Delhi

North East

CC/37/2021

Mr. Ram Sahai - Complainant(s)

Versus

M/s Universal Sompo, General Insurance Company Ltd. - Opp.Party(s)

12 Jun 2023

ORDER

   DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.37/21

 

In the matter of:

 

	Mr. Ram Sahai, S/o Shri Surajdeen, R/o H. No. B-88/3, Gali No. 2 Dayalpur, New Delhi- 110094	Complainant
	Versus
1.	M/s Universal Sompo General Insurance Co. Ltd. Unit No. 401, 4th Floor, Sangam Complex, 127, Andheri Kurla Road, Andheri (E), Mumbai 400059 Maharashtra	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                        DATE OF ORDER  :

01.03.2021 03.01.2023 12.06.2023

 

 

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

 

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant got his vehicle bearing no. DL8C AM 6906 insured from Opposite Party for the period from 24.10.2017 to 23.10.2018. On 11.02.2018 the vehicle of the Complainant met with an accident near Kokhraj, Kausambi, Uttar Pradesh. The accident took place while saving a motorcyclist. In the accident the vehicle was badly damaged. The Complainant made a complaint in police station Kokhraj, district Kausambi immediately after the accident. The Complainant telephonically contacted the Maruti Showroom from where he had purchased the car and he was told to take the vehicle to the nearest company showroom i.e. Amardeep workshop in Allahabad. On 12.02.2018 the Complainant took his accidental car to the said Amardeep workshop Allahabad with help of the crane. He submitted the claim form on 02.04.2018. M/s Amardeep issued an invoice for a sum of Rs. 2,21,992/- towards the repair of accidental car. The Complainant had paid the said amount to Amardeep workshop. The Complainant did not receive his claim amount and in the first week of August 2019, the Complainant received a letter dated 03.08.2019 from the Opposite Party whereby the claim of the Complainant was refused. The Complainant has prayed an amount of Rs. 2,46,992/- on account of the repair of the accidental car along with interest @ 18 %. He has also claimed damages of Rs. 2,00,000/-.    

Case of the Opposite Party

2. Opposite Party contested the case and filed its written statement. It is stated that the Complainant had made a false complaint. It is stated that in the absence of any FIR the claim of the Complainant becomes doubtful. It is stated that the Complainant has submitted his claim and informed the Opposite Party after two months. It is stated that the vehicle was being driven in a rash and negligent manner. It is stated that the Complainant has violated the terms of the insurance policy as after the accident the Complainant did not directly went to authorised service station. It is stated that the Complainant got his vehicle serviced outside the authorised service centre and therefore the Opposite Party is not liable to pay any compensation. The allegations of the Complainant had been denied.

Rejoinder to the written statement of Opposite Party

3.  The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertion made in the complaint.

Evidence of the Parties

4. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint. Vide order dated 26.09.2022, the evidence of the Opposite Party is closed as it failed to lead evidence despite grant of opportunities.

Arguments & Conclusion

5. We have heard the Ld. Counsels for the Complainant and Opposite Party. We have also perused the file. The case of the Complainant is that his vehicle is insured by the Opposite Party and during the subsistence of the insurance policy his vehicle met with an accident on 11.09.2018. It is his case that the Opposite Party did not pay the claim amount. The case of the Opposite Party is that the Complainant has violated the terms and condition of the policy and also he has submitted his claim and informed the Opposite Party after two months.
6. The Complainant has proved his case by leading evidence by way of affidavit on the other hand; the Opposite Party in support of its case did not lead any evidence. Therefore under these circumstances, the defense put forward by the Opposite Party cannot be accepted. Complainant has filed a copy of invoice of Amardeep workshop for an amount of Rs. 2,21,992/-. Therefore, the complaint is allowed. Opposite Party is directed to pay an amount of Rs. 2,21,992/- to the Complainant on account of repair of accidental car along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 25,000/- to the Complainant on account of damages along with interest @ 6 % p.a. from the date of this order till recovery.
7. Order announced on 12.06.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Adarsh Nain)		(Surinder Kumar Sharma)
(Member)		(President)