Haryana

Ambala

CC/257/2012

HARSH CHHABRA S/O P.N.CHHABRA - Complainant(s)

Versus

NATIONAL INSURANCE CO.LTD. - Opp.Party(s)

NAVNEET GUPTA

28 Jan 2016

ORDER

                       BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

            Complaint Case No.      : 257 of 2012

Date of Institution         : 30.08.2012

            Date of Decision            : 28.01.2016

Harsh Chhabra son of Sh. P.N. Chhabra resident of H.No.350, Sector-9, Urban Estate, Ambala City.

                                                                                                                                                                            ……Complainant.

                                                                                       Versus

National Insurance Co. Ltd. through its Branch Manager, 106  Railway Road, Ambala Cantt.

                                                                                                ……Opposite Party.

Complaint Under Section 12 of the Consumer Protection Act

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:           Sh. Navneet Gupta,  Adv. counsel for complainant.

                        Ms. Suraj Rashmi Sharma, Adv. counsel for OP.

ORDER.

                        The present complaint under section 12 of  the Consumer Protection Act, 1986 (hereinafter in short called as the ‘Act’)  has been filed by the complainant alleging therein that he is registered owner of Car I-20 bearing Regn. No.CH01-AH-2304 and purchased  cashless insurance policy for the said vehicle from OP-company commencing from 12.06.2012 to 11.06.2013 vide cover note No.421112339607 by paying a premium of Rs.16957/-. . It has been contended by the complainant that his son Chandan Chhabra took the said car to Noida for some personal work on 19.06.2012 and parked the vehicle near to Sabka Bazar, Noida  and went to Beta -1 Market.  On returning, he applied key in the lock of the car but it could not open and thus the car was brought to service station for repair  where, on checking,  it was found that the lock is broken by someone with an intention to make theft in the car.  As such, a complaint was lodged with P.S. Kasna (Gautam Budh Nagar) on 20.06.2012 whereupon FIR No.121 dated 06.07.2012 under Section 427 IPC was registered.  It has been further alleged that on the way to Ambala, unluckily, the W/shld. Glass of the car also broke due to skit of stone at G.T. Road and thus the complainant informed the insurance company on 22.06.2012 through Samrithi Hyundai, Tepla (insuring agent of the OP-company) and submitted the claim with requisite formalities and documents for the loss caused to the insured vehicle due to damage of lock as well as damage of W/Shld Glass. Samrithi Motors, Tepla charged a sum of Rs.1000/- from complainant vide receipt dated 25.06.2012  being cashless policy and affixed new W/shld. Glass  and lock set in  the car but to utter surprise, the OP company only accepted the claim of wind-screen glass and failed to accept the claim of lock of the car without any plausible and valid reason. It has been further contended by the complainant that act & conduct of the OP company in not releasing the claim of damaged lock is deficient in providing proper services  to him whereas both the claims were submitted at a time  to OP through their agent Samrithi Hyundai.  Thereafter, complainant through his counsel served  a registered notice dated 23.07.2012 upon OP but OP neither bothered to reply the same nor accepted the claim  of the damaged lock of the  insured vehicle till date.  Hence, the present complaint has been preferred seeking relief as per prayer clause of the complaint.

2.                     Upon notice, OP appeared through counsel and filed written statement raising preliminary objections qua non-maintainability of complaint, no locus standi and suppression of material facts by complainant. On merits, it has been urged that proper estimate/documents were not submitted by complainant to obtain the claim and as such there is no negligence on their part and prayed for dismissal of complaint with costs.

3.                     In evidence, counsel for complainant tendered  affidavit  of complainant as Annexure CX alongwith documents as Annexures C-1 to C-13 and closed the evidence whereas on the other hand, counsel for OP tendered affidavit of one Sh. Viney Sharma Assistant Divisional Manager, OP-Insurance Company as Annexure RX  alongwith documents as Annexures R-1 to R-12 and closed the evidence on behalf of OP.  

4.                     We have heard learned counsel for both the parties and gone through the record carefully.  The main grievance  of the complainant is that he lodged two claims with Op company; one is for damaged lock & another is for broken  wind screen glass of the car in question but the OP company released only one claim i.e. for W/shld. Glass whereas qua the IInd claim of damaged lock,  the OP company has submitted in their affidavit (Annexure RX) tendered in evidence that complainant has not filed claim form and other documents  in this regard, therefore, his claim was not released.  Counsel for complainant has drawn our attention towards document Annexure C-12 wherein estimate for lock set & wind screen glass was given  by Samrithi Hyundai Motors, Tepla to the Surveyor of OP company  amounting to Rs.18,600/- (including Rs.13500/- of Lock Set)  regarding spare parts and Rs.3000/- towards R&R charges and document Annexure C-11  i.e. representation made by complainant to OP company on 02.07.2012 wherein it has been specifically mentioned that the claim of windscreen glass has been  released  and that of damaged lock has not been released. So, the version of  OP that they were not aware regarding the claim of complainant for damaged lock of the car is not sustainable whereas from documents Annexure C-11 & C-12, it is clear that the complainant intimated the insurance company regarding damaged lock.  Besides it,   the version of OP that complainant has not mentioned the claim of damaged lock in the claim form (Annexure R-6) is also not tenable since the document (Annexure R-6) does not appear to be submitted by the complainant as it does not bears the signature of complainant  Harsh Chhbara if compared to document/claim form Annexure R-5 also submitted by OP in their evidence, as it is a common prudence that claim forms/proposals  are usually filled & submitted by agents of Insurance Companies and in this case also, the claim has been submitted to OP-insurance company  by Insurance Agent i.e. Samrithi Hyundai Motors, Tepla  on behalf of complainant being cashless policy.  As such, we have no option  except to believe  the version of complainant.

                        So, in view the  facts discussed above, we allow the present complaint and direct the Op-insurance company to comply with the following directions within 30 days from the communication of this order:-

(a)       To release the insurance claim  amounting to Rs.13500/- to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till its realization.

 (b)       Also to pay Rs.3,000/- as costs for unwanted litigation.

 

                        Further the award in question/directions issued above must be complied with by the OP  within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. Copies of this order be sent to the parties concerned, free of costs. File be consigned to the record room after due compliance. 

 Announced:28.01.2016                                                                Sd/-

                                                                                            (A.K. SARDANA)

                                                                                                        PRESIDENT

 

                                                                                                  Sd/-                                                                                                                                                                                                          (PUSHPENDER KUMAR )

                                                                                                 MEMBER