Haryana

Kurukshetra

236/2017

Ravinder - Complainant(s)

Versus

Iffco-Tokio - Opp.Party(s)

Prem Sagar

12 Apr 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.236 of 2017.

                                                     Date of institution: 02.11.2017.

                                                     Date of decision:12.04.2019.

 

Ravinder son of Shri Gian Singh, resident of village Antheri, District Kurukshetra.  

                                                                        …Complainant.

                        Versus

1. Iffco Tokio General Insurance Company Ltd. Iffco Tower 4^th & 5^th  Floors, Plot No.3, Sector-29, Gurgaon (Gurugram) through its Manager.
2. Kishiv Motors Pvt. Ltd. Village Umri, H.H-1, G.T. Road, Kurukshetra through its proprietor/ partner.
3. Kishiv Motors Pvt. Ltd. 9 K.M. Stone, Vill. Khuddi, Ambala-Jagadhri Road, through its proprietor/ partner.

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

 

Present:     Sh. Prem Sagar, Advocate for the complainant.   

                Sh. Gaurav Gupta, Advocate for opposite party no.1.

                Sh. Mohit Tayal, Advocate for opposite parties no.2 and 3. 

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Ravinder against Iffco-Tokio General Insurance and others, the opposite parties.

2.            Brief facts of the present complaint are that the complainant is the registered owner of Car Amaze 1.5 S MT (IDTEC) bearing registration No.HR07V-1013 and the same was got insured from the op no.1 through op no.2 vide policy No.ITG/82210321 for the period from 26.3.2016 to 25.3.2017. The value of the car was assessed to the tune of Rs.5,42,280/- and the complainant paid the premium to the ops. It is further alleged that during the period of insurance, the above said car met with an accident on 12.3.2017 and in this regard, an FIR No.122 dated 13.3.2017 has been registered in police station Sadar Thanesar, District Kurukshetra. That the car was fully and totally damaged in the said accident. Intimation was duly given to the ops immediately and the car was shifted to the workshop of op no.3 at Ambala. The ops had deputed surveyor and the surveyor had conducted the survey and inspected the vehicle and had taken all the original documents including copy of FIR from the complainant. The Surveyor had opined that the vehicle has been totally damaged. After that the surveyor assured that he will submit his report to the company and the claim amount for total loss of the vehicle will be paid to the complainant by the company at the earliest. It is further averred that thereafter the complainant approached the ops several times and met the concerned officers, but the claim has not been paid so far. The complainant also got served legal notice dated 19.8.2017 and 24.8.2017 upon the ops but to no effect. Hence, this complaint.

3.             Upon notice, opposite party no.1 appeared and filed written statement taking certain preliminary objections regarding estoppal, jurisdiction and suppression of material facts. It is also submitted that present complaint is pre-mature as due to delay on the part of complainant. Till date complainant has not given his consent letter, so the claim of complainant has not been finalized. It is further submitted that after intimation of the own damage claim lodged by complainant with answering op, answering op deputed an IRDA licensed independent surveyor, who inspected the vehicle and submitted his detailed surveyor report. After making necessary deductions and salvage value, as per NOS basis total liability of answering op comes to Rs.3,76,280/- and this fact was communicated to the complainant. The consent letter is pending from insured for amount and claim of complainant is still active and pending with answering op. No decision on the claim of complainant has been taken due to delay on the part of complainant, so present complaint being premature deserves dismissal. Remaining contents of complaint are also denied.

4.             Ops no.2 and 3 submitted in their written statement that on 18.3.2017 estimate for a sum of Rs.6,51,784/- was prepared in the presence of the occupant of the car and accordingly the matter was referred to the surveyor and rest of the matter is to be seen by insurance company because the owner and insurance company are having some differences about the payment arising out of the case, so the answering ops are nowhere liable, rather they are entitled for parking charges and estimation charges amounting to Rs.50,000/- since 12.3.2017. It is also submitted that no cause of action has arisen at Kurukshetra, because the vehicle is lying at Tepla    , District Ambala, hence this Forum has no territorial jurisdiction.

5.             The complainant has tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C11. On the other hand, learned counsel for op no.1 tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R6. Ops no.2 and 3 did not produce any evidence.

6.             It is an admitted fact that car of the complainant bearing registration No. HR 07V-1013 was insured with the opposite party no.1 for the period 26.3.2016 to 25.3.2017 for the insured value of Rs.5,42,280/-. It is also an admitted fact that said insured car of the complainant met with an accident on 12.3.2017 during the subsistence of the policy in question. It is also an admitted fact that on intimation to the op no.1, the surveyor was appointed who investigated the matter and submitted his report Ex.R1 and assessed the liability of Rs.3,76,280/- after deducting value of damaged vehicle and after applying less excess clause from the insured value of Rs.5,42,280/-. The surveyor assessed the loss on total loss basis. The vehicle in question was insured for the sum of Rs.5,42,280/- and in our view the complainant is entitled to the insured amount of Rs.5,42,280/- on total loss basis. However, the complainant will have to get transferred the vehicle in question in favour of op no.1.

7.             In view of the above, we allow the present complaint. The complainant is directed to get transferred the registration certificate of the vehicle in favour of op no.1 and after transfer of the above said vehicle in the name of op no.1, the op no.1 will pay the insured amount of Rs.5,42,280/- to the complainant within one month of the transfer of RC, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual realization. The complainant will have also to furnish an affidavit that he will have no objection in case the possession of the vehicle is given to op no.1. Ops no.2 and 3 are also directed to hand over the possession of the vehicle to op no.1.  A copy of this order be supplied to the parties free of costs. File be consigned to the record room.

Announced in open court:

Dt.:12.04.2019.  

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.