CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No. 253/2013

Sh. Abhishek Sharma

S/o Sh. Prabhudayal Sharma

R/o H.No.C-7, Harsh Vihar,

Hari Nagar, Ext.-III,

New Delhi-110044                                                ……Complainant

Versus

1.       The Branch Manager

          National Insurance Company Ltd.

          8, Sant Nagar, East of Kailash,

          New Delhi

2.       The Senior Divisional Manager,

          National Insurance Company Ltd.

          Division XV, National Insurance Building,

          8 India Exchange Place,

          First Floor, Kolkata-1                                  ……Opposite Parties

                                                          Date of Institution          : 27.04.13                                                            Date of Order        : 01.10.15

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Briefly stated, the case of the Complainant is that he was having vehicle bearing No.DL-ILP-6640 (Eicher Canter) and the same was insured with the OPs vide policy No.15010031126300004845.  On 07.07.2012, his vehicle was stolen by someone. A report was made by him with the police on 07.07.2012. The same was recovered in accidental condition from near petrol pump, Srinivaspuri Service Road which was almost completely damaged.  He contacted the OPs and the OPs got the vehicle inspected by its surveyor.  After the inspection of the vehicle at the spot by the surveyor, he got the vehicle repaired in workshop at Yunus Automobiles, shop behind factory No.7, Okhla Industrial Estate, Modi Mill, New Delhi-110020. He incurred Rs.1,46,871/- on the repair of his vehicle.   He filed a claim with the OPs and supplied all relevant papers. On 04.02.13, he received a letter from the OP No.2 asking him to provide the copy of FIR duly verified by the deputed surveyor regarding theft of the vehicle. He sent the copy of the FIR duly verified by the deputed surveyor on the next day itself but till today nothing concrete has been done by the OPs.   He sent a notice dated 04.03.2013 and a reminder dated 25.03.2013 to the OP through speed post but nothing has been done by the OP.  Pleading deficiency in service he has prayed that OPs be directed to pay a sum of Rs.3,00,000/- towards the repair charges, harassment, mental agony, monetary loss and legal expenses.

OP was proceeded exparte vide order dated 03.03.2014.

Complainant filed his exparte evidence by way of affidavit as well as written arguments.  We have heard the arguments of the Complainant and his counsel and have also gone through the file.

Complainant has placed on record a copy of the insurance policy 15010031126300004845 valid from 16.06.12 to midnight on 15.06.13 issued by the OP (copy annexure-A1 for the purpose of identification). Annexure-A is the copy of report filed by the Complainant on 07.07.2012 with the Police Station for theft of the vehicle.  The Complainant’s vehicle was recovered by the police. He informed the OP; the OP sent a Surveyor at the spot and the vehicle was repaired in the workshop of Yunus Automobile (copy annexure B-Colly). The total expenses incurred by the Complainant on repair of the vehicle are Rs.51,300/- (of Yunus Automobiles dated 28.07.12),  Rs.87,621/- ( of Vinu Auto Parts dated 27.07.12) and Rs.1,683/-  (of Vinu Auto Parts dated 27.07.12), totaling to Rs.1,40,604/-. The Complainant sent a legal notice dated 04.03.13 etc. (annexure C) but no reply has been received.

As per the averments made in the complaint the Complainant got his vehicle repaired from Yunus Automobiles Shop and he incurred Rs.1,46,871/- on the repair.  However as stated hereinabove the bill said to have been issued by Yunus Automobiles Shop is for an amount of Rs.51,300/- only. Remaining bills have been issued by Vinu Auto Parts. Complainant has not made mention about these bills. Therefore, the complaint of the Complainant seems to be doubtful in nature.  However we also notice that Complainant has also filed copy of one bill dated 09.07.12 shown to have been issued by Yunus Automobiles Shop (perhaps a supplementary bill). If the said amount is taken into consideration the amount would even exceed to Rs.2 lakh. Secondly, copy of the claim petition stated to have been filed by the Complainant with the OP for reimbursement of the claim has not been filed on the record. Therefore, we hold that the Complainant has failed to make out any case for deficiency of service on the part of OP. We dismiss the complaint with no order as to costs.  

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 01.10.15.

(NAINA BAKSHI)                                                             (N.K. GOEL)  MEMBER                                                                        PRESIDENT