BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 661 of 2015
Date of Institution: 17.11.2015
Date of Decision: 02.05.2016
Smt.Lakhvir Kaur wife of Sh. Paramjeet Singh, resident of House No. 25, Sahbizada Jujhar Singh Avenue, Near May Flower School, Ajnala Road, Amritsar
Complainant
Versus
- National Insurance Company Limited through its MD/CEO/Concerned Official having Head office at 3, Middleton Street, Post Box No. 9229, Kolkata 700 071
- National Insurance Company Limited through its Manager/Br.Manager/Concerned Official having branch office, Queens Road, Amritsar, Punjab
Opposite Parties
Complaint under sections 12 & 13 of the Consumer Protection Act, 1986
Present: For the Complainant : Sh. Paramjit Singh,Advocate
For the Opposite Parties :Sh.S.S. Randhawa, Advocate
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Lakhvir Kaur complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 as amended upto date on the allegations that complainant is peace loving and law abiding citizen. The complainant purchased a two wheeler Jupiter bearing Registration No. PB-02-CH-6081 make TVS Model No. 2014 on 26.2.2014 bearing Engine No. 1072071, Chassis No. 74057 from Sangam Auto Wheelers , Batala Road, Amritsar. At the time of said purchase, vehicle was insured for a total premium of Rs. 1264/- for the value of the vehicle Rs. 42,351/- by National Insurance Company Lte i.e. opposite party No.2, Queens Road, Amritsar, vide policy No. 404400/31/13/6200011139 having collection No. 40440081130000008415 in the name of the complainant for an insurance period w.e.f. 26.2.2014 to 25.2.2015. The complainant is a director of the firm namely Jolly Creations having its principal office at BXXV/554/54/2, Near Shivpuri, Ludhiana . On 13.11.2014 the said insured vehicle was stolen from the District Court Complex, Amritsar . On the same day, complainant reported the matter in the PP District Courts, Amritsar. On 17.11.2014 the complainant informed opposite party No.2 at their office. Thereafter the complainant also e-mailed Motor Claim Form alongwith other documents to opposite party No.1 being provided by opposite party No.2. On 16.7.2015 the complainant received a letter from the office of opposite party No.2 and the complainant replied the said letter on 31.7.2015 and also sent all the relevant documents to the office of opposite party No.2 as per their demand. Thereafter one Mandip Singh called the complainant on his telephone No. 918567078674 and told the complainant to submit other documents . As per direction of above Mandip Singh, complainant on 27.8.2015 e-mailed the documents as demanded. On 2.9.2015 above Mandip Singh alleged him to be representative of opposite party No.2, called the complainant and told her that he will visit her house and record her statement. On the same day Mandip Singh recorded the statement of the complainant and also took two original keys of the scooter and told the complainant that he will forward the case of the complainant alongwith original keys and other documents to the office of opposite party No.1. Thereafter the complainant several times approached opposite party No.2 at their office and requested the opposite party No.2 to make the payment of insurance amount as early as possible, but to no effect. The complainant prayed for the following reliefs:-
(i) That the opposite parties may be directed to pay Rs. 42,351/- for the loss occurred to the complainant.
(ii) To pay compensation/punitive damage of Rs. 50,000/- may also be awarded to the complainant for the harassment, mental pain & agony suffered to her on account of deficiency in service.
(iii) The cost of the complaint Rs. 5000/- may also be awarded to the complainant.
(iv) Any other relief to which the complainant is found entitled under law and equity be also awarded to her.
2. Upon notice, opposite parties appeared and contested the complaint by filing written reply taking certain preliminary objections therein inter alia that the complaint is premature and as such the same is liable to be dismissed. The case of the complainant has never been rejected so far and it is under process and as such the complaint is liable to be dismissed ; That the complainant has got no cause of action to file the present complaint ; That the complainant is estopped by her own act and conduct by filing the present complaint. If, however, this Forum comes to the conclusion that claim is payable , in that eventuality directions be given to the complainant to furnish letter of subrogation, power of attorney in favour of Insurance company, RC duly transferred in the name of the Insurance company. On merits facts narrated in the complaint have been specifically denied. It is further stated that no person of the name of Mandip Singh is the employee of the opposite party. Rather it is S.S. Bawa, who was deputed investigator and he submitted his report accordingly. A prayer for dismissal of the complaint with cost was made.
3. In order to prove the case of the complainant, Paramjit Singh,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1, copy of certificate of Insurance cum policy schedule Ex.C-2, copy of letter dated 13.11.2014 Ex.C-3, copy of letter dated 20.11.2014 Ex.C-4, copy of motor claim form theft Ex.C-5, copy of motor claim form Ex.C-6, copy of certificate of registration Ex.C-7, copy of driving licence of Lakhvir Kaur Ex.C-8, copy of voter ID card Ex.C-9, copy of driving licence of Paramjit Singh Ex.C-10, copy of postal receipt Ex.C-11, copy of letter dated 16.7.2015 Ex.C-12, copy of FIR Ex.C-13, copy of untraced certificate U/s 173 Cr.P.C. Ex.C-14, copy of postal receipt Ex.C-15, copy of application dated 14.8.2015 Ex.C-16, copy of postal receipt Ex.C-17 & C-18, copy of receipt Ex.C-19, copy of NCRB report Ex.C-20, copy of letter dated 2.9.2015 Ex.C-21 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh.S.S.Randhawa,Adv.counsel for the opposite parties tendered into evidence affidavit of Sh.Suresh Kumar Sharma Ex.OP1, copy of policy Ex.OP2, copy of letter dated 16.9.2015 Ex.OP3, copy of letter dated 8.10.2015 Ex.OP4 and closed the evidence on behalf of the opposite parties.
5. From the appreciation of the evidence on record, it becomes evident that the complainant was having Insurance cover regarding the vehicle bearing registration No. PB-02-CH-6081 in dispute w.e.f 26.2.2014 to 25.2.2015 vide insurance policy No. 404400/31/13/6200011139, copy whereof Ex.C-2 on record. It is further in evidence that the said scooter in dispute was stolen and the complainant lodged report with Chowki Incharge, Police Post District Courts, Amritsar vide complaint dated 13.11.2014, copy whereof is Ex.C-3 on record. The complainant applied vide application, copy whereof is Ex.C-4, for obtaining the copy of the FIR. It is further the case of the complainant that complainant lodged claim with the Insurance company for compensation regarding the loss of the scooter in dispute. But, however, opposite parties did not make any payment and rather they have been putting the matter off under one pretext or the other . Vide letter dated 2.9.2015, copy whereof Ex.C-21, opposite parties have asked for various documents i.e. copy of FIR, certified copy of untraced report, identity proof, copy of PAN card, copy of purchase bill , copy of RC of the stolen vehicle, statements regarding the loss of the vehicle, undertaking from Suvidha Centre regarding the authenticity of the claim, etc. , from the complainant. It means and imply that the opposite parties have not yet decided the claim of the complainant. In our considered opinion, the complainant has been able to prove on record that she had complied with some of the formalities as required by the opposite parties. Other formalities, which the complainant has failed to comply, have been the letter of subrogation, power of attorney, registration certificate duly transferred in the name of the insurer , which opposite parties have been insisting for deciding the claim of the complainant.
6. In such a situation opposite parties are duty bound to decide the insurance claim of the complainant on the basis of the Insurance certificate Ex.C-2 on supply of requisite documents. The complainant is directed to supply the documents i.e. letter of subrogation, power of attorney, RC duly transferred in favour of the Insurance company, within 15 days of the passing of this order and the opposite parties on receipt of those documents, shall decide the claim of the complainant within a further period of one month. If no order regarding the claim is passed within the stipulated period, the complainant shall be entitled to recover a sum of Rs. 42,351/- regarding the loss of the vehicle in dispute alongwith interest @ 6% p.a from the date of passing of the order until full and final recovery. The complaint stands disposed of accordingly. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 2.05.2016
/R/ ( S.S.Panesar ) President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
