Haryana

Sonipat

CC/76/2015

KRISHAN S/O SUBE SINGH - Complainant(s)

Versus

LIBERTY VIDEOCON GENERAL INS. CO. LTD. - Opp.Party(s)

SANDEEP SANGWAN

16 Sep 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                                                      

                                    Complaint No.76 of 2015

                                    Instituted on:09.03.2015

                                    Date of order:17.09.2015

 

 

Krishan son of Sube Singh r/o H.No.79, VPO Nirthan, tehsil Kharkhoda, Distt. Sonepat.

     …….Complainant

                   VERSUS

 

 

Liberty Videocon Gen. Ins. Co. Ltd., 10^th Floor, Tower A Peninsula Business Park, Ganpat Rao Kadam Marg, Lower Parel Mumbai-400013.

 

 ……..Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Sukhdeep Sansanwal, Adv. for complainant.

           Sh. Joginder Kuhar, Adv. for respondent.

 

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

          D.V. Rathi, Member.

 

O R D E R

 

        Complainant has filed the present complaint against the respondent alleging therein that he purchased new Santro GL Plus Car with Temp. No.HR-99-RZ-TP-9773 and got it insured with the respondent for the period 26.3.2014 to 25.3.2015 and unfortunately the said vehicle met with an accident on 27.6.2014 and the respondent was immediately informed regarding the said accident. When the authorized workshop  contacted the respondent for their consent for repair of the vehicle, the respondent did not give their consent. Ultimately the complainant got his vehicle repaired by paying Rs.140533/- to the authorized workshop.  The complainant requested the respondent to make the payment of the above said amount, but of no use and that amounts to a grave deficiency in service on the part of the respondent. So, he has come to this Forum and has filed the present complaint.

2.       In reply, the respondent has submitted that the surveyor had finally concluded the inspection of the vehicle and has assessed loss as Rs.55240/-. However, on perusal of copy of chit produced by the complainant shows that the complainant had applied for registration of veh8cle on 16.8.2014 (as temp. registration remains valid for one month and chit has validity date upto 15.9.2014). Thus, it is clear that on the date of alleged accident i.e. on 26.6.2014, the vehicle of the complainant was unregistered.  So, the respondent has rightly denied the claim to the complainant and there is no deficiency in service on the part of the respondent and prayed for the dismissal of the present complaint.

3.       We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.       Ld. Counsel for the complainant has argued that the vehicle of the complainant has met with an accident during the validity of the insurance company and he has incurred Rs.140533/- on the repair of his vehicle, but the said amount has not been paid by the respondent to the complainant despite his various repeated requests.

         On the other hand, ld. Counsel for the respondent has submitted that the surveyor had finally concluded the inspection of the vehicle and has assessed loss as Rs.55240/-. However, on perusal of copy of chit produced by the complainant shows that the complainant had applied for registration of veh8cle on 16.8.2014 (as temp. registration remains valid for one month and chit has validity date upto 15.9.2014). Thus, it is clear that on the date of alleged accident i.e. on 26.6.2014, the vehicle of the complainant was unregistered.  So, the respondent has rightly denied the claim to the complainant and there is no deficiency in service on the part of the respondent.

         In the present case, the complainant has mentioned in para no.1 of the complaint that he has purchased a new Car Santro GL Plus BS IV with Temp. No.HR-99-RZ-TP-9773.  But the complainant very cleverly has not mentioned the date of purchase of the car. However, the insurance cover note shows the validity period of the insurance w.e.f.  26.3.2014 to 25.3.2015 and if the date 26.3.2014 is considered, then the complainant can use the temporary number of the car upto 26.4.2014.  But  on the day of accident i.e. 27.6.2014, the complainant was using the car in question without having any permanent registration number.  In our view, the case law titled as Narinder Singh Vs. New India Ass. Co. Ltd., PLR 2014(4) page 825 wherein the Hon’ble Supreme Court of India has held that Using a vehicle on the public road without any registration number is not only an offence punishable u/s 192 of Motor Vehicles Act but also a fundamental breach of the terms and conditions of the policy contract, is fully applicable to the case in hand.  But in the interest of justice we have decided to dispose off the present complaint on merits.

         Now coming to the quantum, as to for what amount the complainant is entitled to?

         In the present case, the surveyor has assessed the loss to the tune of Rs.55240/-.    In our view, the complainant is entitled to get the amount as assessed by the surveyor because as per the authoritative decision of Hon’ble Higher Courts, the surveyor is the best person to assess the loss. Accordingly, we hereby direct the respondent to make the payment of Rs.55240/-(Rs.fifty five thousands two hundred forty) to the complainant alongwith interest at the rate of 09% per annum  from the date of filing of the complaint till realization and also to compensate the complainant to the tune of Rs.3000/- (Rs.three thousands) for rendering deficient services, for harassment and under the head of litigation expenses.

         With these observations, findings and directions, the present complaint stands allowed partly.

         Certified copies of order be provided to the parties free of costs. File be consigned to the record-room.

 

 

(Prabha Devi-Member)    (D.V.Rathi)         (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF, Sonepat.      DCDRF Sonepat.

 

Announced 17.09.2015.