District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 600/2019.
Date of Institution:06.12.2019.
Date of Order:28.03.2023.
Ruksana aged about 39 years wife of late Amin, R/o village Alampur, Sub Tehsil Dhauj, District Faridabad, Haryana.
…….Complainant……..
Versus
M/s. Cholamandalam Investment and Finance Company Limited, Office at: A-27, First floor, Nehru Ground, NIT, Faridabad – 121001, Haryana, through its Divisional Manager/principal Officer.
Registered office:
M/s. Cholamandalam MS General Insurance Company Limited Registered Office Plot NO.6, Ist floor, Opp. Metro PillarNO.81, Pusha Road, New Delhi.
…Opposite party
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Ashok Malik, counsel for the complainant.
Sh. O.P.Gaur, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the husband of the complainant namely Mr. Aamin was registered owner of vehicle (TATA truck) bearing registration No. HR-38-Q-8486 which was duly insured with the opposite party vide insurance policy cover note No. 51395472, policy No. 3379/00520462/000/06 valid from 08.01.2017 to 07.01.2018. The husband of the complainant alongwith his nephew, namely Fakruddin S/o Deenu Khan were gone to District Anand (Gujarat) by plying aforesaid vehicle to transport the goods from Faridabad and when he reached opposite Radhe Mobile Shop Near Bus Stand, P.S. Bhadran, District Anand, the husband of the complainant felt pain in his chest and he immediately brought him to Government hospital, but the doctors declared him as dead. On the statement of said Fakruddin, case bearing No. 14/2017 u/s 174.Cr.P.C. The Medical Officer of Medical College, Baroda conducted the postmortem on the autopsy of deceased vide P.M. No. 14/17 dated 17.10.2017. The complainant duly mentioned the opposite party and submitted the requisite documents as demanded by the opposite party and got the claim lodged with the opposite party being legal heir of the insured-Aamin. After submission of said documents,, the officials of the opposite party assured the complainant that after some quarries, the claimed amount shall be disbursed in favour of the complainant shortly. The complainant contacted the concerned officers/officials of the office of the opposite party and requested several times telephonically,, as well as personnel visits, but there was no satisfactory response from the opposite party as the
concerned officer/official avoided to accede to the legitimate request of the complainant on one pretext or the other. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay the claim amount of Rs.2,00,000/- alongwith interest @ 24% p.a.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 31,000 /-as litigation expenses
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that at the very threshold, the present complaint before this Form was not maintainable. Because the motor insurance policy No. 3379/00520462/000/05 valid from 08.01.2016 to 07.01.2017 (Commercial Goods Vehicle) already completed and expired on 07.01.2017, whereas, as per para No.5 of the complaint read with relied upon documents by the complainant, the occurrence had been claimed on 17.10.2017. hence, the alleged occurrence dated 17.10.2017 did not cover the risk under the insurance policy for the period 08.01.2016 to 07.01.2017 and that too relied upon by the complainant in para No.2 of the complaint. The complainant neither had any cause of action nor locus standi in lodging the present complaint before this Forum. It was submitted that the complainant had suppressed and concealed the true, material & vital facts and information from this Hon’ble Forum in lodging the present complaint before Forum. It was submitted that the motor insurance policy No. 3379/00520462/000/05 for the period 08.01.2016 to 07.01.2017 (Commercial Goods Vehicle) was obtained in the name of Mr. Aamin s/o Abdul Hamid, r/o House No. 27, Village Alampur, Block 2,
Faridabad (Hr.) for insured declared value of Rs.8,28,630/- pertaining to truck bearing its registration NO. HR-38Q-8486 As per the risk covered, personal accident compulsory cover for owner-cum-driver was also insured for a sum at Rs.2,00,000/- against premium of Rs.100/-. It was submitted that the insurance company had never undertaken insurable service to the insured under the afore listed motor insurance policy,, in case , violation, breach and infringement of the terms & conditions of the insurance policy and/or out of the scope of the motor insurance policy. It was submitted that the complainant had lodged the present complaint without examining the motor insurance policy, covering the risk, if any, allegedly dated 17.10.2018, which insurance policy had already completed & expired. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– M/s. Cholamandalam MS General Insurance Company Ltd. with the prayer to: a) pay the claim amount of rs.2,00,000/- alongwith interest @ 24% p.a. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 31,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Ruksana, Ex.C-1 – insurance policy, Ex.C-2 - RC, Ex.C3
– Witness report, Ex.C-4 - MLD:214/17, Ex.C-5 – Death certificate, Ex.C6 – Domicile certificate,, Ex.C-7 – Authorisation Certificate of N.P.(Goods), Ex.C8 – Certificate of fitness,, Ex.CW2/A – affidavit of Abdul Hamid S/o Hussain Khan R/o village Alampur, Block-2, Tehsil and District Faridabad,, Ex.C-9 – insurance policy for the period 08.01.2017 to 07.01.2018.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.R1/A – affidavit of Shri Surjeet Kumar Sahu, Dy Manager Claims (Legal) M/s. Cholamandalam MS General Insurance Company Ltd. Office at : Samyak Tower, 2nd floor, Plot NO. 39, Opposite Metro Pillar No. 120, Pusa road, Karol Bagh, New Delhi, Ex.O/1 – insurance policy.
6. In this case, the complaint was filed with the prayer of personal accident claim by the complainant. As per Certificate cum policy schedule vide Ex.C-9 the complainant has paid an extra premium of Rs.100/- for the compulsory PA for Owner Driver valid from 08.01.2017 to 07.01.2018. The husband of the complainant was died on 17.10.2017.
On the other hand, counsel for the opposite party argued that the motor insurance policy NO. 3379/00520462/000/05 for the period 08.01.2016 to 07.01.2017 has already completed & expired on 07.01.2017, whereas the occurrence has been claimed to be on 17.10.2017. The alleged occurrence dated 17.10.2017 does not cover the risk under the insurance policy for the period 08.01.2016 to 07.01.2017.
7. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed. Opposite party is directed to process the claim of the complainant as per the terms and conditions of the policy within 30 days from the date of receipt of the copy of order and pay the due amount to the
complainant along with interest @ 6% p.a. from the date of filing of complaint till its realization. The opposite party is also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 28.03.2023. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
