istrict Consumer Disputes RedressalCommission ,Faridabad.

Consumer Complaint  No.171/2020.

 Date of Institution: 22.06.2020.

Date of Order:-30.08.2022

Gaurav aged 34 years S/o ShriRavinder Kumar Pathak R/o House No. 201m Daultabad, Sector-16A, Faridabad. Aadhar card No. 4209 9091 9206 mobile No. 8010855673.

                                                                   …….Complainant……..

                                                Versus

1.                M/s. National Insurance Company Ltd., Divisional Office: 5C-1 & 2, BP, Railway Road, NeelamChowk, NIT, Faridabad.

2.                The Senior Divisional Manager, M/s. National Insurance Co. Ltd., Divisional Officer: 5C-1 & 2, BP, Railway Road, NeelamChowk, NIT, Faridabad.

                                                                    …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            AmitArora……………..President

Mukesh Sharma…………Member.

PRESENT:                    Sh. N.K.Tanwar, counsel for the complainant.

                             Sh. Jatinder Singh, counsel for opposite parties Nos.1 & 2.

ORDER:

                             The facts in brief of the complaint are that  the complainant purchased a new Swift Dezire Car having engine No. K12MN 2030712 and Chassis No. MA3EJKD1S00B15113 from M/s. Vipul Motors Pvt. Ltd., 25/5, Delhi Mathura Road, Faridabad on 25.09.2017 for an amount of Rs.5,07,786/= vide invoice  dated 25.09.2017.  The complainant got registered the above mentioned Swift Dezire Car from Registering Authority, Faridabad and the  Registration Authority, Faridabad issued the registration No. HR-38X-9576.  The complainant got his above mentioned vehicle insured from M/s. National Insurance Company Limited vide its insurance policy No. 361100/31/18/10003289 valid from 30.09.2018 to 29.09.2019 by making the payment of Rs.11,527/- as insurance premium.  It was worth mentioning that the policy in question was a comprehensive Zero Dep Insurance Policy whereby all risks of the insured car mentioned above were covered for loss in any manner to the insured vehicle, the loss was to be borne by the insurer M/s. National Insurance Company Limited.  The above mentioned Swift Dezire Car was got financed form Magma Fincorp Ltd., Neelam Bata Road, Faridabad.  The vehicle mentioned above was purchased by the complainant to earn his livelihood as the above mentioned insured car was the only source of income of the complainant.  Unfortunately, the insured car met with an accident on 03.11.2018 near Perfect Autozone Private Limited, Main Badkhal Road, Ankhir opposite Sector-21D, Faridabad, while saving a stray cow, struck with the divider and turned turtle after hitting the Grill pavement.  At the time of accident, the complainant was going to Gurugram from Faridabad.  The insured car was badly damaged in accident.  After the accident, the complainant intimated the opposite parties regarding the accident and upon receipt of the intimation of the accident, opposite parties appointed Shri Manohar Lal, Surveyor and Loss Assessor for spot survey.   Accordingly Shri Manohar Lal inspected the damaged car at the spot and got required photographs thereof.  After spot survey the damaged Swift Dezire car was towed away to Perfect Autozone Private Limited  (Maruti Authorized Service station).  The estimate of the repairs and the damaged parts was prepared by M/s. perfect Autozone Private Limited.  All the required documents were submitted with the opposite party insurer at their General Claim Hub, Laxmi Nagar, District Centre, Delhi.  Accordingly as per procedure of the opposite party insurer, Shri Anil Verma Surveyor & Loss Assessor was appointed for final Motor Survey.  Shri Anil Verma submitted his motor survey report with the opposite party insurer on 28.12.2018.  Upon the final motor survey report of Shri Anil Verma, the complainant was asked to get the vehicle repaired and accordingly the complainant further asked M/s. Perfect Autozone Pvt. Ltd., Plot NO.9, Main Badkhal Road, Faridabad to repair the damaged car in question.  All the bills/cash memo issued by M/s. Perfect Autozone Private Limited were sent to General Claim Hub, Delhi Registered Office-II, Delhi.  The complainant was shocked when the complainant received a letter dated 08.03.2019 sent under reference No. ODH/67397/1100 issued by national Insurance Company Limited, General Claim Hub, Delhi, whereby the opposite party insurer the Own Damage Claim of the complainant was repudiated taking a frivolous plea that the insured vehicle was registered under National Permit but it was compulsory that the authorization must be renewed every year, either the vehicle was plying in its sown state or in the other.  It was  being brought on record that in Annexure C-11, the opposite party insurer mentioned that a pre-repudiation letter dated 20.02.2019 was sent to the complainant seeking explanation as to why the claim should not be repudiated, whereas no such letter was ever sent to the complainant at any point of time.  It was submitted that let the Authorized Signatory of the letter dated 08.03.2019 be asked to come present in person in court to show as to by which mode the pre-repudiation letter dated 20.02.2019 was sent to the complainant, whether it was sent under registered post or the same was sent under speed post and or the same was sent through courier.    The receipt of the registered post/speed post/courier in original be ordered to be produced before this Hon’ble
Forum so that the stand of the opposite party insurer could be assailed.  It was further submitted that though the letter was showing the date 08.03.2019, but the same was not sent to the complainant  in the month of March 2019 as the same was sent to the complainant in the month of May 2019.  The authorized signatory of the letter dated 08.03.2019 may also be asked to produce the  receipt of registered post/speed post/courier showing that the  letter dated 08.03.2019 was sent to the complainant in the month of March 2019. 

                   The Own Damage claim of the complainant had been wrongly repudiated by the opposite parties insurer taking a frivolous and baseless plea in their letter dated 08.03.2019.  The complainant was forced to make the payment to Perfect Autozone Private  Limited of an amount of Rs. 2,02,159/- towards the repair invoice dated 28.12.2018.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                make the payment of Rs.2,02,159/- with interest @ 18% p.a. to the complainant towards the amount spent upon the repairs of the insured car.

b)                 pay Rs.1,00,000/- as compensation for causing mental agony and harassment .

c)                 payRs. 11,000 /-as litigation expenses.

2.                Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant had failed to pin point any deficiency or short service on the part of the answering opposite parties while rendering insurance services in respect of Comprehensive Zero Dep Insurance policy No. 361100/31/18/10003289 covering the insurance risk from 30.09.2018 to 29.09.2019 regarding the Swift Dezire Car having engine No. K12MN2030712 and chassis No.MA3EJKD1S00B15113, registration No.HR-38X-9576. Upon receipt of the intimation vide Dawa Soochna Patar of the accident of the Swift Dezire Car mentioned above, the answering opposite party immediately appointed the surveyor for conducting the spot survey thereof, whereby Shri ManoharLal, Surveyor & Loss Assessor prepared the Motor Survey Report,.  Thereafter the complainant submitted the motor claim form dated 08.11.2018.  The required estimate for the repairsof the damaged car mentioned above was also submitted with the answering opposite parties, which was taken from M/s Perfect Auto Zone Pvt. Ltd. Dated 05.11.2018.  Thereafter the above mentioned insured damaged Swift Dezire Car was got repaired from M/s. Perfect Auto Zone Pvt. Ltd., Badkhal Road, Ankhir, Sector-21D, Faridabad, for which the complainant raised the demand of Rs.2,02,159/- as repairs of the insured damaged car mentioned above, whereas Shri Anil Verma, Surveyor & Loss Assessor assessed an amount of Rs.1,86,500/- as loss occurred to the complainant against the estimated loss of Rs.6,79,964.96 paise, taking the salvage value as Rs.5602.63 paise.  Upon receipt of all the required connected documents and the survey report, the opposite parties process the own damage claim of the complainant, but it was noted that on the day of loss, the National Permit of the insured damaged car expired on 02.11.2018, a day prior to the date of accident i.e. 03.11.2018.  According, the answering opposite parties sent a letter having reference No. ODH/67397/1100  dated 20.02.2019 to the complainant as to why the claim should not be repudiated on the ground that the permit of the vehicle was not valid at the time of loss for which the complainant was given 15 days time to submit the reply.  The complainant failed to respond to the above  mentioned letter and as such the competent authority agreed to repudiate the submitted claim of the complainant and the claim of the complainant was repudiated vide letter dated 08.03.2019 under reference No. ODH/67397/1100.Opposite parties 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 parties – M/s. National Insurance Co. Ltd. &anothers with the prayer to:a)  make the payment of Rs.2,02,159/- with interest @ 18% p.a. to the complainant towards the amount spent upon the repairs of the insured car. b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . c)           pay Rs. 11,000 /-as litigation expenses.               

                    To establish his case the complainant  has led in his evidence,
Ex.CW1/A – affidavit of ShriGaurav,, Ex.C-1  - invoice,, Ex.C-2 – EC,, Ex.C-3 – insurance  policy, Ex.C-4 – estimate of the repairs and the damaged parts, Ex.C-5 – Motor Survey Report, Ex.C-6 – Driving licence,Ex.C-7 – RC, Ex.C-8 Fitness, Ex.C-9 – receipt, Ex.C-10 Pollution certificate, Ex. C-11 – letter dated 08.03.2019, Ex.C-12 – invoice, Ex.C-13 – receipt, Ex.C-14 to C-18 – receipts.

On the other hand counsel for the opposite parties strongly agitated

and opposed.  As per the evidence of the opposite parties, Ex.RW-1/A – affidavit of Shri Rameshwar Dass, Administrative Officer, M/s National insurance Company Limited, Divisional Office 5C-1 & 2, BP, Railway Road, Neelam Chowk, NIT, Faridabad, Ex.R-1 – insurance policy, Ex.R-2 – policy terms & conditions, Ex.R-3 – Dawa Soochna Patar, Ex.R-4 – spot Survey Report, Ex.R-5 – claim form, Ex.R-6 – estimate,, Ex.R-7 Motor Survey Report, Ex.R-8 – letter dated 20.2.2019, Ex.R-9 – repudiation letter.

6.                It is evident from invoice vide Ex.C-1 the complainant purchased a new Swift Dezire Car having engine No. K12MN 2030712 and Chassis No. MA3EJKD1S00B15113 from M/s. Vipul Motors Pvt. Ltd., 25/5, Delhi Mathura Road, Faridabad on 25.09.2017 for an amount of Rs.5,07,786/- vide invoice  dated 25.09.2017. As per Ex.C-2 , the complainant  registered the above mentioned Swift Dezire Car from Registering Authority, Faridabad and the  Registration Authority, Faridabad issued the registration No. HR-38X-9576.It is evident from insurance policy  bearing No. 361100/31/18/10003289 valid from 30.09.2018 to 29.09.2019 by making the payment of Rs.11,527/- as insurance premium vide Ex.C-3.   The insured car met with an accident on 03.11.2018 near Perfect Autozone Private Limited, Main Badkhal Road, Ankhir opposite Sector-21D, Faridabad, while saving a stray cow, struck with the divider and turned turtle after hitting the Grill pavement.  At the time of accident, the complainant was going to Gurugram from Faridabad.  The insured car was badly damaged in accident. Opposite parties appointed Shri Manohar Lal, Surveyor and Loss Assessor for spot survey.  The complainant submitted the moto rclaim form dated 08.11.2018.  The required estimate for the repairs of the damaged car mentioned above was also submitted with the answering opposite parties, which was taken from M/s Perfect Auto Zone Pvt. Ltd. Dated 05.11.2018.  The above mentioned insured damaged Swift Dezire Car was got repaired from M/s. Perfect Auto Zone Pvt. Ltd., Badkhal Road, Ankhir, Sector-21D, Faridabad, for which the complainant raised the demand of Rs.2,02,159/- as repairs of the insured damaged car mentioned above.

7.                As per Motor Survey report vide Ex.R-7,  Shri Anil Verma, Surveyor & Loss Assessor assessed an amount of Rs.1,86,500/- as loss occurred to the complainant against the estimated loss of Rs.6,79,964.96 paise, taking the salvage value as Rs.5602.63 paise.  Upon receipt of all the required connected documents and the survey report, the opposite parties process the own damage claim of the complainant, but it was noted that on the day of loss, the National Permit of the insured damaged car expired on 02.11.2018, a day prior to the date of accident i.e. 03.11.2018.  The  opposite parties sent a letter  No. ODH/67397/1100  dated 20.02.2019 to the complainant as to why the claim should not be repudiated on the ground that the permit of the vehicle was not valid at the time of loss for which the complainant was given 15 days time to submit the reply.  The complainant failed to respond to the above  mentioned letter and as such the competent authority agreed to repudiate the submitted claim of the complainant and the claim of the complainant was repudiated vide letter dated 08.03.2019 under reference No. ODH/67397/1100.

                             The counsel for the opposite party has placed on reliance in case titled Gurshinder Singh Vs. Shriram General Insurance co. Ltd. & Anr. passed by Hon’ble Supreme court of India in civil appeal No. 63 of 2020 (arising out of S.L.P© No. 24370 of 2015). Decided on 24.01.2020

Ratio of the above authority is applicable to the facts of the present case.

8.                After going through the evidence led by the parties, the Commission is  of  the opinion that  no deficiency in service on the part of the opposite parties have been proved.  Resultantly the complaint is dismissed.  Copy of this orderbe sent to the parties concerned free of costs.  File be consigned to the record room.

Announced on:30.08.2022                                   (AmitArora)

                                                                                  President

                    District Consumer Disputes

          Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                   Redressal Commission, Faridabad.