Jammu and Kashmir

Jammu

CC/165/2018

ANOD SHARMA - Complainant(s)

Versus

IFFCO TOKIO INSURANCE - Opp.Party(s)

KS PURI

06 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                114/DFJ           

 Date of  Institution    07-06-2016

 Date of Decision         18-09-2018

 

Anod Sharma,

S/O Late Tara Chand Sharma,

R/O Industrial Estate Opposite

Peer Baba Jeewan Nagar,Jammu.

                                                                                                                                                                Complainant

          V/S

1.The Authorised Signatory

   Iffco Tokio General Insurance Co.Ltd.

  Regd.Office IFFCO Sadan Distt.Centre,

Saket New Delhi-110017.

2.Customer Service Centre,North IFFCO House,

3^rd Floor 34 Nehru Place,New Delhi-110019.

3.Sh.Gaurav Mahajan SBU Head IFFCO Tokio

    General Insurance Co.Ltd.Sainik Colony,Jammu.

                                                                                                                                                                Opposite parties

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

 Mr.K.S.Puri,Advocate for complainant, present.

Nemo for OPs.

 

                                                                 ORDER

                                Shorn of unnecessary details, facts relevant for the disposal of complaint on hand are that; complainant being registered owner of vehicle bearing registration No.JK02AQ-7845 Eeco Car, which was duly insured with OPs under Policy No.88985714,w.e.f.13-11-2015 to 12-11-2016(copy of RC and Insurance Policy are annexed as Annexures-A&B),respectively. Complainant alleges that unfortunately the said vehicle was stolen during the intervening night of  13th/14^th December,2015 and the complainant said to have lodged claim before Insurance Company and also FIR after making great search for tracing the vehicle (copy of FIR is annexed as Annexure-C) and submitted all requisite documents to OP Insurance Company(Annexure-D). Allegation of complainant is that the OP company instead of settling his genuine claim,outrightly repudiated the claim as “No Claim” without any basis and passed the order in hot haste manner which amounts to deficiency of service on the part of OP1(Annexure-E) Constrained by the act of OPs,complainant served legal notice through Advocate to OPs,but did not yield any fruitful result and the conduct of OPs constitutes deficiency in service,therefore,prays for refund of cost of vehicle to the tune of Rs.3,07,396/-alongwith interest @ 24% p.a.and in addition, prays for compensation of Rs.1.30 lacs,including litigation expenses.

                 Notices were sent to the OPs alongwith copies of complaint through registered covers with acknowledgment due and as per record the notices were received by the Ops, but they did not choose to represent their case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act, so their right to file written version was closed vide order dated 03-07-2018 and the complainant was ordered to produce evidence by way of affidavits in support of the complaint.

            The complainant adduced evidence by way of duly sworn his own affidavit and affidavit of Jagat Pal Singh.The complainant has placed on record copy of certificate of registration, copy of policy schedule, copy of FIR, copies of communications exchanged between the parties, copy of proforma invoice, copy of repudiation letter dated 10-04-2017 and copy of legal notice.

                     We have perused the case file and also heard learned counsel appearing for the complainant.

                      Briefly stated facts of the case are that; complainant being registered owner of vehicle bearing registration No.JK02AQ-7845 Eeco Car, which was duly insured with OPs under Policy No.88985714,w.e.f.13-11-2015 to 12-11-2016. Complainant alleges that unfortunately the said vehicle was stolen during the intervening night of  13th/14^th December,2015 and the complainant said to have lodged claim before Insurance Company and also FIR after making great search for tracing the vehicle and submitted all requisite documents to OP Insurance Company. Allegation of complainant is that the OP company instead of settling his genuine claim,outrightly repudiated the claim as “No Claim” without any basis and passed the order in hot haste manner which amounts to deficiency of service on the part of OP1.

                        The complainant in his own affidavit and affidavit of Jagat Pal Singh have supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by the affidavit of complainant, and affidavit of Jagat Pal Singh,so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments of complainant in complaint. This is a case of deficiency in service. The Ops despite service of notice, sent by the Forum through registered cover have not taken any action to represent the case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the Ops in this complaint and there is also no evidence in rebuttal. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act, 1987, which provides that in a case, where the OPs omits or fails to take any action to represent their case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OPs omits or fails to taken any action to represent their case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                  In addition complainant has also supported the averments contained in the complaint by duly sworn his own affidavit and affidavit of Jagat Pal Singh, which are corroborative of the facts contained in the complaint. Therefore, in the light of unrebutted averments contained in the complaint and documents on record, we are of the opinion that complainant successfully made out a case of deficiency in service by Ops.

                      Therefore, in view of aforesaid discussion, the complaint filed by the complainant for redressal of his grievance is allowed and Ops are directed to refund the cost of vehicle to the tune of Rs.3,07,396/ (as per Proforma Invoice ) to the complainant and the complainant shall get the RC of the said vehicle transferred validly in favour of OP Insurance Company. Complainant is also entitled to compensation of Rs.5000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.5 000/, respectively. The Ops  shall comply the order, within one month, from the date of receipt of this order. Copy of this order be provided to both the parties, as per requirement of the Act. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                                    Khalil Choudhary

                                                                                     (Distt.& Sessions Judge)

                                                                                            President

Announced                                                           District Consumer Forum

    18-09-2018                                                                       Jammu.

 

Agreed by                                                                

                                                                           

Ms.Vijay Angral                                              

 Member    

 

Mr.Ghulam Sarwar Chauhan

Member