Punjab

Sangrur

CC/233/2016

Gurpal Singh - Complainant(s)

Versus

Manager, UIIC - Opp.Party(s)

Shri Amit Aggarwal

30 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                         

                                                Complaint No.  233

                                                Instituted on:    01.02.2016

                                                Decided on:       30.09.2016

 

Gurpal Singh son of Shri Darshan Singh, resident of village. Rattangarh @ Pattianwali, Tehsil Sunam, District Sangrur.

                                                        …Complainant

                                Versus

 

1.     United India Insurance Company Ltd., Dhuri Road, Sangrur through its Manager.

2.     United India Insurance Company Limited, Regd. Office: 24, Whites Road, Chennai through its M.D.

3.     Lally Motors Pvt. Ltd. Vill. Bhindran, Opp. Golden Earth Global School, Patiala Road, Sangrur.

                                                        ..Opposite parties.

 

For the complainant  :       Shri Amit Aggarwal, Adv.

For OPs No.1&2       :       Shri Bhushan Garg, Adv.

For OP No.3             :       Exparte.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Gurpal Singh complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant obtained the services of the OPs by getting insured his car bearing registration number PB-02-BF-5876 from the OPs number 1 and 2 for Rs.5,00,000/- for the period from 13.04.2015 to 12.04.2016 vide cover note number 1117003115N100062515 after paying the requisite premium. It is further averred that on 7.5.2015 the vehicle in question of the complainant got fire suddenly while the same was parked at the residence of the complainant and in the fire, front portion of the car i.e. engine, dash board, ceiling and roof, front wind screen battery etc. were damaged, of which DDR number 22 dated 8.5.2015 was lodged in PS Dharamgarh and thereafter intimation was given to the OP number 1.  It is further stated that on the suggestion of the OP number 1 the complainant took the car to OP number 3 for getting the estimate of loss, who prepared the estimate dated 9.5.2015 for Rs.8,87,204/- on the repair of the car and the OP number  3 charged an amount of Rs.16,850/- for the same.  Thereafter the OP sent their surveyor, Shri RK Bansal who inspected the car in question on 14.5.2015 and found that the car had damaged completely from the front side and it would come under total loss as the repair charges of the same also exceeds the insured value of the car.    Further case of the complainant is that on 20.5.2015, the complainant received a letter dated 16.6.3015 from the surveyor to put the vehicle for repairs, as such the complainant approached OP number 1 and asked to settle the claim on total loss basis.  It is alleged that non settlement of the claim by the Ops number 1 and 2 on total loss basis is a clear cut deficiency in service on their part. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant the amount of Rs.5,00,000/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.             In reply of the complaint filed by the OPs number 1 and 2, legal objections have been taken up on the grounds that the complainant has wrongly and frivolously has dragged the Ops into unwanted litigation and that the complainant has not come to the Forum with clean hands.  On merits, it is admitted that the car of the complainant caught fire, of which DDR was lodged and receiving of information about the loss is also admitted.  It is stated that after receipt of the intimation, the Ops appointed Shri Sanjay Kumar Verma, surveyor and loss assessor who inspected the vehicle in the presence of the complainant at the spot and took photographs thereof.   Further it is admitted that Shri R.K. Bansal, surveyor was also appointed as investigator, who visited the showroom of the Honda company i.e. OP number 3 in the presence of the complainant, but it is totally denied that the value of the loss was in excess to the insured value.  It is stated further that thereafter the complainant was advised to get the vehicle repaired, but he failed to do so.  It is also admitted that the legal notice was received from the complainant. It is stated that the complainant was requested to submit the documents for settlement of the claim, but he failed to do so, as such his claim file was closed due to non submission of the requisite documents.  Lastly, it is prayed that the complaint be dismissed with special costs.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 affidavit of Bahadur Singh, Ex.C-3 copy of cover note, Ex.C-4 copy of DDR, Ex.C-5 copy of motor claim form, Ex.C-6 copy of motor claim slip, Ex.C-7 copy of estimate, Ex.C-8 to Ex.C-17 copies of letters, postal receipts and reply thereto, Ex.C-18 original receipt, Ex.C-19 certified copy of order dated 3.12.2015, Ex.C-20 copy of policy and closed evidence. On the other hand, the learned counsel for the OPs number 1 and 2 has produced Ex.OP-1&2/1 and Ex.OP1&2/2 affidavits, Ex.OP1&2/3 copy of insurance policy, Ex.OP1&2/4 copy of terms and conditions, Ex.OP1&2/5 copy of survey report, Ex.OP1&2/6 to Ex.OP1&2/9 copies of letters and Ex.OP1&2/10 to Ex.IOP1&2/16 photographs of the vehicle in question and closed evidence.

 

4.             Record shows that the Op number 3 did not appear despite service, as such was proceeded exparte.

 

5.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

6.             It is an admitted fact between the parties that the complainant got insured his car in question with the OPs number 1 and 2 for Rs.5,00,000/- for the period from 13.04.2015 to 12.04.2016 as is evident from the copy of cover note on record as Ex.C-3.   It is also not in dispute that the vehicle in question got fire suddenly on 7.5.2015 when it was parked at the residence of the complainant, intimation of which was given to the OPs, as such after receipt of the intimation the OPs immediately appointed surveyor, who submitted his report dated 10.09.2015, whereby he assessed the net loss payable to the complainant to the tune of Rs.1,30,006/-, a copy of which on record is Ex.OP1&2/5. 

 

7.             It is proved on record that the insured car of the complainant suffered fire when the same was parked at the residence of the complainant on 7.5.2015 wherein the car in question damaged badly and suffered heavy loss.  In this regard, the stand of the complainant is that the surveyor of the OPs had earlier assessed the loss of the car on total loss basis, as such, full insurance claim was payable, whereas later on, the surveyor of the OPs assessed the loss payable to the complainant at Rs.1,30,006/- as is evident from the copy of survey report Ex.OP1&2/5. 

 

8.             Now, in the present case, the dispute is over the quantum of claim payable to the complainant. The complainant has claimed the loss on total loss basis, whereas the case of the Ops is that the complainant has not got repaired the car nor he has submitted any documents/bills for the repair of the car.  The learned counsel for the OPs number 1 and 2 has also drawn our attention to the copy of letter dated 16.5.2015, Ex.OP1&2/6 sent by the surveyor R.K. Bansal to the complainant, wherein it is clearly mentioned that the car be put for repairs immediately which is further followed by the reminder dated 8.6.2015, a copy of which is also on the record as Ex.OP1&2/7.  But, the complainant did not bother to the above said letters and was bent upon to get the claim settled on total loss basis.   We have also perused the photographs on record as Ex.OP1&2/10 to Ex.OP1&2/16, which clearly shows that the front and back body of the car in question is repairable, as such, we feel that the claim of the complainant should be settled on repair basis. Further the surveyor and Ops are also ready to settle the claim on repair basis.

 

9.             It is worth mentioning here that this Forum found appropriate to appoint an independent surveyor for ascertaining the actual position of the loss of the car in question, as such, vide orders dated 15.9.2015 this Forum appointed Shri Ajesh Kumar, Sruveyor and Valuer, Malik Associates and company, Sangrur and was directed to submit his report on or before 26.9.2016, but he did not submit the report.  Thereafter the case was fixed for 29.9.2016 for awaiting the report, but the report was not again submitted, as such, this Forum found appropriate to decide the case at its own without further awaiting the report of the independent surveyor.

 

 

10.           In view of our above discussion, we allow the complaint partly and direct the complainant to get the car in question repaired and thereafter to submit the bills and other documents to the Ops for settlement of the claim and after receipt of the documents, the Ops number 1 and 2 shall settle the claim within a period of 30 days and intimate the complainant by registered post.  It is made clear that if thereafter the complainant feels unsatisfied from the decision of the Ops number 1 and 2, then it is open for the complainant to approach this Forum again to get his grievance redressed.

 

 

11.           A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                September 30, 2016.

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

                                                           (K.C.Sharma)

                                                                Member

 

                                       

                                                                (Sarita Garg)

                                                                    Member