District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.147/2022.
Date of Institution:10.03.2022.
Date of Order:11.07.2023.
Mr. Anand Prakash Malhotra, Age 66 years, S/o Shri Devi Dayal, R/o H.No. 324, Sector-9, Faridabad.
…….Complainant……..
Versus
M/s. Oriental Insurance Company Ltd., Office at – 5B/4, B.P. IInd floor, Railway Road, NIT, Faridabad- 121001.
…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Complainant in person.
Sh. Jitender Kaushik, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was the policy holder in the company of opposite party since 2005 and was getting his policy renewed every year. The policy code/number was 272400 respectively. The complainant purchased a Samsung colour TV and a Dell make Laptop and further got it insured with the company of the opposite party for Rs.42,000/- and Rs.45,000/- respectively. The complainant purchased the TV for an amount of Rs.86,000/- in the year 2013. The laptop and TV of the complainant got damaged after a few years and the complainant wanted to get it repaired. The complainant got the laptop repaired for Rs.8673/- but TV was treated as 100% damaged by the surveyor as the cost of the repair was more than the cost of insured value. The complainant applied for reimbursement with the opposite party company as the products of the complainant were covered under policy No. 272400/48/2021/4552. The opposite party company in their letter dated 24.09.2021 informed the complainant that as per the surveyor report of the opposite party company the valuation of the TV cannot be considered more than Rs.31,500/-. The opposite arty company further mentioned the loss assessed by the surveyor which was Rs.14,750/- after calculating the present value of the TV alongwith 50% of depreciation. The opposite party company in respect of the damage of DELL laptop, assessed the repair charges for sum of Rs.4,000/- whereas the complainant got the laptop repaired for Rs.8673/-. The complainant sent a reply to the opposite party regarding the above mentioned letter on 28.09.2021. A number of letters were exchanged between the complainant as well as the opposite party company. The opposite party company processed the claim of Rs.14,750/- towards the TV and Rs.4,000/- towards the repair charges of the laptop. 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 an amount of Rs.50,673/- towards the compensation alongwith interest @ 18% p.a. in favour of the complainant.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) any other relief, which this Hon’ble Commission deems fit and proper may also be awarded in favour of the complainants and against the opposite party.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that after receiving the claim information from the complainant, the answering opposite party immediately deputed the surveyor for survey and to inspect the alleged damage articles of the complainant. After receiving the report of the surveyor, the complainant was requested to provide the cancelled cheque, salvage of T.V and discharge voucher duly signed by the complainant to process the claim and to transfer the amount assessed as per the terms and conditions of the policy vide letter dated 11.11.2021. When the complainant did not provide the above said documents then letters dated 18.11.2021, 02.12.2021 and 16.12.2021 were sent to the complainant but the complainant did not provide the documents demanded by the opposite party and after waiting sufficiently the claim file was closed. 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 complainant in person and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–the Oriental Insurance Company Limited with the prayer to: a) pay an amount of Rs.50,673/- towards the compensation alongwith interest @ 18% p.a. in favour of the complainant. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) any other relief, which this Hon’ble Commission deems fit and proper may also be awarded in favour of the complainants and against the opposite party.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Anand Parkash Malhotra, Ex.C1(colly 1 to 3 – House holders package policy, Ex.C-2 – quotation, Ex.C-3 – cash Receipt/Tax
invoice, Ex.C-4 – Claim form, Ex.C-5 – Tax invoice, Ex.C-6 – letter dated 24.09.2021, Ex.C-7 – letter dated 28.09.2021, Ex.C-8 - Market status released, Ex.C-9 – letter dated 10.11.2021 regarding submission of discharge voucher alongwith salve of old parts of both items, Ex.C-10 – letter dated 09.11.2021., Ex.C-11 – letter dated 11.11.2021, Ex.C-12 – letter dated 13.11.2021, Ex.C-13 – letter dated 18.11.2021, Ex.C-14 – No Claim letter dated 02.12.2021, Ex.C-15 - letter dated 11.12.2021.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Ramesh Kumar, Sr. Divisional Manager, M/s. Oriental Insurance Company Limited, Faridabad , Ex.R-1 – letter dated 11.11.2021,, Ex.R-2 – No claim letter dated 18.11.2021, Ex.R-3 – letter dated 02.12.2021,, Ex..R-4 – No claim letter dated 16.12.2021.
6. It is evident from letter dated 16.12.2021 vide Ex.R-4 opposite party has repudiated the claim of the complainant on the ground that “this has reference to your letter dated 11.12.2021, surveyor clarified that he did not collected the salvage from the insured, so we once again request you to please deposit the salvage of both items (TV & Laptop) in our office for our releasing the payment in your favour. Kindly note if we do not hear from you within 7 days from the date of receipt of this letter we will have no other option but to close the claim as “NO Claim”. Hence, the Commission is of the opinion that the complaint is disposed off with the direction to the complainant to submit the required documents to the opposite party as per letters dated 11.11.2021 vide Ex.R1 , letter dated18.11.2021 (Ex.R2), letter dated 02.12.2021 vide Ex. R3 & letter dated 16.12.2021 vide Ex.R-4 immediately and thereafter opposite party is directed to pay Rs.50,673/- to the
complainant. There are no order as to costs. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 11.07.2023 (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.
