Punjab

Fatehgarh Sahib

RBT/CC/110/2018

Dilbag Rai Sharma - Complainant(s)

Versus

In-charge, Branch Micro Office, United Insurance Company Limited - Opp.Party(s)

Devinder Kumar

11 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                                    COMMISSION

                                FATEHGARH SAHIB

            

 

RBT No.	:	CC/110/2018
Complaint No.	:	RBT/CC/110 of 2018
Date of Institution	:	22/01/2018
Date of Decision	:	11/04/2023

                  

Dilbag Rai Sharma son of Sh. Durga Dass, resident of house no.547, Sector 21, Panchkula

                                                                                                                     …………....Complainant

 

                                                Versus

 

1.  In-charge, Branch Micro office, United India  Insurance Company Limited, Shop no.19, Panchkula Road, Main Market, Baltan, District SAS Nagar (Mohali) through its Manager/ Authorized Signatory.
2. United India  Insurance Company Limited, SCO no.357-358, Sub. City Center, Sector 35-B, Chandigarh, 160035, through its Sr. Divisional Manager.

 

 

                                                                              ..………....... Opposite Parties

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

 

 

Quorum

 

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present: Sh.Sudhir Gupta, counsel for complainant (through VC).

      Sh.M.L.Choudhary, Counsel for OPs.

    

     

 

 The complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer to give directions to the OPs no.1  and 2 to pay the claim  amount of Rs.4,60,481/ along with interest @ 18% , to pay Rs.50,000/-  as compensation for harassment, mental agony and to pay Rs.22,000/- as cost of proceedings.  to the complainant .

2.  The  complainant  is owner of Truck no. HR-68-B4769. OP no.1  has issued  goods Carriers Vehicle Package Policy to insure truck No.HR-68-B-4769 w.e.f from 26.10.2016 to 25.10.2017 for an IDV of Rs.12 Lac to the complainant . The Insurance Policy covered the vehicle in question on bumper to bumper basis . On 19.7.2017, the insured truck  collided  in another truck bearing  no.HR-55A04199 near Karnal.    The intimation of  loss was given to the insurance Company  who deputed a spot surveyor. The spot  surveyor was given all the  requisite information. Thereafter the OPs  deputed another surveyor to finally assess the loss . The OPs did not  pay the claim  amount in full.  Hence this complaint.
3. Notice of the complaint was given to the OPs through registered Post. OPs  appeared  through their Counsel and filed  written version.
4. The OPs no.1 and 2 filed joint written version raising  legal  objections that the truck bearing Registration  No.HR-68-B-4769 of the complainant was insured with the OP vide insurance Policy no.1124813116P110072632 w.e.f 26.10.2016 to 25.10.2017 (GCV Public Carrier other than 3 wheeler package Policy) as per terms  and conditions of the Policy .  The insurance claim  is payable as per loss assessed by the Surveyor and Loss Assessor deputed by the Insurance Company.  The claim of Rs.3,54,202/-  was paid to complainant through NEFT on 1.1.2018.  Hence prayer  for dismissal of complaint has been made.
5.                The complainant in support of his complaint tendered in evidence his  affidavit Ex.CW1/1 along with copies of  documents i.e  Ex.C1    Registration certificate, Ex.C2 Policy no.1124813116P110072632 of the period w.e.f 26.10.2016 to 25.10.2017 (GCV Public Carrier other than 3 wheeler package Policy)   , Ex.C3 First Information  Report ,   Ex.C4 Driving Licence of Raj Kumar,  Ex.C5 Service/Repair estimate, Ex.C6 invoice dated 17.8.2017.  In rebuttal the OPs tendered in evidence Ex.OP1/1 affidavit of Tejinder Singh, Division Manager, United India Insurance Co. Ltd., Chandigarh, Ex.OP1 Policy no.1124813116P110072632 of the period w.e.f 26.10.2016 to 25.10.2017 (GCV Public Carrier other than 3 wheeler package Policy) ,  Ex.OP2  Motor Survey Report (Preliminary) dated 10.8.2017,  Ex.OP3 Motor Final Survey Report dated 31.08.2017, Ex.OP4 survey report of Vehicle in question dated 15.9.2017,  Ex.OP5 verification report dated 21.9.2017, Ex.OP6 E mail of report dated 8.12.2017, Ex.OP7 investigation report, Ex.OP8  and Ex.OP9 affidavits of Naveen Sharma, and Dilbag Sharma and closed their evidence
6.  Heard. Entire record perused. 
7.  Admittedly , complainant had a truck  no.HR-68B4769 registered in his name. Truck was insured under Goods Carriage  Vehicle Policy (NIL DEP-CAP) for an IDV of Rs.12,00,000/-  w.e. f  from 25.10.2016  to 24.10.2017 vide Ex.C2. The  complainant’ truck met with an accident on  19.7.2017. OP paid  Rs.3,54,202/- on 1.1.2018 to complainant vide Ex.OP10.
8. From the perusal of the record  on file, we find that complainant had Nil Depreciation  Policy  or  Bumper to Bumper cover that leaves out the depreciation factor from the coverage. It basically means that if  one’s car or bike get damaged following  a collision , no depreciation is subtracted from the coverage of wear & tear of any  part of vehicle  like all rubber, fibre & metal parts.  In Bumper to Bumper insurance, Insurance Company had to  make full payment qua damaged vehicle .  Though authorised surveyor of complainant made  estimate of Rs.4,60,481/- vide Ex.C5. But complainant paid Rs. 3,86,709.10/- vide  Ex.C6 to agency for repair of his truck.  OPs paid Rs.3,54,202/-  vide Ex.OP10 inspite of having NIL Dep-Cap Policy .  OPs no.1 and 2 are held liable for  deficiency in service.
9.   As  a corollary of our above discussion, the present complaint is partly allowed.  OPs no.1 and 2  are held  jointly & severally liable for deficiency in service. The OPs no.1 and 2 are directed as under:-

[a] Topay jointlyand severally Rs.32,507.1/- to the complainantalong with interest@ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable.

[b]  To pay Rs.10,000/-compensation for harassmentandlitigation charges to the complainant.

Compliance of the order be made by the OPs no.1and 2 within 30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be returned back District Consumer Commission, Mohali for proper consignment.

Pronounced 11 April 2023

                                                           

                                                                      (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                          Member