DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.56/2012
The Metro Travels
Through its AR Mr. Maninder Jha
S/o Sh. B. S. Jha
D-129, Krishna Park,
Devli Road, Khanpur,
New Delhi ….Complainant
Versus
National Insurance Co. Ltd.
Through its Manager
E-13, Main Market, Hauz Khas,
New Delhi-110016 ….Opposite Party
Date of Institution : 07.02.2012 Date of Order : 13.09.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Naina Bakshi
Briefly stated, the case of the complainant is that the complainant approached the OP for motor insurance policy covering risk of theft and damage due to accident for the vehicle bearing No. UP-17-T-3049. The OP was agreed to issue insurance policy in respect of above vehicle after physical verification. The insurance policy was valid till 05.12.11 with the insured declared value of Rs.6,56,450/-. The agent of the OP collected the premium amount and issued a cover note of policy. It is submitted that the insured vehicle was met with an accident on 29.08.11 and the OP was informed about the accident and the complainant deposited all the relevant documents as per the directions of the OP and the claim of the complainant was registered. The complainant was approached by one person who introduced himself as a surveyor of the OP. The vehicle was repaired from the authorized service centre and the complainant made a payment of Rs.3,10,743/- from his own pocket. It is submitted that the complainant visited many times to the OP’s office regarding settlement of his claim but the OP failed to decide/settle the claim and delaying the claim of the complainant on the one pretext or the other. Therefore, OP is guilty of unfair trade practice as well as deficiency in service to decide or settle the claim of the complainant. Hence, pleading deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the present complaint for the following reliefs:-
- Direct the OP to pay to the complainant the claim amount of Rs.3,10,743/- alongwith 18% interest from the date of accident till the actual realization of the payment.
- Direct the OP to pay to the complainant a sum of Rs.1,50,000/- as compensation to the complainant .
- Direct the OP to pay to the complainant Rs.20,000/- as cost of the litigation.
Dasti notice was served upon the OP but none appeared on its behalf and accordingly OP was proceeded exparte on 17.08.12.
Affidavit of Sh. Maninder Jha, Proprietor has been filed in evidence on behalf of the complainant.
Written arguments have been filed on behalf of the complainant.
We have heard the counsel for the complainant and have also gone through the file very carefully.
OP has the knowledge about the filing of the complaint but did not choose to contest it.
The complainant has filed a certificate of registration as Ex. CW-1/A. The complainant filed the insurance policy issued by the OP wherein the vehicle was insured for the period 06.12.10 to 05.12.11. We mark the same as Annexure-1 for the purpose of identification. The complainant filed the police complaint as Annexure-2. The complainant filed the tax invoice issued by the dealer as Ex. CW-1/B.
Averments made in the complaint and evidence led by the complainant have remained unchallenged and uncontroverted. Hence, there is no reason to disbelieve the version of the complainant.
It is evident from the record that the complainant insured his vehicle from the OP from 06.12.10 to 05.12.11 after paying the requisite premium and the total IDV of the vehicle was Rs.6,56,450/-. Counsel for the complainant during the course of hearing dated 10.09.18 stated that the complainant had not received any repudiation letter nor the OP appointed any surveyor for processing the claim of the complainant.
In view of the above discussion, we hold the OP guilty of deficiency in service while not deciding the claim of the complainant despite required documents submitted by the complainant. We allow the complaint and direct the OP to pay Rs.3,10,743/- to the complainant towards claim amount alongwith 6% interest from the date of filing of the complaint till realization amount and Rs.10,000/- as compensation for harassment and mental agony undergone by the complainant within a period of one month from the date of receipt of the copy of this order failing which the OP shall become liable to pay the said amount of Rs.3,10,743/- alongwith interest @ 9% p.a. from the date of filing of the complaint till the date of realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 13.09.18
Devendra
