Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 169.
Instituted on : 03.04.2019
Decided on : 03.01.2024
Savitri age 44 years wife of Om Kumar resident of village BhaiyapurLadhot District Rohtak.
………..Complainant.
Vs.
- IFFCO TOKIO General Insurance Company Limited, SCF 23, 2nd Floor, Subhash Park, Near Indusind Bank, Delhi Road, Rohtak through its Divisional Manager.
- IFFCO TOKIO General Insurance Company Limited, Plot no.2, Sector 28-A, 3rd floor, Chandigarh through its Motor Claim Manager.
…….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1988
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.VIJENDER SINGH, MEMBER.
DR.TRIPTI PANNU, MEMBER
Present: Sh.YashvirDahiya, Advocate for the complainant.
Sh.PuneetChahal Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case, as per the complainant are that he is owner of vehicleno.HR-12R6090 and the same was insured with the respondents vide policy no.2993212. The above said vehicle met with an accident on 07.06.2018 but the claim has not yet been given to the complainant. Opposite party sent some documents at the address of complainant and surveyor of the respondent told on mail id of complainant that the net liability is payable as Rs.364260/- The surveyor has also told the complainant that the respondent company has sold the vehicle for Rs.85000/- and the company would be taking salvage/damaged vehicle. It was also told that the net liability of Rs.364260/- and Rs.85000/- would be paid to her by the respondent company but only an amount of Rs.25000/- has been paid. In this way the respondent are liable to pay Rs.364260/- + Rs.60000/- to the complainant. Complainant had already completed all the formalities and requested the opposite parties to pay the alleged amount but despite his repeated requests, the amount has not been paid to the complainant. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.364260/- plus Rs.60000/- as claim amount and Rs.250000/- as compensation for harassment etc. and litigation expenses to the complainant.
2. After registration of complaint notice was issued to the opposite parties. Opposite parties in their reply has submitted that on receipt of the intimation of loss on 07.06.2018 with respect to the alleged accident of insured vehicle, insurance company appointed the surveyor who assessed the liability of company for Rs.364260/- on constructive total loss –Net of salvage basis subject to the submission and completion of necessary formalities such as RC cancellation certificate from the concerned RTO etc. Scrap value of the damaged vehicle was assessed at Rs.85000/- and complainant has confirmed in his letter that she has received advance Rs.25000/- of scrap value of damaged vehicle from scrap buyer M/s Cardekho(Girnarsoft Soft-AutoPvt. Ltd.) However, the complainant neither handed over the scrap of vehicle to the buyer nor refunded the advance received due to the reason best known by the complainantherself. Now the liability of company after adjusting Rs.25000/- comes to Rs.339260/-. Inspite of letters dated 30.01.2019, 08.02.2019, 20.03.2019 and reminders, insured has not submitted the documents/completed the formalities. As such there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought..
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C11 and thereafter failed to conclude his evidence. As such the evidence of complainant was closed by the order dated 22.03.2021 of this commission. Ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R5 and has closed his evidence on dated 11.01.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. We have perused the documents placed on record by both the parties. In the present case the accident of the vehicle had taken place on 07.06.2018 and the surveyor was deputed by the opposite parties and the assessment was made by the surveyor. The complainant has given a consent on dated 20.12.2018, which is placed on record Ex.R4, as per which complainant had accepted the loss as Rs.364260/- towards full and final settlement. Insured also undertaken that she would not claim any further amount pertaining to the said motor vehicle. After that the scrap of the vehicle has been sold to Cardekho(Girnarsoft Soft Automobiles Pvt. Ltd.) for an amount of Rs.85000/- and the Cartdekhoalso paid an advance amount of Rs.25000/- to the complainant. Thereafter the scrap vehicle was to be handed over by the complainant to the buyer but the vehicle hasnot been handed over to the buyer by the complainant and also not completed the required formalities. Thereafter an intimation has been given by the buyer i.e. Cardekho vide UTR No.CMS1019889462 dated 29.01.2019 and thereafter a letter has been issued by the insurance company to the complainant on dated 30.01.2019 and requested the complainant to submit the required documents and complete the formalities.
6. After perusal of the documents, we came to the conclusion that complainant has neither handed over the vehicle to the buyer nor completed the required formalities for the final settlement of the claim or payment as mentioned in the letter Ex.C1 i.e.
- Duly notarized consent letter duly filled and signed.
- R/C cancellation certificate from concerned RTO
- Discharge Voucher duly filled and signed
- KYC (Copy of Pan Card & any address proof)
- NEFT Details of Insured/Financer.
- Original policy for cancellation after settlement of claim.
Now the present complaint has been filed by the complainant. As per our opinion the surveyor has rightly assessed the scrap value of the vehicle as Rs.85000/- and the complainant has also received an advance amount of Rs.25000/- on account of scrap value. As per the surveyor the insurance company’s liability was assessed as Rs.364260/- and the IDV of the vehicle was Rs.451260/- but the claim could not be settled due to non completion of required formalities. As per our opinion complainant is entitled for Rs.339260/-(Rs.451260/- less scrap value Rs.85000/- less Policy excess Rs.2000/- less Rs.25000/- received in advance by the complainant).
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the complainant to complete the formalities e.g. to send aletter to the RTO for cancellation of R.C. and to send the copy of the same to the insurance company for information as well as NEFT details within 15 days from today and thereafter opposite parties are directed to pay the amount of Rs.339260/-(Rupees three lac thirty nine thousand two hundred and sixty only) and also to pay Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month, failing which opposite parties shall be liable to pay interest @ 9% p.a. from the date of decision. Complainant is further directed not to use the vehicle in question and he can only sell the vehicle in scrap.
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:
03.01.2024
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Nagender Singh Kadian, President
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TriptiPannu, Member
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Vijender Singh, Member.
