DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA

Received by way of transfer Consumer Complaint No.114 of 2018

                                               Date of institution:20.02.2018

                                               Date of Decision:07.11.2022

Baljinder Singh son of Sh. Sukhdev Singh, resident of Village Rawat, District Ludhiana

…….Complainant

Versus

1. National Insurance Company Limited, registered office 3, Middleton Street, Post Box No.9229, Kolkatta-700071, through its Managing Director, Director Manager, etc   
2. National Insurance Company Limited, Branch Office, Bansal Complex, Near Dholewal Chowk, GT Road, Ludhiana, Punjab, through its Branch Manager/Authorized representative 

…..Opposite Parties

 QUORUM:   

   HON’BLE MR. RANJIT SINGH, PRESIDENT.

                   HON’BLE MRS. RANVIR KAUR, MEMBER

PRESENT:

Sh. Hardeep Singh, Adv. for complainant

Sh. Rajeev Abhi, Adv. for OPs

ORDER

RANJIT SINGH, PRESIDENT

1. The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground that the complainant is a registered owner of vehicle bearing No.PB-10-DW-0004 and the said vehicle was insured by the complainant from OP2 w.e.f. 20.07.2017 to 19.07.2018 midnight. The complainant paid Rs.9977/- as premium of the said policy. At the time of giving the said policy of the vehicle of the complainant, the OPs got signed several documents from the complainant. However, the Ops assured that against the said policy, the car of the complainant is fully insured. The vehicle of the complainant was met with an accident on 27.09.2017 in the area of Basti Jodhewal, Rahon Road, Ludhiana and in the said accident, the front windshield and right side mirror of the car was badly damaged. The complainant immediately informed the OPs about the said accident. The complainant took the said vehicle to the workshop of M/s Swani Motors services private Limited, ferozepur Road, Ayali Chowk, Threekay Road, Ludhiana, for repair of the vehicle, who are the authorized dealers of M/s Maruti Suzuki. But at that time, no surveyor come to see the condition of the vehicle in question. The complainant got repaired his vehicle from the said Swani Motors and spent an amount of Rs.11,857/- on the repair. Thereafter, on 29.10.2017, the vehicle of the complainant again met with an accident and front side of the vehicle was damaged. The complainant also informed the OPs about the said accident and complainant spent an amount of Rs.1,57,004/-. With regard to the said accidents, the complainant submitted the copy of the invoice along with other relevant documents including the valid driving license to the OP2, whereby the complainant lodged the claim and requested the OPs to make the payment of said invoices to the complainant as the complainant has himself paid the repair bill amount of both time to the said workshop dealer. After the submission of the documents with the OPs, the complainant several times approached the Ops and requested to pay the claim amount regarding the repair of the vehicle, but the OPs always postponed the matter on one pretext or the other false pretext.  Hence, this complaint. Vide this instant complaint, the complainant has sought the following relief:-

1.To pay a sum of Rs.1,68,861/- of both time repair amount of the vehicle as per the terms and condition of the insurance policy of the vehicle, to the complainant.

2. To pay Rs.1,00,000/- as compensation on account of deficiency in service on the part of the OPs.

3. To pay Rs.11000/- as litigation charges.

2. Upon notice, the OPs has filed written reply taking preliminary objections; that the complaint is not maintainable; that the complainant is stopped by his own act and conduct from filing the present complaint as the complainant is not coming to the commission with clean hands and concealed the material facts from this Commission. On merits, it is stated that since the complainant has obtained the insurance policy from the OP, which is a contract in itself and the parties are bound by the terms and conditions of the policy. Vehicle in question was previously insured with Universal Sompo General Insurance Company Limited. The car was insured by the OP on the basis of the proposal form and declaration submitted by the complainant before obtaining the insurance policy from OPs in respect to vehicle No. PB-10-DW-0004. As per the proposal form the complainant has claimed 20% NCB from OPs for getting the said car insured from National Insurance Company Limited the complainant has also submitted the declaration form that I/We hereby declare that the rate of NCB claimed by me/us is correct and that No claim has arisen in the expiring policy period. I further undertake that if this declaration is found incorrect, all benefits under the policy in respect of section 1of the policy shall be forfeited. On the basis of proposal form and declaration car No.PB-10-DW-0004 was insured with the Ops claiming 20% no claim bonus. A claim was reported regarding the damage to the car on 21.09.2017. Er. Sachin Raichan, 98, Akash Nagar, PO Netaji Nagar, Jalandhar, byepass Chowk, GT Road, Ludhiana was appointed as Surveyor and loss Assessor to assess the loss caused to the car in the alleged accident, which took place on 21.09.2017. The said surveyor had personally inspected the vehicle, took the photographs and other documents and thereafter prepared his report dated 2.11.2017 under his signatures and submitted the same with the Ops along with annexures and enclosures attached with the report assessing the loss to Rs.10,201/-. Second claim was lodged by the complainant regarding the damage caused to the vehicle in question in an alleged accident on 11.10.2017. Immediately on the receipt of the claim, it was duly registered, entertained and processed. Er. Sachin Raichan, was appointed as spot surveyor. The surveyor had personally inspected the vehicle in question at the spot, took the photographs and other documents and thereafter prepared his report dated 16.10.2017 and submitted the same with the answering Ops. Sh. Parveen Kumar Goyal, Surveyor and loss assessor was appointed as surveyor and loss assessor. The said surveyor had personally inspected the car in question, took the photographs and other documents and thereafter prepared his report dated 21.11.2017 under his signatures and submitted the same with the OPs assessing the loss to Rs.1,50,605.21. Shri Onkar Singh, Surveyor and Loss Assessor, 2, New Model Town, Ludhiana was appointed for verification of registration certificate of vehicle No.PB-10-DW-0004 and driving license of Shri Baljinder Singh. The surveyor had moved an application with DTO, Ludhiana, who after verification of the records had submitted their report on the application so moved by Shri Onkar Singh, surveyor and loss assessor. After the receipt of the report of the DTO, Ludhiana, Shri Onkar Singh, had prepared his reports dated 3.11.2017 in respect of verification to driving license of Baljinder Singh and registration certificate e of vehicle No.PB-10-DW-0004 and submitted the same with the answering OP. The OPs had called upon through email Universal Sompo General Insurance Company Limited to submit the confirmation as to whether any claim has been reported under the previous policy valid from 20.07.2016 to 19.07.2017. The said insurance company informed the Ops that there is one claim report in their policy No.2311/56344529/00/000 w.e.f. 20.07.2016 to 29.07.2017 vide their mail dated 1.12.2017. The complainant was not entitled to no claim bonus as claimed by the complainant at the time of getting the insurance cover from the Ops. Thus, alleging no deficiency in service on the part of answering OPs and prayed for dismissal the present complaint. 
3. In support of the complaint, the complainant has tendered various documents. On the other hand, the OPs has also tendered documents in support of their evidence.
4. We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.
5. In this complaint, the main issue is that whether the complainant is entitled to the claim or not?.

It is important to mention here that If once a person has taken a claim from the previous insurance company then how can he take no claim bonus in existing insurance. In this complaint, the complainant said that he never received any claim amount from the previous insurance policy whereas the learned counsel for the OPs has placed on record Ex.C3, vide this document, the OPs received a confirmation that the complainant has received one claim in the policy No.2311/56344529/00/000 w.e.f. 20.07.2016 to 29.07.2017 and the complainant was not entitled to No Claim Bonus. As per the provisions of Indian Motor Tarrif General Regulations 27, it is provided that if any insured claim “no claim bonus” for which he/she/they are not entitled to all the benefits under the policy in respect of section 1 of the policy (relating to the own damage section) stands forfeited. The complainant concealed the above said fact from the insurance company and fraudulently claimed 20% no claim bonus whereas he is not entitled to the same. So, the complainant is not entitled to claim as prayed for.

6. In view of our above discussion, we dismiss the present complaint with no order as to cost. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.
7.  

November 07, 2022

(Ranjit Singh)

(Ranvir Kaur)