Punjab

Rupnagar

CC/21/47

Harshpreet Singh - Complainant(s)

Versus

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

Sh. N.K.Soni, Adv.

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROOPNAGAR

 

 

Consumer Complaint No.  47 of 2021

Date of Institution:          : 02.07.2021

           Date of Decision            :  24.03.2023

 

 

Harshpreet Singh s/o Amarjit Singh, r/o Village Sadipur, Tehsil Khamano District Fatehgarh Sahib through its Special Power of Attorney Jagtar Singh s/o Darshan Singh r/o Village Sadipur Tehsil Khamano District Fatehgarh Sahib.

….. Complainant

Versus

 

1.       National Insurance Company Ltd., through its Branch Manager, Branch Office, Nangal Chowk, Rupnagar District Rupnagar.

2.       National Insurance Company Ltd., through its Branch Manager, Branch Office, Chandigarh Road, Samrala , District Ludhiana.

3.       Pasco Motors near NH 21, Village Khabra PO Singh Bhagwantpura Opposite Solkhian Gurudwara District Rupnagar.

                                                                          …..Opposite parties

 

(Complaint under the provision of Consumer Protection Act)

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

COUNSEL FOR THE PARTIES

For complainant                       :         Sh.N.K.Soni, Advocate

For OPs no.1&2                      :         Sh.Amit Gupta, Advocate

For OP no.3                                      :         Sh.S.K. Vashishat, Advocate

                            

 

Per : KULJIT SINGH, PRESIDENT

 

 

1. Brief facts of the case are that the Tata Truck/Trailer of the complainant bearing no. PB-11-CM-8361 is insured with OP no.1 vide policy no. 401602311910001380 valid from 06.12.2019 to 05.12.2020. On 19.08.2020, the truck was parked near Happy Dhaba at Nadanvan Ring Road no.2 Raipur, Chattisgarh then truck in question caught fire and totally burned. Intimation regarding the incident was given to OPs and they appointed surveyor Sh. Chandan Khare Surveyor to conduct the spot survey on 21.08.2020, thereafter truck/trailer car was parked at the workshop of  OP no. 3 and OPs no.1 and 2 appointed surveyor to assess the loss and estimate regarding the loss of vehicle was also got prepared  by OP no.3 for Rs.27,97,902/-  and it was case of IDV of the vehicle  which is of Rs.28,05,000/- only. The surveyor of OP no.1/Pasco Motors are forcing the complainant to give consent for the repair of the vehicle. The complainant has requested OPs no.1 to 3 many times that vehicle has totally damaged in the accident, if the vehicle is repaired, it will not work properly.  The surveyor of OPs has connived with Pasco Motors  and pressurizing  the complainant to get the vehicle prepared  and harassing the complainant from last ten months so that they both can get benefit.  After filling of the complaint, OPs supplied copies of bills and final survey report that the total cost of repair as per the final bill is Rs.16,63,497/-. The surveyor of OPs no.1 and 2  has only assessed loss of Rs.9,91,442/-  as the vehicle of the complainant was having a package policy and IMT 23 was included. The complainant has suffered  huge mental harassment due to act and conduct of OPs, therefore, he has filed the instant complaint and prayed that OPs be directed to settle  the claim as total loss basis  along with interest from the date of loss till realization, to pay total cost of repair as per final bill i.e. for Rs.16,63,497/- to complainant, Rs.5,00,000/- as compensation for mental harassment and Rs.20,000/- as cost of litigation.
2. Upon notice, OPs no.1 and 2 appeared and filed written reply and contested the complaint of the complainant by averring that the complainant has obtained one insurance policy no. 40160231191000380 covering the vehicle bearing no. PB-11-CM-8361 for a sum of Rs.28,05,000/- w.e.f. 06.12.2019 to 05.12.2020, subject to terms and conditions of the policy. The complainant has intimated OPs with regard to accidental loss to the vehicle on 19.08.2020 and deputed Mr. Chandan Khare Surveyor & Loss Assessor to conduct the spot survey, who has submitted report dated 07.09.2020. Thereafter, deputed R.P Bhasin Surveyor to assess the loss and submitted his report.  The surveyor has assessed the loss to the tune of Rs.9,91,442/- . The vehicle is declared total loss only when the liability of the insurance company in repairing the vehicle is more than 75% of IDV and as such claim is pending for submission of bills by the complainant after repairing the vehicle and there is no fault on the part of OPs.  The vehicle has been repaired and re-inspected by the surveyor. The complainant is now wrongly agitating the mode of settlement and was claiming to settle the claim on total loss basis which is without any justification or any technical reason. OPs no.1 and 2 denied other averments made by the complainant and they prayed for dismissal of the complaint.
3. OP no.3 appeared and filed separate written reply and contested the complaint of the complainant by averring that purchase of truck in question  is made for purely commercial purpose and the complainant is running the business of transportation of goods in which said truck is neither driven for self-employment and nor for earning of livelihood.  The said commercial vehicle in question is to be purchased for working in contract business establishment where the truck of the complainant is to be driven by driver thus complainant is not covered under the CP Act.  The spot survey by the surveyor and estimate of repair was prepared at the instance of complainant himself.  There was no written or oral request ever made by the complainant to OP for not to repair the vehicle in question.  The vehicle in question was properly repaired up to satisfaction of the complainant.  There is no question of any deficiency in service and repair of vehicle in question. Rest of the averments made by the complainant were denied by OP no.3 and it prayed for dismissal of the complaint.
4. The complainant has tendered in evidence his affidavit Ex.C-1 along with copies of documents Ex.C-1 to Ex.C-17 and close the evidence. On the other hand, counsel for OPs no.1 and 2 tendered in evidence affidavit of R.P Bhasin Surveyor as Ex.OP-1/A, affidavit of Chandan Khare as Ex.OP-1/B along with copies of documents Ex.OP-1 to Ex.OP-8 and close the evidence.
5. We have heard learned counsel for the complainant and have also through the record of the case very carefully as well as written arguments filed by OPs no.1 and 2.
6. It is an admitted fact that the truck bearing no.PB-11-CM-8361 bearing policy no. 401602311910001380 valid from 06.12.2019 to 05.12.2020 caught fire on 19.08.2020 when it was parked near Happy Dhaba at Nadanvan Ring Road Raipur Chattisgarh.  Unfortunately, on 19.08.2020 the truck in question caught fire and in this incident, the truck was badly damaged. Intimation to the police was given to this effect by complainant vide Ex.C-4 on the record.  Estimate of the repaired vehicle was given by the surveyor vide Ex.C-3 as Rs.2797902/-. Another surveyor Chandan Khare was also given estimate to the above said truck in question vide Ex.C-8 on the record. Report of fire brigade Ex.C-9 is also placed on record, this report shows that the truck in question definitely caught with fire. We have also perused the photographs of the truck in question Ex.C-11 to Ex.C-17 placed on the record. From perusal of these photographs clippings, this fact is clear that the vehicle in question caught with fire and damaged badly.
7. To refute the evidence of the complainant, we have also perused the documents of OPs placed on record.  Ex.R-2 is copy of tax invoice on the record. We have also perused the affidavit Ex.OP-1/B on the record. We have also perused the report of surveyor placed on the record.
8. From perusal of entire record on the file, it has transpired that the OPs averred that the their surveyor given correct report and the claim should be given to the complainant as per survey report. This fact was admitted by the OPs that the truck in question caught with fire.  From perusal of entire record on the file, we are of the view that the surveyor of OPs no.1 and 2 has connived with Pasco Motors and pressure the complainant to give consent to get the vehicle repaired and estimate given as per surveyor report. This fact was also not disputed that the complainant gave the intimation of incident of fire of the truck in question to OPs in right time without any delay and intimation to OPs as well as police was also given by the complainant in right time as per norms. The truck in question is insured with OPs and IDV of the vehicle as Rs.28,05,000/- vide  policy Ex.C-3 placed on the record. The policy issued in the name of the complainant Harshpreet Singh, which is valid from 06.12.2019 to 05.12.2020  and truck in question caught with fire on 19.08.2020 during currency period of the policy. As such, as per terms and conditions of the insurance policy, OPs are liable to pay the claim to the complainant. The loss was affected within currency period of the policy and FIR to that effect was also lodged with the police. The intimation regarding incident of fire of the vehicle in question was also given to OPs in right time.  Deficiency in service proved on the part of OPs. We are of the considered view that the complainant is entitled for Insured Declared Value (IDV) of the truck in question.
9. In the light of our above discussion, we allow the complaint of the complainant and OPs no.1 and 2 are directed to pay Rs.28,05,000/- as Insured Declared Value of the vehicle (IDV) vide insurance policy Ex.C-3 placed on the record with interest @ 4% from the date of lodging the claim till its realization. The complainant is also entitled for Rs.5,000/- as compensation for mental harassment and Rs.3000/- as costs of litigation.
10. The compliance of the order be made within 45 days from receipt of copy of this order.
11. This complaint could not be decided within stipulated period due to heavy pendency of the cases. Copies of the order be supplied to the parties free of costs. File be indexed and consigned to the record room.

 

Dated         :24.3.2023                     (Kuljit Singh)

                                                            President

 

 

              ( Rakesh Kumar Gupta)                                             

                                                             Member