DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 543/2019
D.No._______________________ Date: __________________
IN THE MATTER OF:
ADITYA PALIWAL,
S/o SH. LOKESH PALIWAL,
R/o 277, DHAKKA, BEHIND CHURCH,
G.T.B. NAGAR, DELHI-110009.… COMPLAINANT
Versus
M/s BAJAJ ALLIANZ GENE. INS. Co. LTD.,
(WEB SALES),
REGD. OFFICE AT: BAJAJ FINSERV BUILDING,
1st FLOOR, BEHIND WEIKFIELD, IT PARK,
VIMAN NAGAR, PUNE-411014. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 17.07.2019
Date of decision:21.01.2020
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OPunder Section 12 of the Consumer Protection Act, 1986 thereby alleging that in the month of January-2019, the complainant purchased online (renewed) Motor Private Car Insurance Policy from ‘Web
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Sales’ of OP for his car i.e. Hyundai i10 bearing Registration No. DL-2C-AE-7266 vide policy no. OG-19-9906-1801-00118672 for a sum of Rs.7,606/- for a period of one year i.e. 23.01.2019 to 22.01.2020. On 07.03.2019, the complainant found battery of his above said car stolen by some miscreants while it was parked near his house and so the complainant lodged a claim with the insurer for the loss vide claim no. OC-19-1101-1801-00036440. Thereafter, during the process of the claim, it came to fore that insurer has made some error while issuing the insurance policy and after lot of persuasion and exchange of many communication between the complainant and the insurer and ultimately when the complainant approached Consumer Forum online for help and insurer corrected the mistake (removed voluntary excess clause) and issued endorsement for the above insurance policy vide no. OG-20-9906- 1801-0004144 on 09.04.2019 i.e. almost 2 months later. The complainant further alleged that since then the complainant is relentlessly following with the insurer to settle his above said claim of stolen car battery but insurer is taking one excuse or the other and is not setting the claim and almost 4 months have passed since lodging the claim but the claim is not yet settled and the complainant needed his car for commuting between home and office and the complainant to get his car repaired and alternate battery replaced to make the car operational by himself and at his own expense. The complainant further alleged that the cost
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incurred to get the car repaired is Rs.5,926/- as per bill and again on the intervening night of 15.04.2019 & 16.04.2019 due to heavy gusty winds, one of the hoardings hanging over street poles, fell on the said car of the complainant which was parked in front of his premises and broke its windshield i.e. front glass. The complainant further alleged that the complainant filed another claim with the insurer on 16.04.2019 for his said car’s windshield replacement vide claim no. OC-20-1101-1801-00001331 and the insurer again took one excuse or the other and did not settle his 2nd claim also and again to make his car operational, the complainant get the windshield replaced at his own expense and the cost incurred to get the windshield replaced is Rs.5,000/- as per bill and due to negligent acts of the insurer, the complainant has suffered losses, mental shock and agony due to deprivation, harassment and absence of professional practice for which the complainant is entitled to compensation. Thereafter, in addition to above, the insurer has removed ‘Add on Covers’ also while issuing the endorsement policy whereas these were covered and formed part of the original renewed policy and the insurer i.e. OP is liable for breach of contract as it has not complied with the terms of the policy and has acted extremely negligently in attending to the claims of the complainant and OP is therefore liable to compensate the complainant for the loss and harassment suffered by OP and
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further alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay Rs.10,926/- as re-imbursement of the cost, incurred by the complainant towards repair expenses as well as compensation of Rs.25,000/- for causing mental, physical agony and harassment caused to the complainant and has also sought Rs.15,000/- as cost of litigation.
3. Notice to OP was issued through speed post for appearance on 15.10.2019 and the complainant filed postal receipt as well as proof of service which shows that notice to OP delivered on 02.08.2019 as per track report but none has appeared on behalf of OP and as such OP was proceeded ex-parte vide order dated 15.10.2019.
4. In order to prove the case, the complainant filed his affidavit inevidence. The complainant has also placed on record copy of e-mail, copy of Tax Invoice N1443IB03402 dated 09.03.2019 of Rs.853/- issued by Sikka Motors Pvt. Ltd., WazirpurIndl. Area, Delhi, copy of Tax Invoice no. 1324 dated 01.07.2019 of Rs.4,096/- issued by Chawla Automobile, Dhakka Parmanand Chowk, Kingsway Camp, Delhi, copy of bill no. 079 dated 09.03.2019 of Rs.1,830/- issued by Manpasand Motors, Denting, Painting & Mechanics, Shiv Shakti Mandir, Rajeev Nagar, Wazirabad Road, Bhopra Ghaziabad, Opp. Tulsi Niketan, copy of estimate no. 2087 dated 11.03.2019 issued by Chawla Automobile, Dhakka Parmanand Chowk, Kingsway
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Camp, Delhi and copy of Tax Invoice no. 19SKNRCINV100080 dated 06.05.2019 of Rs.5,000/- issued by Shield Autoglass Ltd. New Delhi.
5. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record bythe complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears thateven after receiving notice of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence at all in itsfavour.
6. In the light of above, OP being the insurer is held guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP is directed as under:
i) To pay/re-imburse to the complainant an amount of Rs.11,779/- asthe amount spent by the complainant for purchasing battery of the car and replacement of windshield of the car.
ii) To pay to the complainant an amount of Rs.10,000/- as compensationtowards mental agony and harassment caused to the complainant which includes cost of litigation.
8. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date
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of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. 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 21stday of January, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
UPLOADE BY : SATYENDRA JEET
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