Delhi

New Delhi

CC/662/2015

Mahender Kumar Mudgal - Complainant(s)

Versus

M/s Royal Sundaram Alliance insurance Co Ltd - Opp.Party(s)

03 Dec 2019

ORDER

 

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

                ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                               NEW DELHI-1100013

 

            Case No.C.C./662/2015                                                         Dated :

 

            Sh. Mahender Kumar Mudgal

            R/o – 20- JL Block, Old Kakraola Road,

            Roshan Garden, New Delhi- 110018

  ……Complainant

 

Versus

M/s Royal SundramAliance Insurance Co. Ltd.

Regd. Off :-VishrantiMelaram Towers No. 2/ 139,

Rajiv Gandhi Salai, (OMR), Karapakkam, Chennai- 600097

Branch Off :- 28 A, 1^st Floor, Prahlad  Market, DeshBandhu

Gupta Road, Karol Bagh, New Delhi – 110005

Also at :- 605,  6^th Floor, Ashoka State, Barakhamba Road,

Connaught Place, New Delhi- 110001

And  :- 1505-1506, 15 th Floor, Ambadeep Building,

14 K.G. Marg, New Delhi- 110001                                         

…….Opposite Party

 

 

 

 

 

 

            H.M. VYAS – MEMBER

 

                                                                        ORDER

 

 

The complaint has been filed challenging the repudiation dated 19/06/2015 of the claim reference no. RSA/20150608/00019644 (IRDA reference no. 06-15-004874).

It is alleged that a car bearing number DL2C AS 7447 Maruti Swift VDI was insured with the OP vide policy no. MOP2889725 with validity period  w.e.f.  13/04/2015 to 12/04/2016. The said car met with an accident and was badly damaged on 01/05/2015 when it was being driven by the complainant’s brother. Police complaint was made on 02/05/2015 vide D.D. no. 26B.

The complaint as also made to the OP informing about the accident and a claim application dated 02/05/2015 was given with request to appoint surveyor  for survey at the workshop M/s Competent Auto, New Delhi. The claim was registered  by the OP and Sh. Santosh was appointed  as surveyor . It is alleged that  the claim  wereapproved by the officials of the OP on 12/05/2015 and the OP  officials directed to the service station for repair but in the meanwhile the OP rejected  the claim of the complainant  on 19/06/2015. The complainant alleged that all the formalities  of the said claim  was completed on 12/05/2015 but despite follow up the claim was rejected  on flimsy ground of “Mis-representation of the facts”. Alleging deficiency and illegal action of the OP which resulted in mental tension and waste of time and harassment to the complainant, the complainant has made the prayer as under:-

“It is therefore, most respectfully  prayed that the present complaint may kindly be allowed and the opposite party be directed  to repair  the damages  of CAR of the complainant  and to pay to the complainant the amount of Rs. 4,00,000/- and interest @ 18% annum  as compensation  for harassment, inconvenience and unfair trade etc. As claimed  inpara (17) above.

The cost of the proceedings be also awarded to the complainant. “

The OP was noticed and written statement/ version was filed denying all allegations. It is stated that the surveyor vide report dated 25/06/2015 assessed loss to the tune of Rs. 1,73,500/- and also pointed out certain discrepencies inthe reinspection photographs and the claimed photographs of the car. The same are reproduced as under:-

“On going through policy, we have observed that there is gap in policy and accordingly asked pre-inspection report/ photographs of aforesaid vehicle. Later on also cross  checked from previous  policy claim  photographs and observed  following discrepencies :

Pre-Inspection Photo                                                            Claimed photo

In Dicky sticker of Bhagat Singh pasted                  Not seen

No moldings in Front Bumper both side                 Molding found in

Front  bumper both side

Rear Spoiler found                                                    Spoiler found different

Speedometer 15216 on 12/04/2015                        Speedometer 20557 on 01/05/2015

Thus, the claim settlement is recommended as per the above  assessment  and the same is subject to your final approval and admission  of liability  as per policy’s terms and conditions.”

Both the parties filed their respective evidence by way of affidavit. OP also filed an affidavit of surveyor and the Assessment incharge. The ground of repudiation is only the mis-representation.

We have considered the material placed before us and the submissions made by both the parties. The discrepencies in the photograph  relied upon by the OP to repudiate the claim interalia do not dispute the vehicle number, registration number, chasis number which are material to consider the claim. The minor issue raised regarding ticket stickers, molding in front bumper  both sides, spoilers etc do not affect  the factum  of accident and the loss to the vehicle , the surveyor assessed the loss and quantified  as Rs. 1,73,500/-. The repudiation  of the claim  in our considered view  is not tenable  and as such we hold the OP to be deficient in service and direct as below:-

1. OP to pay a sum of Rs. 1,73,500/-
2. Litigation cost of Rs. 15,000/-.

The Orders shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on: 03/12/2019.

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

 

                                                (ARUN KUMAR ARYA)

                                                                    PRESIDENT

 

               (NIPUR CHANDNA)                                                                            (HM VYAS)

             MEMBER                                                                                         MEMBER