CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.464/2006
M/S ACCURATE STRIPS PVT. LTD.
R/O Z-82/1 NARAINA,
LOHA MANDI,
NEW DELHI-110028
…………. COMPLAINANT
VS.
M/S ORIENTAL INSURANCE CO. LTD.,
2, CENTRAL ROAD, BHOGAL,
JANGPURA,
NEW DELHI
…………..RESPONDENT
Date of Order: 08.07.2015
O R D E R
A.S. Yadav – President
The case of the complainant is that it is a private limited Company and is the owner of the registered car No.DL-9CA-8487 and the same was duly insured with OP for the period from 23.12.1999 to 22.12.2000. It is stated that in the month of Feb.2000, the car met with an accident. The intimation was sent to OP and OP deputed Mr. J.K. Sharma for the assessment and settlement of the loss. Complainant was advised by OP to contact authorised workshop for its repair and on their advice complainant contacted M/s Harpreeet Ford and an estimate of repair was prepared on 22.2.2000. Mr. J.K. Sharma inspected the damaged car and assessed the cost of labour as Rs18,000/- in addition to the parts which are to be replaced. Thereafter the officials of the workshop repaired the damaged vehicle and a raised a bill of Rs.38,122/- and handed over the salvage to the complainant. Immediately after the repair of said vehicle the complainant visited office of OP for depositing the salvage but the officials of the OP did not deposit the same. Thereafter complainant filed all the relevant documents with OP and the officials of OP has assured the complainant that claim will be indemnified within 10-15 days. However, till date the claim has not been passed.
Complainant has prayed for refund of Rs.38,122/- plus compensation of Rs.15,000/- and Rs.5,000/- by way of costs.
In reply to the complaint, OP in the preliminary objections stated that present complaint is barred by limitations as reported claims of the complainant were settled and paid in the year 2000 and the full and final discharge given by the complainant. This complaint has been field on hence 20.6.2006 the same is barred by limitation.
On merit it is submitted that the aforesaid vehicle was duly insured with OP for a period from 23.12.1999 to 22.12.2000. It is stated that an intimation was received from the complainant regarding the accident of the car on 07.1.2000 and the respondent office registered the claim vide claim No.2000/542 and deputed Sh. J.K. Sharma to survey and assess the loss sustained by the complainant who visited the workshop and inspected the vehicle. The complainant paid Rs.17,594/- to Harpreet Motors Ltd. vide receipt No.8997 dated 24.1.2000 towards the repair of the vehicle and accordingly an amount of Rs.17592/- was released to the complainant by OP on 28.9.2000 after obtaining full and final discharge. It is further stated that another intimation regarding the accident was received and registered as claim No.2001/66 for which an amount of Rs.11647/- was paid by OP towards full and final settlement vide cheque No.319283 dated 28.9.2000.
It is stated that except the two aforesaid claims no other claim was ever reported by complainant nor the same has ever been registered by OP.
We have heard OP as nobody appeared to address arguments on behalf of complainant. In fact for the last many hearings nobody appeared for the complainant. We have gone through the written arguments of the parties and carefully perused the record.
As per OP they had no intimation regarding the accident in question and no claim was ever lodged regarding this accident. Complainant has placed on record various letters which he had written to OP for settlement of claim. First letter is dated 11.6.2003 wherein they had stated that the car met with an accident and the car was inspected by Sh. J.K. Sharma on 22.2.2000 and he approved the bill for Rs.18,000/- towards labour charges plus spare parts. It is stated in this letter that they have tried several times to deposit the salvage alongwith the invoice of Harpreet Motors Ltd. of repairing charges but OP office did not accept the same because official of OP stated that they did not have the intimation of accident and the surveyor report.
There is another letter dated 16.7.2003 addressed to OP wherein they have enclosed the estimate NO.5983 dated 22.2.20000 of M/s Harpreet Motors (P) Ltd. approved by Sh. J.K. Sharma, Surveyor. Even thereafter the claim was not settled. Then another letter written by complainant on 06.8.2003 and the reminder sent vide letter dated 04.9.2004. That letter was replied by OP vide letter dated 08.9.2004 wherein they have stated that they received the letter dated 04.9.2004 and they are looking into the matter. Again a letter was written on 21.9.2004 by the complainant regarding this claim. Thereafter again a letter was written on 05.11.2004 in the form of reminder. This letter was replied by OP vide their reply dated 18.11.2004 wherein they have stated that they had talked to one Mr. J. Desai, an official of complainant, and everything was made clear to him and it was further stated in this letter that if the matter is still not clear and they were requested to further give following information:-
- Date of all accidents
- Date when you lodge the claim in our office
- Date when you submitted all claim related documents
- details of all claim payments you received
That letter was also replied by complainant wherein they have stated that they have sent a photocopy of the estimate No.5983 dated 22.2.2000 duly signed and approved by Sh. J.K. Sharma, surveyor and also photocopies of the invoices. So far as two other claims are concerned it stated that concern person working at that time left the job and were not in a position to trace out the record of claims filed and received during 2000 and they confirmed receipt of cheque No.319283 and 319287 for Rs.17,952/- and Rs.11,647/- in respect of the accident which took placed in January 2000 and July 2000. The present claim is for accident which took place in February 2000. The complainant has written a letter to Sh. J.K. Sharma on 17.11.2004 wherein they have brought to his notice about the estimate No.5983 dated 22.2.2000 which was duly approved by him and he was requested to look into the matter and do the needful.
It has come to the knowledge of OP that some claim of the complainant regarding the accident which took place in February 2000 is pending with OP and complainant has submitted the documents which are duly approved by the authorized surveyor of OP. Nothing prevented the OP to write to complainant that no claim is pending with them in respect of any accident of February 2000 and they have never authorized Mr. J.K. Sharma, surveyor to visit the spot and assess the loss. Nothing prevented the OP to seek an explanation from Sh. J.K. Sharma, surveyor. In the latter dated 30.11.2004, complainant has specifically stated that they have take up this matter with Sh. J.K. Sharma, the authorized surveyor of OP on phone regarding the accident/survey report to be submitted by him and according to him he has submitted his report to Office of OP and is ready to give the details only on the request of OP. This letter was not replied by OP. What prevented OP to contact their surveyor. There is no reason to disbelieve the complainant.
OP is directed to pay Rs.38,122/- alongwith interest @ 9% p.a. from the date of filing of this complaint till realization and also to pay compensation of Rs.3,000/- to complainant.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(EHTESHAM-UL-HAQ) (A.S YADAV)
MEMBER PRESIDENT
