Delhi

New Delhi

CC/380/2011

Shankar Prasad - Complainant(s)

Versus

M/S. National Insurance Company Ltd. - Opp.Party(s)

03 Mar 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/380/11                                                                                                                                                                              Dated:

In the matter of:

SH. SHANKAR PRASAD,

S/O LATE SH. BRIJ KRISHNA

R/O 82, RAJINDER MARKET,

NEAR MORI GATE,

DELHI-110006

         ……..COMPLAINANT

       

VERSUS

M/S NATIONAL INSURANCE CO. LTD.,

JEEVAN BHARTI TOWER-2,

LEVEL 4, 124 CONNAUGHT CIRCUS,

NEW DELHI-110001

 ………. OPPOSITE PARTY

ORDER 

President:  C.K. Chaturvedi

 

          The allegation of deficiency on the part of OP insurance company are in relation to repudiation of accidental damages claim of complainant’s truck dumper No.HR-55-3860 which overturned on 11.01.05 while unloading it.  The dumper was duly insured with OP Company on the date of accident, from Delhi office.  The complainant raised a claim of Rs.97,350/- which was allegedly passed by the Regional Office at Delhi, and it directed Divisional office at Alwar to make payment.  It is alleged that the Alwar office failed to comply with the ‘Regional office’s letters to it, despite complainant repeatedly brought the same to notice of Alwar office.  Therefore, this complaint.

The OP filed a reply and affidavit admitting the fact of insurance, fact of intimation to OP on 07.01.05, the fact of OP appointing a surveyor on 10.01.05, receiving of surveyor report on 04.02.05, and re-inspection report on 13.6.05, and letter issued to complainant and the closing the case as ‘No claim’ on 19.12.05.  With these facts OP has raised question of limitation for filing complaint and the fact that complainant should have been filed in Alwar.  The complainant’s averment that claim was passed by OP at Delhi office is stated to be false.

The complainant in his rejoinder evidence and documents filed has stated that he has been in touch with Alwar office since 2005 till 2010, but the office has denied any information to it from Delhi office for payment.  The complaint has placed on record a summary of dispatched made by Delhi office to Alwar office.  The OP has itself filed a letter dated 30.8.05 which is written from Delhi office to Alwar office, informing it of intimation in the company and appointing of surveyor.

We have considered all the material on record and submission made and looked all aspects of the case.  It is admitted that accident took place at Sarai Kale Khan at Delhi, the survey was done in Delhi and main office of insurance co. dispatched all papers to Alwar Division office on 17.6.05, vide letter brought to Alwar branch by advocate of OP.  The claim has remained untraced as well as unattended, and closed as ‘No claim’ without repudiation. 

This shows gross deficiency and imperfection in service at the hands of OP and its Divisional office at Alwar.  In the face of Delhi office entertaining the claim and sending it to Divisional office at Alwar, the question of jurisdiction of Delhi is meaningless.  Similarly, so long as claim is not repudiated and simply closed as ‘no claim’ does not make it time barred as cause of action and deficiency continues till today.

In the light of above discussion, we hold OP guilty of deficiency in not disciplining its Div. office at Alwar by asking explanation and seeking processing of claim and closing it as no claim.  We direct OP to pay the sum of Rs.64,898/- as per surveyor’s report to Op from date of claim filed with OP at Delhi on 13.1.05, with interest @ 9% since date of payment and we award compensation of Rs.20,000/- for deficiency and litigation expenses together. 

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 03.03.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)            (RITU GARODIA)

MEMBER                                  MEMBER