Punjab

Rupnagar

RBT/CC/18/451

Caravan Roadways(Punjab)Pvt.Ltd - Complainant(s)

Versus

National Insurance Co.Ltd. - Opp.Party(s)

Subhash Lal adv

02 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA

 

Received by way of transfer Consumer Complaint No.451 of 2018

                                               Date of institution:19.07.2018

                                               Date of Decision:02.01.2023

 

Carvan Roadways (Punjab) Pvt. Limited, Carvan House, Plot No.27, Transport Nagar, Ludhiana through its Manager/Authorized Signatory NK Sharma

…….Complainant

Versus

 

National Insurance Company Limited, Branch Office 6, Miller Ganj, Ludhiana through its Branch Manager

                                                             ……..Opposite Party

 QUORUM:   

   HON’BLE MR. RANJIT SINGH, PRESIDENT.

                   HON’BLE MRS. RANVIR KAUR, MEMBER

 

PRESENT:

      

Sh.Subhash Lal, Adv. for complainant

Sh. T.J.S Jaggi, Adv. for OPs  

              
 

ORDER

RANVIR KAUR, MEMBER

 

1. The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Party on the ground that the complainant is a company duly incorporated under the provisions of Companies Act, 1956 namely Carvan Roadways Punjab Private Limited being a private Limited Company, it is a legal entity and a juristic person and it can sue and be sued in its own name. Mr. N.K. Sharma is Manager of the complainant company and he is conversant with all the facts of the present complaint. Mr. NK Sharma has been authorized and appointed by the company vide resolution dated 3.4.2018 in the meeting of board of directors and he has been authorized to file the present complaint on behalf of the complainant company against the OP and he is authorized to file the complaint, sign all documents, complaint, affidavit, power of attorney and all the acts and deeds on behalf of the company and complaint has been filed by the competent person. The Directors of the complainant company have registered the said company foir running their business of transportation to earn their livelihood as such the complainant is consumer as denied in the Consumer Protection Act. The complainant is registered owner of the truck bearing No.PB-10-FF-8677 and said vehicle was insured with OP which was valid w.e.f. 22.3.2016 to midnight of 21.3.2017.  The said vehicle was met with an accident on 15.6.2016 and truck was damaged badly. The intimation regarding accidental loss/damage was given to the OP. The OP deputed their surveyor who inspected the vehicle, took photographs of the vehicle and assessed the loss of the vehicle. However, the survey report was not supplied to the complainant. The OP assured to him that they will settle the claim at the earliest. But the OP has not settled and paid the claim. The complainant has already spent about Rs.2,00,000/- on the repair of the vehicle in question. The complainant through its Manager Sh. NK Sharma, requested many times to the OPs to pay and settle the claim of the complainant but OP has linger on the matter on one pretext or the other. Thus, alleging deficiency in service on the part of the OP. Therefore, the complainant prayed for the following reliefs against the OP:- 

1. To pay the repair charges of Rs.2,00,000/-

2. To pay Rs.1,00,000/- as compensation on account of mental tension, harassment, pain.

3. To pay Rs.33,000/- as litigation expenses.

2.  Upon notice, the OP has filed written reply stating therein that it is very apparent from the face of that the complaint has been filed with mischievous intentions thereby enabling the complainant to enrich him at the cost of the OP by filing frivolous claim. There is no deficiency in service on the part of the OP. The complainant has concealed the true facts from the OP at the time of obtaining the policy and committed breach of policy terms and conditions by concealing the true facts, due to which his claim has been repudiated vide letter dated 16.11.2016 for reasons mentioned therein.  It is further stated that the complainant has got his vehicle bearing No.PB-10-FF-8677 insured from the OP company for period from 22.3.2016 to 21.3.2017 vide insurance policy. As per the information provided by the complainant prior to obtaining the policy from the OP his vehicle in question was insured from the New India Assurance Company Limited under their policy No.36170031140100007147  which expired on 21.3.2016. The complainant informed OP company that in his previous policy term which is ending on 21.3.2016 there was no claim raised and thus complainant is entitled for rebate in premium and availed no claim bonus at the rate of 25% for the premium of the insurance policy obtained from OP company. During the tenure of the insurance policy the subject vehicle of the complainant met with an accident on 15.6.2016 and was damaged. On lodging the claim of the OP company deputed a surveyor Mr. Ashok Chawla to access the loss. The OP also wrote letter dated 19.10.2016 to the New India Assurance Company Limited having its Branch Office at GT Road, Miller Ganj, Ludhiana from where the subject vehicle was earlier insured, seeking no claim bonus confirmation during the policy period. The new India Assurance Company Limited in their reply revealed that there was one claim reported under the policy issued by them. This fact regarding seeking claim from the New India Assurance Company Limited has been concealed by the complainant from the OP at the time of getting the subject vehicle insured and have wrongly obtained 25% rebate in the  premium amount on account of No Claim Bonus during the previous policy.   So, the complainant was not entitled for rebate on account of no claim bonus sa they have raised one claim in the previous year with the New India Assurance Company Limited with whom the subject vehicle was insured in the previous year. The complainant has concealed this fact from the OP. Thus, alleging no deficiency in service on the part of the OP and prayed for dismissal the present complaint.     
3.  In support of the complaint, the complainant has tendered various documents. On the other hand, the OP has also tendered documents in support of their evidence.
4. We have heard the learned counsel for the parties and have gone through the record of the file, carefully.
5. The allegation of the OP against the complainant is that while executing the relevant 2^nd insurance policy of the vehicle with the OP, it claimed 25% rebate in premium amount on the basis of “No Claim Bonus” during the previous policy. In fact as alleged by the OP the complainant was not entitled for the rebate on account of no claim bonus as he has raised one claim in the previous year with the New India Insurance Company Limited with whom the vehicle in question was insured. The claim of the complainant has been rejected on sole aforesaid ground of concealing the claim received in the previous year policy. All other assertions of the complainant have not been specifically rebutted by the OP. Now the question arises whether this sole ground would disentitle the claim to the complainant, not otherwise rebutted, except the said sole ground of concealment and thereby receiving the rebate in premium. Further, reciprocally, there was equal responsibility of the OP, to confirm regarding any claim availed by the complainant during the previous policy, before extending the relevant rebate, instead of subsequently doing the same and making it is a ground of rejection of the insurance claim of the complainant. Now in the circumstances of the case following, the principle of equity and natural justice and well settled law, the claim of the complainant can’t be rejected on the said sole ground. However, on the basis of reciprocity, while deciding the compensation to the complainant the alleged rebate claimed by him by concealing the fact is to be adjusted in the insurance claim amount.
6. Consequently, the complainant is entitled to Rs.1,30,658/- + Rs.18,779/- (Total Rs.1,49,437/-) the amount actually spent as proved by the complainant 25% rebate from the premium amount claimed by the complainant is ordered to be adjusted (deducted) from this amount.
7. In the circumstances, of the present case, the amount is payable on day of order with 7% per annum interest till payment. Further the complainant is entitled to Rs.11,000/- as litigation expenses payable on the day of order, however, in the circumstances of the case, with no order as to any amount due to mental agony or harassment. The OP is directed to comply with the said order within 30 days from the date of receipt of certified copy of this order. 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.
8.  

January 02, 2023

(Ranjit Singh)

PRESIDENT

•  

                                   

 

(Ranvir Kaur)

MEMBER

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