as he made wrong declaration while getting the policy. Any deficiency in service on the part of the OP ha been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 copy of invoice, Ex.C-2 copy of insurance policy, Ex.C-3 copy of letter dated 17.8.2015, Ex.C-4 affidavit and closed evidence. On the other hand, the learned counsel for OP has produced Ex.OP-1 copy of insurance policy, Ex.OP-2 copy of motor claim form, Ex.OP-3 copy of motor final survey report, Ex.OP-4 copy of repair assessment sheet, Ex.OP-5 copy of claim history report, Ex.OP-6 copy of repudiation letter, Ex.OP-7 affidavit of Rajesh Agarwal and Ex.OP-8 affidavit of Sanket Gupta and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             It is an admitted fact that the vehicle in question of the complainant was insured with OP for Rs.11,00,000/- for the period from 02.12.2014 to 1.12.2015, as is evident from the copy of policy, Ex.C-2.  It is also not in dispute that the vehicle in question met with an accident on 25.5.2015 near Patiala and the information of which was given to OP. It is also not in dispute that the OP deputed Shri Rajesh Aggarwal, surveyor, who submitted his report, which is also on the record. Ex.OP3 is a copy of the survey report submitted by Shri Rajesh Aggarwal  whereby he assessed the net payable loss to the tune of Rs.82,615/-.

 

6.             In the present case, the main question for determination before us is whether the claim is payable or not, as the OP has repudiated the claim of the complainant on the ground that the complainant claimed ‘25% no claim bonus’ at the time of getting the insurance policy of the vehicle in question, whereas she had already claimed an amount of Rs.36,847/- in the expiring policy issued by Bajaj Allianze Insurance Company Limited, as is evident from the copy of the document i.e. claim history report Ex.OP-5.  There is no explanation from the side of the complainant that why she did not disclose this fact at the time of getting insured the vehicle in question and why she claimed 25% no claim bonus from the OP while getting insured the vehicle in question under consideration.  As such, we feel that the complainant claimed no claim bonus wrongly from the OP which is not fair on the part of the complainant, as such, we feel that such a person is not entitled to get any claim from the OP.  Further reliance can be placed on the judgment of the Hon’ble National Commission pronounced in Tata AIG General Insurance Company Limited and another versus Gulzari Singh II (2010) CPJ 272 (NC), wherein it has been held that at the time of getting the insurance policy, the complainant suppressed the material fact of receipt of earlier claim and further claimed no claim bonus, as such, it was held that such a person is not entitled to get any claim as the insurance is a contract of uberrima fides, where there must be complete good faith on the part of the insured.  Further the same view has also been taken by our Hon’ble Punjab State Commission in First Appeal No.36 of 2015 decided on 19.8.2015 in case titled as Reena Sofat versus United India Insurance Company Limited.

 

7.             In view of our above discussion, we find no merit in the complaint and the same is dismissed. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                July 8, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                              (K.C.Sharma)

                                                                Member

 

 

                                                                (Sarita Garg)

                                                                    Member