Haryana

Karnal

CC/604/2019

Raj Pal Singh - Complainant(s)

Versus

Iffco Tokio General Insurance Company Limited - Opp.Party(s)

Mange Ram Sangwan

26 Oct 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 604 of 2019

                                                        Date of instt.09.09.2019

                                                        Date of Decision 26.10.2021

 

Raj Pal Singh son of Shri Jile singh House no.49 Prithavi Vihar Meerut Road, Karnal District Karnal.

                                                 …….Complainant.

                                              Versus

 

1.     Iffco Tokio General Insurance co. Ltd. through its Branch

Manager, SCO 19-20 ground floor Part-1, Sector 12, near Mini Secretariat Hafed Office Sector 12, Urban Estate, Karnal.

 

2.     Iffco Tokio, General Insurance Co. Ltd. through its Sr. Manager Regd. Office Iffco Sadan C-1 District Centre Saket New Delhi-110017.

                                                                   …..Opposite Parties.

 

Complaint Under section 12 of the Consumer Protection Act, 1986 as amended Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

 

Argued by: Shri M. R. Sangwan, counsel for complainant.

                   Shri Naveen Khetarpal, counsel for OPs.

 

                    (Jaswant Singh President)

ORDER:   

                

                        The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant got insured his Mahindera Verito 1.5 D6 BS-4 car bearing no.HR 35G 7528 with the OPs, vide policy no.1-QVOOFTO, P-400 policy:M0815810, valid from 24.04.2018 to 23.04.2019.  On 22.01.2019 the said vehicle of the complainant met with an accident on the road, New Grain Market, G.T. Road Karnal, near Namestay Chowk, Karnal. A DDR no.4 dated 22.01.2019 has been registered in Police Station Sector-4 Karnal. Complainant sent the intimation regarding the said accident to the OPs and OPs appointed a surveyor for assessment of the loss. On the instruction of the OPs, the vehicle was parked in the Mahindra authorized service centre, Karnal. Complainant filed the claim form and submitted all the concerned documents with the OPs, but till today OPs neither settled nor approved the claim of the complainant. It is further averred that OPs had not allowed either to repair the vehicle or to settle the claim on total loss basis. The Mahindra authorized service centre asked complainant either to get approve claim from OPs or picked the damaged vehicle from the service centre, otherwise the service centre will charged parking charges if claim is not settled within seven days. As per policy, complainant is entitled to get compensation of Rs.4,50,000/- i.e. Insured Declared Value (IDV) of the vehicle on total loss basis but till 17.05.2019, OPs have neither permitted the service centre to repair the vehicle nor settled the claim on total loss basis. In this way there was deficiency in service on the part of the OPs. Hence, complainant filed the present complaint.

2.             On notice, OPs appeared and filed their written version raising preliminary objections with regard to maintainability; complaint is premature; non-cooperative behaviour of the complainant; jurisdiction and concealment of true and material facts. On merits, it is pleaded that on receipt of intimation of loss from insured/complainant regarding the alleged accident of insured vehicle no.HR35G7528, OPs’ company appointed Shri J.K. Sharma as surveyor to inspect the damage of the vehicle and assess the loss. The appointed surveyor observed that, the damages on the vehicle seems doubtful. The OPs’ company thereafter appointed an investigator M/s Karnal & Associates to check the veracity of the reported claim as well as detail investigation of the loss. During investigation, the said investigator requested the complainant to give his statement in writing and to show him place of accident but the complainant did not cooperate with him. The investigator also sent letters dated 07.06.2019, 01.07.2019 and 18.07.2019 to complainant for his cooperation, so that they can complete their investigation and submit their report to the OPs’ company, but insured has not cooperated with the investigator and even not answered the phone calls made by investigator. The investigator has left no other option, but to close their investigation without any investigation. The OPs’ company has also sent letter dated 18.09.2019 to complainant in this regard but complainant did not reply the said letter. The claim of the complainant was closed by the OPs due to non compliance of formalities on the part of complainant. The complainant conveyed by the OPs, vide letter dated 03.10.2019. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Complainant tendered into evidence his affidavit Ex.C1, copy of R.C. Ex.C2, copy of insurance cover note Ex.C3, copy of DDR no.4 dated 22.01.2019 Ex.C4, copy of legal notice Ex.C5, postal receipts Ex.C6 and Ex. C7, acknowledgement Ex.C8 and closed the evidence on 09.03.2020 by suffering separate statement.

5.             On the other hand, OPs tendered into evidence affidavit of Devendra Kumar General Manager Ex.RW1/A, affidavit of Balbir Sigh partner of Karnal Associates (Investigating and Defective Agency) Ex.RW2/A, affidavit of J.K. Sharma Surveyor Ex.RW3/A, letters dated 03.10.2019 and 18.09.2019 Ex.R1 and Ex.R2, copy of investigation report dated 25.07.2019 Ex.R3, copies of letters dated 07.06.2019, 01.07.2019, 18.07.2019 Ex.R4 to Ex.R6, surveyor report Ex.R7, claim form Ex.R8 and closed the evidence on 24.09.2021 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for the complainant, while reiterating the contents of the complaint, has vehemently argued that during subsistence of insurance policy, the vehicle of the complainant met with an accident and had been shifted to Mahindra authorized service centre, Karnal for repair. Information regarding accident was also given to OPs. OPs appointed an investigator namely Shri Balbir Singh for assessment of the loss. The investigator demanded relevant documents from complainant, complainant submitted all the required documents with the OPs and the investigator. Thereafter, complainant requested the OPs for releasing of his genuine claim regarding the vehicle in question but OPs did not pay any heed to the request of complainant. Hence, prayed for allowing the complaint with compensation and litigation expenses etc.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of the written version, has vehemently argued that on receiving the intimation regarding the alleged accident, OPs appointed and surveyor and investigator for verification and assessment of damages. The surveyor and investigator conducted the survey of the insured vehicle.  After the survey, the OPs and the investigator had issued letters dated 07.06.2019, 01.07.2019 and 18.07.2019 to the complainant requesting him to provide the statement regarding accident and to show the place of accident but complainant did not cooperate with the OPs. Hence, the claim of the complainant had been closed due to non-compliance of documents.  Hence, prayed for dismissal of complaint with costs.

9.             Admittedly, the vehicle in question met with an accident during the subsistence of insurance policy. Intimation was given to the OPs and vehicle in question got surveyed by the OPs.

10.           The claim of the complainant has been closed by the OPs, vide letter Ex.R1 dated 03.10.2019 and letter Ex.R2 dated 18.09.2019 on the ground that for non compliance of the formalities. In this regard OPs have wrote letters Ex.R4 dated 07.06.2019, Ex.R5 dated 01.07.2019 and letter Ex.R6 dated 18.07.2019 to the complainant. Abovesaid letters have been sent by the OPs through registered AD, which has been proved from the postal receipt affixed on the said letters. Despite repeated requests, complainant did not co-operate the OPs. As per the above letters complainant failed to record his statement and also failed to show the place of accident. Abovesaid letters has not been rebutted by the complainant by leading any cogent evidence. Hence, it has been proved on the record the complainant has failed to fulfill the formalities mentioned in the abovesaid letters during the investigation. Moreover, in the present complaint, as per the OPs the accident is also doubtful and complainant has failed to show the place of accident.  The claim of the complainant has not been repudiated by the OPs and the same has been closed by the OPs on the abovesaid ground. Hence, we are of the considered view that, at the stage, the complaint of complainant is pre-mature and OPs are not deficient in closing the claim of the complainant.

11.            In view of the above discussion, the present complaint is disposed of with the direction to the complainant to fulfill the formalities as mentioned in the letters Ex.R4 to Ex.R6, and after completion of all the formalities, OPs are hereby directed to settle the claim of the complainant, within 30 days from completion of the formalities. No order as to costs. This order shall be complied with accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:26.10.2021 

 

                                                                       

                                                                President,

                                                    District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

 

 (Vineet Kaushik)      

         Member