Delhi

New Delhi

CC/1317/2009

Pooja Tourist Services - Complainant(s)

Versus

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

21 Aug 2019

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.1317/2009

 

M/s Pooja Tourist Services,

At Shop No.23, East Kidwai Nagar,

New Delhi-110023.

Through its Pro. Kusum Bhatt.

                               ….Complainant

Vs.

The Oriental Insurance Co. Ltd.,

Jeevan Bharti Building,

9^th Floor, K-Tower-10,

Connaught Place, New Delhi.

 

Registered Office at:

The Oriental Insurance Co. Ltd.,

A-25/27, Asaf Ali Road, New Delhi-110002.

 Opposite Party

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that in the year 2005, the complainant purchased a Mitsubishi Lancer car bearing No.DL 1YA 2016 which was insured by National Insurance Co. for the period 21.1.2005 to 19.1.2006.  Thereafter, the above vehicle was insured by the OP Co. on 17.1.2007  vide for No.556118, in lieu of said form, the vehicle of complainant was insured vide cover note No.210000556118 dt. 31.1.2007 for the period from 19.1.2007 to 18.1.2008. Unfortunately, in the night of  8.12.2007, the said vehicle met with an accident due to the wrong and rash driving of some other vehicle, the vehicle in question was driven by the driver of the complainant namely Sh. Vijay.  The   complainant immediately approached the office of OP Co. at A-25/27, Asaf Ali Road, New Delhi.  On the instructions of executive of OP Co. , the said vehicle was got repaired from Asian Motors at Shivaji Marg, Moti Nagar,  where the same was inspected by the executive of OP Co. After  repairing a bill of Rs.3,32,227/- was raised as per the estimate which was already given by the said car repair centre and  was already in knowledge of OP Co. at the time of Inspection.   The complainant submitted all the documents and bills with the OP and it was promised that the money of insurance claim would be paid within 8 weeks but no amount/claim payment has been received from the  OP Insurance Co. to the complainant.  The complainant sent a legal notice dt.27.7.2009 to the OP Co. but nothing has been done by the OP Insurance Co, hence this complaint.

2.     Complaint has been contested by  the OP. OP denied any deficiency on its part and stated that the complainant has wrongly arrayed the Regional office and Head Office of OP whereas the present case required to be dealt by Divisional Office at Bhikaji Cama Place, New Delhi.  It is stated that the driver, Sh. Vijay Joshi of insured vehicle was not holding an effective and valid driving license to drive the vehicle at the time of accident i.e. on 8.12.2007.  It is further stated that the OP Co. appointed Sh. Ajay Kumar Sharma, Surveyor to verify the driving license. As per report of surveyor license in question was not issued by the LA, MV Department, Dehradun, Uttrakhand,.   It is submitted that the surveyor, vide its survey report dt. 6.3.2008 assessed the loss of Rs.2,32,462/- and after considering the verification report in  respect of driving license of driver, the OP had taken the decision to repudiate the claim and same was intimated to the complainant vide letter dt. 13.6.2008 and 23.7.2008. It is further submitted that claim of complainant was repudiated due to breach of driver clause and terms and conditions of the policy, and further prayed dismissal of complaint.

3.     Both the parties have filed their evidence by way of affidavit.  

4.     We have heard arguments advance at the Bar and have perused the record.

5.     Some facts are not denied by the parties such as the policy document, accident. Perusal of the file shows that the driver Sh. Vijay Joshi, who was driving the vehicle did not have the valid driving license on the date of accident i.e. 8.12.2007. The OP Insurance Co. has placed on record the copy of the driving license verification report issued by the Licensing Authority, Dehradun in which it is clearly mentioned that DL NO.58037 in the name of Sh. Vijay Joshi is not issued from this office.  The perusal of the DL verification report makes its abundantly clear that the driver Sh. Vijay Joshi  was not having the valid driving license at the time of accident. The complainant had failed to place on record any documentary evidence which shows that the driver, Sh. Vijay Joshi holds a valid driving license on the date of accident.  Moreover, alongwith his complaint, the complainant has placed on record the copy of the driving license of one Sh. Vijender Prasad which has not relevance with the present complaint.

6.     In view of the above discussion, we are of the considered view that the repudiation of the claim by OP is justified.  The complainant has failed to establish the case of deficiency in services against the OP as alleged by the complainant in his complaint.  We find no merits in the present complaint, same is hereby dismissed.     

The order shall be complied within 30 days of the receipt of the copy of the order. This final order be sent to server (www.confonet.nic.in ). A copy of this order each be sent to both parties free of cost by post. File be consigned to Record Room.

Announced in open Forum on 21/08/2019. 

                                                          

 

                            (ARUN KUMAR ARYA)

                                           PRESIDENT

                              (NIPUR CHANDNA)                                                  (H M VYAS)

                                      MEMBER                                                                MEMBER