Delhi

New Delhi

CC/1142/2013

Deepak Jain - Complainant(s)

Versus

M/S. Bharti Axa General Insurance - Opp.Party(s)

03 Jun 2016

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1142/13s          Dated:

 

In the matter of:

Mr.DEEPAK SINGHLA

A-2/ 50-51, IST FLOOR

SECTOR-16, ROHINI

NEW DELHI-110088.

                 

         ……..COMPLAINANT

 

VERSUS

 

M/S. BHARTI AXA GENERAL INSURANCE CO. LTD.

THROUGH MD/GM/MANAGER

7^TH FLOOR, PRAKASH DEEP BUILDING

TOLSTOY MARG, BARAKHAMBA ROAD

NEW DELHI-01                                                OP-1

 

M/S. BHARTI AXA GENERAL INSURANCE CO. LTD.

THROUGH MD/GM/MANAGER

UNIT 601 & 602, 6^TH FLOOR, RAHEJA TITANIUM,

OFF WESTERN EXPRESS HIGHWAY

GUREGAON (EAST), MUMBARI-400 0663

OP-2

………. OPPOSITE PARTY

 

 

 

 

ORDER

 

MEMBER:NIPUR CHANDANA

 

Complainant  insured his vehicle registration No.DL-10CB-0810, Swift Desire car with OP Co. vide cover note No.32097415 for the period from 2.2.10 to 1.2.14 for a sum insured of Rs.4,90,000/-

It is alleged by the Complainant that he made several requests to the OP Co. to issue the policy against the aforesaid cover note, but the OP Insurance Co. failed to do the same under one pretext or the other.

It is further alleged by the Complainant that in the month of July, 2013, representative of OP Co. visited at his residential address and requested for the copy of RC, the same is provided to him by the mother of the Complainant, who in turns of the receipts of the copy of RC assured that policy will be issued very soon.  But, no one turned back or supplied the policy till today.

It is further alleged by the Complainant that on the night of 23.12.13 his aforesaid vehicle met with an accident in Chandigarh, and when he called Insurance Co. to register the Complaint, the representative flatly refused to register the same on the ground of not providing the policy number. As such he himself got his car repaired.  But till date the Insurance Co. had failed to settle his claim.

The Complainant therefore, approached this Forum for the redressal of his grievances.

Notice of the Complaint was sent to the OP through Regd. A D Post on 30.4.14.  Ld. Counsel of OP appeared on 14.7.14, copy of complaint supplied to him.  OP choose not to contest the complaint.  Since none appeared on behalf of OP it was ordered to be proceeded with ex-parte.

Complainant filed his ex-parte evidence, wherein he annexed the copy of cover note, photographs of damaged vehicle, copy of repairing bills issued by Guru Kirpa Car Gallary in support of his case.

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

We, hold OP guilty of deficiency in service and direct it as under:-

1)To pay to the complainant A sum of Rs.33,636 /- for repair of the car.

2)To pay to the complainant a sum of Rs.7,500/- for pain and mental agony trauma suffered by him which will also include cost of litigation.

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP insurance company 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 of Rs. 41,136/–. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Pronounced in open Forum on 03.06.2016.

 

 

(S K SARVARIA)

 PRESIDENT

 

 

                                                            ( H M VYAS)             (NIPUR CHANDANA)

                                                                MEMBER                          MEMBER