Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 444.
Instituted on : 31.07.2017.
Decided on : 27.02.2019.
- Baljeet s/o Sh. Kewal.
- Smt. Roshni w/o Sh.Baljeet
Both residents of village Singhwa Khas Tehsil Hansi District Hissar.
……..Complainants.
Vs.
- IFFCO-TOKIO General Insurance Co. Ltd., Through its Divisional Manager SCF-23, 2nd Floor, Subhash Park, Near IndusInd Bank, Delhi Road, Rohtak.
- IFFCO-TOKIO General Insurance Co. Ltd., Through its Divisional Manager First Floor, Sohan Singh Complex, Shastri Nagar, Near Railway Crossing Ludhiana..
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH.VED PAL, MEMBER
DR.RENU CHAUDHARY, MEMBER.
Present: Sh.Prinkal Khurana Advocate for complainant.
Sh.R.K.Behl Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that Ajay son of complainant is owner of a Trax Cruiser/vehicle bearing no.HR-56A-0816 and the same was insured with the respondents vide policy no.97785940 for a period from 4.5.2016 to 3.5.2017 against an assured amount of Rs.460000/-. That the said Trax cruiser met with an accident on 7.9.2016 and the vehicle was damaged badly. That Ajay owner of the vehicle again met with an accident after two days i.e. on 09.09.2016 and died due to the injuries sustained by him in that accident. That complainant filed the claim with the opposite parties and submitted all the relevant documents. But the opposite parties did not pay the claim amount till date despite repeated requests of the complainant. That the act of opposite parties is illegal and there is deficiency in service on the part of OPs. Hence, this complaint and the complainant has prayed for directing the opposite parties to pay Rs.160000/- against the damages of vehicle alongwith interest, compensation and litigation as explained in relief clause.
2. On notice opposite parties appeared and filed their written reply submitting therein that the surveyor appointed by the opposite party has assessed the loss for Rs.31000/- subject to completing all the formalities. He has sent the registered letter to the insured for submitting the claim form duly filled and signed, verified copy of D.L., R.C., Aadhar etc. and repair/replacement bills but the insured has not provided the same insptie of reminders. Insured has not produced the vehicle for inspection. Vehicle is registered as private car but the policy was taken for commercial vehicle, hence the answering respondent is not liable to pay any compensation. That there is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, Ex.CW2/A, documents Ex.C1 to Ex.C18 and the evidence of complainant was closed by the Court order dated 05.07.2018. Ld. counsel for the OPs tendered affidavit Ex.RW1, RW1/B documents Ex.R2 to Ex.R7 and closed his evidence on dated 11.10.2018.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the report of surveyor is not genuine as the date of accident is mentioned as 18.09.2016. Secondly estimated cost of parts is not mentioned anywhere in the survey report, only assessment is mentioned. If the complainant or the authorized person not submitted the original bills with the surveyor, how he came to the conclusion that some parts have been repaired or replaced whereas perusal of the bills itself shows that these bills were issued on 14.02.2017. The insurance company wrote letters Ex.R2 dated 13.02.2017 and Ex.R3 dated 18.01.2017 to the complainant for submitting the bills and other relevant documents. Meaning thereby, the surveyor has not received any bill for assessment so the report cannot be believed at this stage. Perusal of the file shows that the original bills are placed on record as Ex.C9 to Ex.C15. So the complainant is directed to obtain the alleged bills from this Forum and to submit the same with the respondents within 30 days and in turn opposite parties are directed to settle the claim of the complainant within 30 days from the date of submission of documents/original bills by the complainant. Complaint is disposed of accordingly with the observation that in case the complainant is not satisfied with the decision of the opposite parties, he shall be at liberty to file the fresh complaint. Original documents/exhibits submitted by both the parties shall be returned to them and photocopy of the same be placed on record.
6. 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:
27.02.2019.
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Nagender Singh Kadian, President
………………………….
Ved Pal Hooda, Member.
……………………………….
Renu Chaudhary, Member.
