DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1/2017
D.No.________________ Dated: ___________________
IN THE MATTER OF:
KISHAN LAL,
S/o SH. NARAYAN SINGH,
R/o 8, VILLAGE-SIRSA KHADAR,
MACHIPUR BANGAR,
DISTT.-GAUTAM BUDH NAGAR-203135 (U.P.).… COMPLAINANT
Versus
1. LIBERTY VIDEOCON GENE. INS. Co. LTD.,
THROUGH THE BRANCH MANAGER,
10th FLOOR, AGGARWAL CYBER PLAZA-I,
NETAJI SUBHASH PLACE,
PITAM PURA, DELHI-110034.
2. MAGMA FINCORP LTD.,
THROUGH THE MANAGER,
MAGMA HOUSE, 24-PARK STREET,
KOLKATA-700016. … OPPOSITE PARTY (ies)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.01.2017
Date of decision:21.12.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPs under section 12 of the Consumer Protection Act, 1986 thereby alleging
CC No.1/2017 Page 1 of 8
that the complainant purchased a vehicle i.e. Mahindra Bolero Maxi-Pick UP VAN bearing registration no. UP-16-CT-5123 in November-2014 for earning his livelihood by means of self- employment and the said vehicle is insured with OP-1 bearing policy no.2013-200102-15-1003274-00-000 and the policy period from 07.11.2015 to 06.11.2016 (mid-night) and the IDV of the vehicle is Rs.3,83,711/-. On 05.04.2016, when the complainant with his friend/driver Sh. Jagmohan Singh S/o Sh. Rampal Singh was going to Village-Sirsa Khadar, Distt.-Gautam Budh Nagar, Delhi with Paddy-Wood in the vehicle from Village-Porora and the said vehicle suddenly caught fire while driving and at the time of incident i.e. 05.04.2016, the said vehicle was plying by the driver Sh. Jagmohan Singh but suddenly the said vehicle caught fire and the driver left the vehicle, the complainant was also sitting in the cabin of the said vehicle and tried his best to save the said vehicle from fire and taken/driven the said vehicle to nearby Tubewell. Thereafter, inspite of best efforts to save the said vehicle from fire, the complainant was unable to save the vehicle from being burnt and the said vehicle was completely burnt and the complainant body also burnt while saving the said vehicle from fire and the complainant was taken to hospital. The complainant further alleged that immediately informed the police department, fire-brigade, insurance company, after this mis-happening, the complainant approached OP-1 for the claim of the total loss of the said vehicle
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and supplied all required documents to OP. The complainant further alleged that the complainant approached OP-1 several times but there is no proper response given by them and lastly, the complainant sent legal notice through his Counsel to OP but there is no response from OP-1 and due to the said act of the OP the complainant has suffered mental agony and harassment and there is deficiency in service & unfair trade practice on the part of OP-1.
2. On these allegations the complainant has filed the complaint praying for direction to OP-1 to release the total loss claim of the said vehicle alongwith interest @ 18% for delay till its realization as well as compensation of Rs.5,00,000/- for causing mental harassment, agony and financial loss and has also sought Rs.25,000/- towards litigation cost.
3. OP-1 & OP-2 have been contesting the case and filed their separate written statement/reply. OP-1 in its written statement submitted that the complainant in the vehicle bearing Registration No. UP-16/ CT-5123 was insured by OP-1 vide Goods Carrying Vehicle Package no.2013-200102-15-1003274-00-000 for the period from 07.11.2015 to 06.11.2016 subject to the complainant’s adherence to the term/s and/or condition/s incorporated and to the extent of limits mentioned in the said policy and policy is subject to IMT-7 i.e. interests of OP-2 being secured and IDV as per policy is Rs.3,83,711/-. On 11.04.2016, OP received an information to the
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effect that on 05.04.2016, while the vehicle was being driven the complainant himself, it got self-ignited and thus was burnt in fire and immediately on receipt of information of alleged accident, OP deputed M/s IAR Surveyor & Loss Assessment an independent IRDA licensed surveyor to ascertain exact cause and extent of loss and the said surveyor had made thorough inspection of damaged vehicle and submitted his report dated 23.06.2016 with OP and in its report, the surveyor reported as under: “as per detailed Fire Department report and insured’s father affidavit, driver was insured himself, the same also mentioned in call center intimation but insured unable to provide his driving license. We have sent written reminder…..” and the surveyor also attached copies of letters dated 04.06.2016 written by him to the complainant thereby calling upon the complainant to provide driving license of Kishan Lal who was reportedly driving the vehicle at the time of accident and the complainant did not provide driving license of Kishan Lal to surveyor for verification and OP further received Fire Report issued by Fire Brigade Department pertaining to fire incidence to the complainant’s vehicle. OP-1 further submitted that from all documents such as survey report, fire report and affidavit submitted by the father of the complainant and it was clear that at the time of alleged loss, the complainant himself was driving the vehicle and inspite of repeated reminders, the complainant failed to
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submit his driving license which conduct on the part of the complainant to led to draw the one and only conclusion that the complainant was not holding any driving license and thus the vehicle was being driven in contravention of Section 3 of Motor Vehicle Act and in violation of drivers clause as mentioned in the policy.
4. OP-2 in its reply submitted that the complaint is not maintainable and is liable to be dismissed.
5. The complainant filed separate rejoinders and denied the contentions of OP-1 & OP-2.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of Certificate of Insurance cum policy schedule issued by OP-1, copy of Form of Certificate of Registration India issued by Transport Department, Uttar Pradesh, copy of Certificate Fitness issued by Transport Department, Uttar Pradesh, copy of driving license of the complainant and Sh. Jagmohan Singh, copy of discharge summary issued by Department of Burns, Plastic & Maxillofacial Surgery V.M.M.C. &Safdarjang Hospital, New Delhi regarding hospitalization of Kishan Lal on 05.04.2016 for treatment of burn injury and was discharged from hospital on 11.04.2016, copy of complaint lodged dated 29.04.2016 P.S., copy of Fire report issued by Uttar Pradesh Fire Service and copy of Legal
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Notice dated 02.11.2016 sent by the complainant through his Counsel to OPs.
7. On the other hand Sh. Dinesh Jhalani, Legal Manager of OP-1 filed his affidavit in evidence which is on the basis of the written statement of OP-1. OP-1 has also filed copy of Certificate of Insurance cum policy schedule issued by OP, copy of Motor Insurance Cover note issued by OP, copy of Final Reminder Letter dated 04.06.2016 sent by OP-1 to the complainant and copy of Motor Repair Assessment Cum Processing Sheet issued by OP-1. OP-1 & OP-2 have also filed written arguments.
8. This forum has considered the case of the parties in the light of evidence of both the parties and documents placed on record by the complainant and OP-1. The case of the complainant has remained consistent and there is nothing on record to disbelieve the case of the complainant.
9. As regards the defence raised by OP-1 is concerned, the complainant has placed on record copy of his driving license as well as copy of driving license of Sh. Jagmohan Singh. Accordingly it is hard to believe that the complainant while lodging the claim with OP-1 would not have provided the copies of driving licenses. Further more it is hard to believe that the complainant would himself cause fire to the vehicle and would burnt himself resulting in 25% burns on his body with the result the complainant was hospitalized for one week.
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10. Referring to the facts of the present case, we are of opinion thatOP-1 has failed to prove the defence taken by it. OP-1 has not placed on record any document to show that the complainant has himself ignited the vehicle and has caused burns to himself as well as completely burnt the vehicle. OP-1 has not disputed that the vehicle ensured has been completely burnt resulting in total loss to the vehicle. Accordingly, in the light of above, we are of opinion that OP-1 has failed to prove its defence that claim is barred under exclusion clause of the policy and thus there is no merits in the defence of OP-1. Accordingly in the circumstances of the case OP-1 ought not to have repudiated the claim of the complainant and ought to have passed the claim. Accordingly, we hold OP-1 guilty of deficiency in service.
11. Accordingly, OP-1 is directed as under:
i) To pay to the complainant an amount of Rs.3,83,711/- being the IDVof the vehicle and the complainant is directed to issue transfer papers/forms in respect of the vehicle in favour of OP-1.
ii) To pay to the complainant an amount of Rs.1,00,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.10,000/- to the complainant as litigation cost.
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12. The above amount shall be paid by OP-1 to the complainant within 30 days from the date of receiving of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
13. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 21st day of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
