Delhi

New Delhi

CC/337/2017

Ahluwalia Contracts ( India ) Ltd - Complainant(s)

Versus

M/s United India Insurance Co Ltd - Opp.Party(s)

03 Feb 2020

ORDER

 

CONSUMER FISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.337/2017

 

M/s Ahluwalia Contracts (India) Ltd.,

Office at A-177, Okhla Industrial Aread,

Ph.I, New Delhi-20.

                                             …..Complainant

Vs.

 

M/s  United India Insurance Co. Ltd.,
Divisional Office-I,

60, Janpath,  

New Delhi-110001.     

    ….Opposite Party

 

NIPUR CHANDNA, MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is the policy holder of OP Co. vide policy bearing No.040100/41/12/01/00000103  named as Workmen Compensation policy for the period from 9.1.2013 to 8.4.2013.  The policy covered 325 workers.   On 10.07.2013, the worker of the complainant Co. namely Sh. Amulaya Shah while working on the site met with fatal accident.  He was taken to General Hospital, Gurugram by the official of the complainant’s Co. where he was declared dead by the hospital authorities due to short circuit.  The complainant immediately lodged claim with the OP, surveyor was appointed by the OP to whom all the required documents were supplied.  However, nothing was heard from the OP.  On 25.3.2013, Workmen Compensation Commissioner  passed an Award of Rs.4,22,588/- in favour of legal heir of the deceased and the complainant deposited the cheque bearing No.932238 dt. 6.4.2013 for a sum of Rs.4,22,588/-  in favour of Workmen Compensation Commissioner.  Thereafter, the complainant‘s Co. approached OP v for reimbursement of amount deposited with the Workmen Compensation Commissioner but OP Insurance Co. vide its letter dt. 13.8.2015 arbitrarily rejected the claim. Complainant, therefore, approached this Forum for redressal of his grievance.

2.     Notice was issued to the OP, Ld. Counsel, Ms. Nandita Saxena, appeared on behalf of OP and collected the copy of the complaint.  The matter was adjourned to 16.1.2018.  Despite several opportunities,  OP failed to filed its written statement, therefore, it was ordered to be proceeded with ex-parte on 11.5.2018.

 

3.     Complainant has filed his evidence by way of affidavit wherein it has corroborated the contents of his complaint.

 

4.     We have carefully gone through the record of the case and have heard submission made on behalf of complainant. 

5.     Complainant has placed on record the copy of the Insurance policy, copy of the repudiation letter dt. 13.8.2015, copy of Award passed by Workmen Compensation Commission as well as the copy of the cheque dt. 6.4.2013 deposited by it  in support of his case.

 

6.     From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true. 

 

7.     Bare perusal of the copy of cheque dt. 6.4.2013  placed on record by the complainant proves that  the complainant had deposited a sum of Rs.4,22,588/- with Workmen Compensation Commissioner and complainant  is entitled  for reimbursement of the from the OP. 

 

8.     Non-settling of claim of the complainant by OP  amounts to deficiency in services.

 

9.     We, therefore, hold the OP guilty of deficiency in service and direct it as under:

i).  Pay to the complainant a sum of Rs.4,22,588/- along with interest @  9% p.a. from the date of institution of this complaint i.e.  8.8.2017  till payment.

ii)   Pay to the complainant a sum of Rs. 10,000/- as cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 03/02/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                           (NIPUR CHANDNA)                                                 (H M VYAS)

                              MEMBER                                                                MEMBER