Before the District Consumer Disputes RedressalCommission, Rohtak.

                                                                   Complaint No. : 378

                                                                   Instituted on     : 13.08.2018

                                                                   Decided on       : 31.10.2023

Dr.AshishGoyalage 45 years, son of Shri R.K.Goyal, resident of 174R, Model Town, Rohtak.

                                                                                                                                                                                      ………..Complainant.

                             Vs.

Ms. Universal Sompo General Insurance Company Ltd., SCO-9, 1st floor, Sector-10, Above Central Bank of India, Panchkula, Haryana-134109.

…….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:   SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER.

Present:        Sh. Sudhir Kumar, Advocate for the complainant.

                   Sh.Gulshan Chawla, Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case, as per the complainant are that he insured his Audi Car bearing no.HR-12V5725  with the opposite party vide policy no.USGI/WEBAG/0125043/00/000. The vehicle was insured through a zero debt policy for the period 22.07.20217 to 23.07.2018 and  vehicle met with an accident on 11.11.2017 near Gandhra village mor and an FIR was lodged against the driver of the car namely SiriBhagwan in P.S.Sampla vide FIR no.630/2017 u/s 279/337IPC. The complainant sent his car for repairing at the authorized service centerat Karnal. The insurance company pressurized the complainant to settle the third party claim with the injured Satbir. The complainant settled the matter with Satbir and thereafter  opposite party processed the claim of the complainant. The insurance company did not pass the claim of the vehicle till Feb 2018 and deducted Rs.30000/- from the claim amount  despite the fact that the insurance was ‘zero debt’ and complainant had not to pay single penny.  The act of opposite party is illegal and amounts to deficiency in service.. Hence this complaint and it is prayed that opposite party may kindly be directed to pay a sum of Rs.30000/, which has been deducted by the opposite party from the claim amount alongwith interest, to pay rs.100000/- paid by the complainant on account of third party claim and to pay Rs.5,00,000/- as compensation on account of deficiency in service, harassment and litigation expenses to the complainant.   

2.                After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that the claim intimation has been received by the insurance company after a delay of 19 days. Afterreceiving the claim intimation the claim was registered vide claim no.CL-1076632 and  opposite party appointed a surveyor Sh. JagdeepBhyana, who submitted hisdetailed report showing the liability on the part of the answering respondent as Rs.215276/- which was duly paid by the opposite party to the repairer of the vehicle.  The complainant being satisfied with the service of the opposite party signed the discharge voucher/satisfaction voucher discharging the insurance company qua the claim in question. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with cost.

3.                Complainant in his evidence has tendered affidavit Ex.CW1/A documents Ex.C1 to Ex.C6 and closed his evidence on dated 06.05.2019. Ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A, Ex.RW2/A, documents Ex. R-1 to Ex. R-4 in his evidence and closed his evidence on dated 07.01.2020.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                In the present case as per the complainant he has purchased a zero dep policy from the respondent and his vehicle met with an accident on dated 11.11.2017and he repaired the vehicle from authorized service centre in Karnal and spent an amount of Rs.246937/- on the repair of the vehicle. The insurance company only paid an amount of Rs.215276/-and through this complaint the complainant has demanded the remaining amount i.e. approximately more than Rs.30000/-.

6.                We have minutely perused the policy. No doubt the insurance company has issued the depreciation waiver plan for the vehicle of complainant and we have also minutelyperused the surveyor report. In the survey report the surveyor has mentioned the different liabilities in different heads. The surveyor has mentioned total bill amount as Rs.246937/- The insurance company liability is mentioned as Rs.215276/- and insured liability ismentioned as Rs.31560.33/-. It has been submitted by the respondent counsel that the consent/satisfaction cum discharge voucher has also been signed by the complainant and he was fully satisfied and admitted the payment of Rs.215276/- as full and final amount against the claim lodged with the insurance company. We have minutely perused the consent/satisfaction sum discharge voucher Ex.R4 and surveyor report Ex.R3. Upon the discharge voucher , date of its execution has not been mentioned. No counter sign of insured is mentioned on the first half page. Moreover the surveyor has not mentioned that why he has imposed a liability upon the insured when he has purchased a zero dep policy from the insurance company. This question has not been replied anywhere in the survey report. The insurance company cannot take the benefit due to ignorance of law by the complainant. So as per our opinion  the complainant is entitled for remaining amount of Rs.31560/- alongwith interest.

7.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite partyto pay the amount of Rs.31560/-(Rupees thirty one thousand five hundred and sixty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 13.08.2018 till its realization and shall also pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

31.10.2023

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                                        ………………………………..

                                                                        TriptiPannu, Member.

                                                                        ………………………………..

                                                                        Vijender Singh, Member.