Delhi

New Delhi

CC/463/2012

Randhir Singh - Complainant(s)

Versus

M/S. Future Generali India Insurance Company Ltd. - Opp.Party(s)

19 Oct 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

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

 NEW DELHI-110001

 

Case No.C.C./463/2012                                                                                                    Dated:

In the matter of:

SHRI RANDHIR SINGH,

S/o Late Sh. Lakhi Ram,

R/o E-80, DDA Flats,

New Ranjit Nagar,

New Delhi-110008

        ……..COMPLAINANT

VERSUS

 

M/S FUTURE GNERAL INDIA INSURANCE CO. LTD.

303-310, 3^rd Floor, Kailsh Building, 26, K.G. Marg,

Connaught Place,

New Delhi-110001

 

               .... OPPOSITE PARTY

 

MEMBER: NIPUR CHANDNA

ORDER

 

        Complainant is the policy holder of OP Company vide policy No. 2010-V0930816-FPV-E001 for the period from 21/3/11 to 30/9/11.

        It is alleged by the complainant that his vehicle bearing Registration No. DL-09CQ8186 insured with the OP met with an accident on 7/7/11, an FIR in this connection registered in Police Station Nuh District Gurgaon, Haryana.

        It is alleged by the complainant that he lodged a claim with the OP Company but the same was rejected vide letter dated 3/1/12 with the remark “Nil Claim”.

        It is alleged by the complainant that the rejection of his claim is uncalled for. Hence this complaint.

        OP contested the complaint and filed a written statement. It has denied any deficiency in services. Preliminary objection no. 2-4 are relevant for the disposal of this case and reproduced as under:

1. That without prejudice to other contentions, the said vehicle met with an accident on 07/07/2011 and an FIR to this regard was registered. It is submitted that subsequently the answering respondent received the claim intimation on 18/07/2011 i.e. after a delay of 11 days and subsequently, Mr. Pradeep Yadav an IRDA licensed independent surveyor was immediately appointed on the same day.
2. That the said surveyor submitted its report dated 02/11/11 to the respondent and the said report brought out a major discrepancy with respect to the said accident. It is submitted that as per the FIR and claim form the driver in the said accident was Mr. Randhir Singh/complainant, whereas the survey conducted by the IRDA licensed independent surveyor revealed that the driver of the said vehicle was Mr. Ram Singh, who had died in the said accident on the spot and the photos of the spot also corroborate with the finding and shows that Mr. Ram Singh was driving the vehicle as he died on the driving seat. It is further submitted that the survey report also reveals that the person sitting on the co-driver seat i.e. Mr. Amit was  dead in the said accident.

 

It is therefore submitted further that the complainant has misrepresented the facts and has concealed the vital facts of the case which are most important for the proper adjudication of the present complaint with intent to mislead this Hon’ble Forum.

A copy of the said survey report is attached hereto and marked as Annexure B-1.

 

1. That the complainant has repeatedly been asked clarification vide letters dated 24/12/2011, 03/01/2012 and 24/01/2012 with respect to the discrepancy regarding the alleged driver of the said vehicle at the time of the accident and also for the submission of Medico-Legal Report (MLR) of the complainant but the complainant has failed time and again to respond, due to which the respondent was left with no other option but to close the claim of the complainant as “Nil Claim”. A copy of the said letters are attached hereto and marked as Annexure C (colly).

        Both the parties filed their evidence by way of affidavit.

        We have heard arguments advanced at the bar and have persued the record.

        Complainant filed u/s 12 of The Consumer Protection Act are decided in the summary manner provided under the Act. Where, however there are questions of facts which need determination by leading of evidence on both sides including the cross examination of witnesses. The appropriate forum is Civil Court and not the present forum.

        A similar situation arises in the present case where the complainant has leveled allegations against the OP for deficiency in services stating  that the OP has repudiated his claim despite the fact that it had admitted the policy, the accident and the loss on that court.

        Ld. Counsel for the OP on the other hand had contended that as per the survey report dt. 2/11/11, there were major discrepancies with respect to the said accident. As per the FIR and claim form the driver in the said accident was MR. Randhir Singh/complainant whereas as per the survey conducted by the surveyor the driver of the said vehicle was MR. Ram Singh, who had died in the said accident on the spot and the photos of spot also corroborate with the findings of surveyor and show that Mr. Ram Singh was driver of the vehicle and the person sitting on near from driver seat Mr. Amit was also dead in the said accident.

        It is contended by the Counsel for the OP that complainant has repeatedly asked for clarification vide letter dt. 24/12/11, 3/01/12 and 24/01/12 with respect to discrepancy regarding alleged driver, but the complainant failed to respond and as such his claim was closes as “Nil claim”.

        A perusal of averments made in the complaint and defence taken up by the OP make it amply clear that there are various questions of fact which need determination. The determination of the facts require evidence to be led on both sides including the minute and detailed cross examination of witnesses and close consideration of various documents relied upon by the parties.

        We are therefore of the considered opinion that this matter cannot be decided by the forum in a summary manner. The present complaint is not maintained in the forum. The complainant may take recourse to the civil court for redressal of his grievances with these observations we disposed off the present complaint.

Copy of this order be sent to both the parties free of cost by post.  This order be sent to server (www.confonet.nic.in ).

  

    File be consigned to record room.       

   Pronounced in open Forum on                        .

 

 

(S K SARVARIA)

PRESIDENT

 

                                               (H M VYAS)                                            (NIPUR CHANDNA)

                                            MEMBER                                                          MEMBER