Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 229.
Instituted on : 12.04.2017.
Decided on : 24.01.2019.
Vikas Singh s/o Sh. Partap Singh R/o H.No.1322/21 Prem Nagar Rohtak age 40, Mb. no.08059370786.
………..Complainant.
Vs.
- IFFCO-TOKIO General Insurance Co. Ltd., IFFCO Sadan, C-1, District Centre, Saket New Delhi through its Branch Manager.
- IFFCO TOKIO General Ins. Co. Ltd. Br. Office, Rohtak SCO 1 1st Floor near Agro Mall Sec 14, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh.Naveen Saini, Advocate for the complainant.
Sh.R.K.Behl, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is registered owner of vehicle no.HR-12L-7860 which was insured with respondent company vide policy no.96754823 for a sum of Rs.550000/-. That on 3.9.2016 the complainant was going to Gohana and on the way he noticed some smoke near the accelerator and when he stopped the vehicle for checking the same and had seen that the smoke was coming from bonnet, in the meantime fire was caught in that portion. He immediately informed the fire brigade and police in this regard but when the fire brigade reached there, till then the vehicle was burnt. That complainant informed the officials of OP on time and vehicle was got surveyed by the surveyor of OP and he prepared his assessed damaged report. That complainant applied for the claim with the opposite party and submitted all the relevant documents but despite his repeated requests, claim has not been settled by the opposite party. That the act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and the complainant has prayed for directing the opposite parties to pay the claim of Rs.550000/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that as per forensic investigation conducted by M/s Truth Labs Forensic Service(Truth Foundation) & Surveyor appointed by the company, it is observed that the fire occurred on the vehicle was not on account of the Electrical short circuit, mechanical or combustion failure but appears to be a deliberate act on the part of the driver/owner by putting the ignitable flammable in the interior of the car cabin in order to give the design of accident fire causing such huge damages therefore the act done with such an ulterior motive/wrongful gain is not covered under the said policy and hence not payable by the Insurance company. There is also a gross misrepresentation of facts and violation of policy terms and conditions. After legal process, respondent has rightly repudiated the claim vide letter dated 29.12.2016. 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, documents Ex.C1 to Ex.C31 and closed his evidence on dated 22.11.2018. On the other hand, ld. counsel for OPs has tendered affidavit Ex.RW1/A, Ex.RW1/B, documents Ex.R1 to Ex.R3 and closed his evidence.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. The perusal of photographs itself shows that car has been totally burnt and nothing has been found in the car. As per report Ex.R1, placed on record by the respondent officials, issued by M/s Truch Labs Forensic Servies(Truth Foundation) & Surveyor, the report is having 25 leaves and as per the report, “The expert team examined the car in question on dated 15.10.2016 and they collected important evidence on the spot i.e. photographs, notes and sketches during the inspection. The perusal of photographs itself shows that the car was totally burnt and as per expert report, he came to the conclusion that the car was burnt intentionally by putting ignitable flammable and combustible fire accelerants in the interiors of the car cabin in an attempt to fabricate an accidental fire”. We fail to understand when the accident had taken place on 03.09.2016 and the expert found these substances in the car on dated 15.10.2016 whereas the car had already been totally burnt whereas no conclusive proof of chemical examination is placed on record. Moreover, it has not been stated that the complainant or any authorized person was present on the spot at the time of examination of car by the expert. No spot memo was prepared. Hence the report cannot be believed which is issued with ulterior motive. Hence the complainant is entitled for the claim amount from the opposite parties. However, as per policy Ex.C2, the vehicle in question was hypothecated with HDFC Bank Ltd. but as per the complainant, he has cleared all the loan amount and the vehicle is free from loan. To prove his contention, complainant has placed on record copy of R.C. Annexure-A which is valid w.e.f. 23.03.2009 and no HPA/Lease is mentioned in the RC.
5. In view of the facts and circumstances of the case, complaint is allowed and the complainant is entitled for IDV of vehicle after deduction of salvage value which we have assessed as Rs.10000/-. As such it is directed that opposite party no.1 & 2 shall to pay Rs.550000/- less Rs.10000/- i.e. to pay Rs.540000/-(Rupees five lac forty thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 12.04.2017 till its realization and shall also pay Rs.10000/-(Rupees ten thousand only) as compensation and litigation expenses to complainant within one month from the date of decision.
6. Copy of this order be supplied to both the parties free of costs.
7. File be consigned to the record room after due compliance.
Announced in open court:
24.01.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Saroj Bala Bohra, Member.
