Delhi

North East

CC/55/2015

Sh. Mukesh Kumar - Complainant(s)

Versus

M/s Bajaj Allianz Gen. Ins. Co. Ltd. - Opp.Party(s)

18 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 55/2015

 

In the matter of:

 

		Sh. Mukesh Kumar S/o Sh. Jile Singh H.No. B-127, B-Block Village Gokalpur, Delhi-110094.		Complainant
		Versus
		M/s Bajaj Allianz General Insurance Co. Ltd. 1, DLF, Moti Nagar, Near Metro Station, New Delhi-110015.   Also At: Regd. Office: CE Plaza Airport Road, Yerwada Pune -411006.		Opposite Party
			DATE OF INSTITUTION:		06.02.2015
			JUDGEMENT RESERVED ON :		15.12.2017
			DATE OF DECISION      :		18.12.2017

 

 

N.K.Sharma, President:-

Ms. Sonica Mehrotra, Member:-

 

Order passed by N.K.Sharma, President:-

 

 

ORDER

1. Briefly stated, the case of the complainant is that he is a registered owner of a CNG KIT fitted Santro bearing No. DL7CP-1293 and on 28.10.2013 had got his said car insured after due inspection carried out by the OP on 26.10.2013. The car was insured through the OP agent vide policy cover note No. DY-1300675076 and customer ID 53661832 for the period 11.11.2013 to 10.11.2014 and complainant had paid a premium amount of Rs. 9500/- on 29.10.2013 against receipts No. 1102-00197849 & 1102-00197829. The complainant further stated that despite repeated requests and several personal visits to the OP requesting the OP to provide copy of insurance certificate to the complainant, the same was provided by the OP after the expiry of the policy period when for the first time the complainant got to know that the OP had not insured the CNG KIT of the said car despite receiving a premium amount of                      Rs. 1872/- for the same. The complainant stated that the OP intentionally did not provide the said policy certificate to him within time and harassed him by adopting unfair trade practice by concealing the real fact of the policy of CNG KIT. The complainant requested the OP to refund the premium amount and demanding Rs. 50,000/- towards damages, harassment, incomplete and defective service alongwith interest @ 24% p.a. which the OP refused to give. Lastly the complainant was constrained to serve on the OP legal notice dated 25.11.2014 demanding refund of Rs. 1872/- towards premium amount of CNG KIT insurance and Rs. 50,000/- towards damages, harassment, incomplete and defective service alongwith interest @ 24% p.a. which the OP did not reply to or refunded the premium amount. The complainant had sent a reminder dated 31.12.2014 through speed post after which the OP sent a new amended copy of insurance certificate of the said car which act of OP is an afterthought and proof of poor incomplete and defective service. Therefore vide the present complaint, the complainant has prayed for relief  with the effect of directions to OP to refund to the complainant a sum of Rs. 1872/- towards the premium of CNG KIT insurance and Rs. 50,000/- as special and general damage for his harassment, poor, incomplete and defective service to him alongwith interest @ 24% p.a. since 11.11.2013.
2. Notice was served upon the OP and written statement was filed by the OP in which it had admitted that the OP had already sent a new amended copy of insurance certificate with respect to the said car to the complainant in the second last week of December 2014 in view of which no grievance remains against the OP.
3. The complainant has filed replication alongwith evidence by way of affidavit exhibiting relevant documents. The right to file evidence by way of affidavit by the OP was closed by this Forum vide a order dated 16.03.2016 in view of non compliance to file the same despite several opportunities.
4. Written arguments were filed by both the parties and arguments were addressed orally as well.
5. We have thoroughly perused the case file and given our thoughtful consideration to the material placed on record. It is an admitted case that the CNG KIT Insurance Premium of Rs. 1872/- with respect to the said car of the complainant was indeed paid by the complainant to the OP and duly received by the OP at the time of executing the policy cover note. It is also admitted by the OP that copy of the said certificate was given to the complainant by the OP after more than a month of the expiry of the policy period in December 2014 whereas the policy expired on 10.11.2014 itself which makes it evident that the OP was negligent in performing its duty and also guilty of unfair trade practice in as much as deliberately not supplying the insurance certificate to the complainant despite repeated reminders and visits by the complainant for the same in order to cover this lapse. Even the defence taken by the OP in its written statement is vague and lame and no reason / explanation have been given by the OP for this inaction. It would not be out of context to mention here that the said car was exposed to threat of theft / loss or any such untoward eventuality when the complainant did not have the insurance certificate with respect to the CNG KIT for the entire period of one year of the insurance cover.
6. We accordingly find OP guilty of deficiency in service and unfair trade practice and therefore award refund of a sum of Rs. 1872/- alongwith interest @ 9% p.a. from the date of filing of the complaint till realization payable by the OP to the complainant which the complainant had paid to the OP towards CNG KIT Insurance Premium. We further award a sum of        Rs. 5,000/- towards special and general damage for harassment and poor service at the hand of OP. Order be complied within 30 days from the date of copy of receipt of this order.  
7.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8. File be consigned to Record Room.

(Announced on  18.12.2017)       

 

(N.K. Sharma) President

(Sonica Mehrotra) Member