BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.239 of 2020
Date of Instt. 18.08.2020
Date of Decision: 03.12.2024
Makhan Singh Age 60 years old S/o Sh. Karnail Singh R/o Village Nandanpur Colony, Jalandhar.
..........Complainant
Versus
1. M/s ICICI Lombard General Insurance Company Ltd. 414, Veer Savarkar Marg, Near Sidhi Vinayak Temple, Prabhadevi, Mumbai, Maharashtra-400025 through its Managing Director.
2. The Manager, ICICI Lombard General Insurance Company Ltd., Nirmal Complex, Near Bhagwan Namdev Chowk, Jalandhar.
3. The Manager, ICICI Lombard General Insurance Company Ltd. TF 1-5, Third Floor, 88, The Mall, Ludhiana, Punjab-1441001.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Gurvinder Arora, Adv. Counsel for Complainant.
Sh. A. K. Gandhi, Adv. Counsel for OPs.
Order
Dr. HarveenBhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is a registered owner of Innova Crysta Car bearing No.PB08-DR-5093 having Chassis No.MBJJB8EM401506975 and Engine No.2GDA045356 and same was purchased by the complainant from ANR Motors Jalandhar on 02.11.2016 and the said vehicle was insured from the OPs on 09.11.2019 for a sum of Rs.26,48,561/- which was valid till 08.11.2020 for which the due premium was also paid by the complainant to the OPs. The above said vehicle was used by the complainant for his domestic use and unfortunately, it met with an accident at Amritsar Tarn Taran National Highway near Village Joga Singh Wala on 15.07.2020 in the morning at about 4:00 a.m. and at that time the son of the complainant namely Anoop Singh was driving the above said vehicle and suddenly, stray animals were coming from the left side of the road due to which the son of the complainant namely Anoop Singh pressed break to the vehicle for saving the animals but unfortunately the vehicle was out of control and hit in the back of the truck which was going ahead due to which the bonnet got stuck in the back of the truck and truck dragged the bonnet of the vehicle of the complainant and thereafter, the vehicle of the complainant got fire and the car was totally damaged/burned. The truck driver along with the truck ran away from the spot. The son of the complainant got saved himself after jumping from the vehicle when it got fire and with the grace of god he was saved. The vehicle was inspected by the surveyor of the opposite parties as the loss was reported to the opposite parties immediately and the estimation of loss was also made in this regard by the M/s ANR Motor Pvt. Ltd., G.T. Road, Daburji, Near Bye Pass, Amritsar and found that it was a loss of Rs.32,60,854/-vide the estimate report given by the M/s ANR Motors Pvt. Ltd. The complainant has requested OPs number of times to pay the claim of Rs.26,48,561/-, a sum of insured vehicle, but OPs have not acceded to the genuine request of complainant which is no doubt a deficiency in services on part of OPs and tantamount to unfair trade practice. The complainant had suffered a lot of mental tension, harassment and financial loss etc. due to the above said unfair trade practice and deficiency in service on the part of the OPs and as such, as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.26,48,561/- the loss of the vehicle in the accident alongwith Rs.10,00,000/- as compensation for causing mental tension and harassment to the complainant.
2. Notice of the complaint was given to the OPs, who filed written reply and contested the complaint by taking preliminary objections that the present complaint is false, vexatious and has been filed with a malafide intention to harass the OPs by misusing the process of law and to avail undue advantages. It is further averred that no cause of action has been arose against the OPs, hence this complaint is liable to be dismissed. It is further averred that the complaint is not maintainable against the OPs and the same is liable to be dismissed. The claim of the complainant is pending with the answering OPs and the same is not adjudicated by OPs as the complainant failed to supply the certain documents required by the OPs for adjudication of the claim’s. As per the record of the OPs, the complainant was failed to supply the vehicle service history, claim form duly filled and signed by insured, invoice and indemnity form, even the letters dated 20.09.2020, 15.10.2020 were sent to the complainant by the OPs. Due to non-submission of the required documents to the OPs, the OPs are not able to adjudicate the claim of the complainant. It is further averred that this Commission has got no jurisdiction to try and entertain the present complaint. On merits, it is admitted the complainant is registered owner of the vehicle in question and the same was purchased from ANR Motors, Kapurthala Road, Jalandhar, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective version, the counsel for both the parties has produced on the file their respective version.
5. We have heard the Ld. Counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for the complainant very minutely.
6. It is admitted fact that the complainant was the registered owner of Innova Crysta Car and the same was insured by the complainant from the OPs. Copy of insurance policy has been proved as Ex.C-1. The complainant has alleged that the vehicle of the complainant met with an accident on 15.07.2020, which was driven by the son of the complainant and in the said accident, the car of the complainant was totally damaged/burnt. The vehicle was inspected by the surveyor of the OPs and the estimate of loss was also made by the M/s ANR Motors, to the tune of Rs.32,62,854/- as per Ex.C-5. The complainant has further alleged that the complainant requested OPs number of time to pay the claim of Rs.26,48,561/-, a sum of insured vehicle, but the OP has failed to pay the same.
7. The contention of the OPs is that the complainant has failed to supply the required certain documents i.e. vehicle service history, claim form duly filled and signed by the insured, invoice and indemnity form, for adjudication of the claim. Despite sending letter dated 20.09.2020 and 15.10.2020 Ex.OP-1 and Ex.OP/2, the complainant has failed to file the same. In such circumstances, the complainant is directed to furnish the required documents, which were demanded by the OPs in letters Ex.OP/1 and Ex.OP/2 for settlement of the claim within 15 days from the date of receipt of the copy of order. After receiving the documents from the complainant, the OPs are directed to settle the claim of the complainant within 15 days from the date of receipt of the documents, failing which the OPs will be liable to pay a compensation of Rs.20,000/- to the complainant. It is further ordered that if the complainant is not satisfied with the settlement of the claim made by the OPs, then he is at liberty to file a fresh complaint. Thus, the complaint of the complainant is disposed of. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
03.12.2024 Member Member President
