Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 503.
Instituted on : 17.10.2018.
Decided on : 03.10.2019.
Sandeep s/o Sh. Rajbir , R/o Ward No.9, Goyat Pana, Meham, Tehsil Meham, Distt. Rohtak(Haryana).
………..Complainant.
Vs.
- Manager HDI General Insurance Company Limited, Magma House 9, Sant Nagar, East of Kailash, New Dlehi-110065.
- Magma HDI General Insurance Company Limited, Reg. & Corporate office: 24, Park Street, Kolkata-700016.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Parveen Goyat, Advocate for the complainant.
Sh. Sameer Gambhir, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant had purchased a tractor on dated 21.12.2017 for a sum of Rs.540000/- and had paid an amount of Rs.25000/- to the dealer towards insurance and R.C. of the vehicle to the agency. That on 03.05.2018, the alleged vehicle met with an accident due to the negligence of driver of another vehicle, which was moving behind the vehicle of complainant. That complainant informed the opposite parties about the accident and surveyor was appointed who surveyed the vehicle and asked the complainant to repair the vehicle at his own. Accordingly the complainant got repaired the vehicle from outside and spent an amount of Rs.22000/- on the vehicle and submitted the claim form alongwith documents with the opposite parties. Opposite parties sent letter dated 23.05.2018 and 31.05.2018 with some false objections and lastly the officials of the opposite parties refused to pay the genuine claim of the complainant on 10.09.2018. That the act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to make the payment of Rs.22000/- alongwith compensation of Rs.40000/- for mental harassment and Rs.15000/- for litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties filed their written reply submitting therein that the claim of the complainant has been repudiated by the opposite parties on breach of terms and conditions of the contract of insurance. That complainant has not provided the temporary registration certificate and number. The facts reveal that alleged occurrence had taken place on dated 03.05.2018 while the vehicle was purchased on dated 21.12.2017. Further temporary registration is valid upto one month. So the vehicle cannot be used without registration in public place as per M.V.Act and claim is not payable in absence of registration of vehicle. Hence the vehicle was not registered at the time of alleged occurrence. So the vehicle was not permitted to ply and the same is violation of M.V.Act and terms and conditions of Insurance Policy. It is further submitted that without admitting the liability of claim, it is submitted that surveyor has inspected the vehicle and assessed the loss of Rs.8785/- but the same is not payable on account of violation of terms and conditions of policy and Motor Vehicle Act. That there is no deficiency in service on the part of the opposite parties and dismissal of complaint has been sought.
3.. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C19 and has closed his evidence on dated 19.04.2019. Ld. counsel for the OPs tendered affidavit Ex.RW1/A & Ex.RW2/A, documents Ex.R1 to Ex.R10 and closed his evidence on dated 30.08.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the surveyor as per his report has assessed the loss of Rs.8785/- but the same has been repudiated by the opposite party vide letter Ex.C8 on the ground that vehicle in question was not registered in accordance with Section 39 of M.V.Act. In this regard, it is observed that as per document Ex.C3, the temporary registration was valid from 15.03.2018 to 14.08.2018 and as per receipt Ex.C2 dated 15.03.2018, the complainant has paid the fee of Rs.300/- for temporary registration as well as Rs.600/- for new registration to the Transport Department, Meham, Haryana on the same day. Meaning thereby, the complainant had already applied for permanent registration and had deposited the fee for the same. Hence it was the duty of the Department to update their record and to issue permanent R.C. to the complainant. As such the repudiation of claim on this ground is illegal and against the natural justice and the opposite parties are liable to pay the claim to the complainant. Regarding the loss suffered by the complainant, he has placed on record bills Ex.C15 & Ex.C18 which itself shows that an amount of Rs.14796/- has been paid by the complainant to John Deere Ganesh Auto Co. authorized dealer and service centre of the tractor. Complainant has spent an amount of Rs.2515/- on parts and Rs.2200/- on denting painting. The surveyor as per his report Ex.R4 has disallowed some parts. But no reason for the same has been given in the report. Hence complainant is entitled to the amount of repair as per bills Ex.C15 to Ex.C18 amounting to Rs.20000/-. However, the case cited by ld. counsel for the opposite parties of Hon’ble Supreme Court of India in civil appeal No.8463 of 2014 titled as Narinder Singh Vs. New India Assurance Co. and civil appeal No.3409 of 2008 titled as NIC Ltd. Vs. Nitin Khandelwal are not fully applicable on the facts and circumstances of the case, as in the present case complainant has already applied for permanent registration of vehicle.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to pay Rs.20000/-(Rupees twenty thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 17.10.2018 till its realization and Rs.5000/-(Rupees five thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
03.10.2019.
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Nagender Singh Kadian, President
……………………………….
Renu Chaudhary, Member.
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Tripti Pannu, Member.
