THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.88 of 2019

      Date of Instt. 19.03.2019

      Date of Decision: 09.02.2023

Satnam Singh, complainant (deceased) through his son and legal heir/Jaswinder Singh Resident of Mohalla Dhirowal, VPO Daroli Kalan Tehsil and District Jalandhar.

..........Complainant

Versus

National Insurance Company, DO No.1, Near BMC Chowk, Jalandhar City, through its Divisional Manager.

….….. Opposite Party

          Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. K. L. Dua, Adv. Counsel for Complainant.

Sh. J. L. Naagar, Adv. Counsel for OP.

Order

Dr. Harveen Bhardwaj (President)

1.                This complaint has been filed by the complainant, wherein alleged that the complainant Purchased the HUNDAI ACCENT CAR LIS CRDI bearing No.PB-08-CT-5545 for his own use. The said HUNDAI AACCENT CAR was got insured by purchasing the Insurance Policy and paid the required amount of Rs.13,037/- as Premium for one year. The said Policy bearing No.401100311810001924, which is valid for one year i.e. from 27-06- 2018 to 26-06-2019. The amount of premium was paid in cash and only then the Cover Note was issued to the complainant. The Proposal of the complainant was accepted by the OP and after completion of all the formalities, and receipt of the payment, the Policy of Insurance was issued. During the Validity of the aforesaid Policy, the HUNDAI ACCENT CAR of the complainant met with an accident and Chamber of the HUNDAI CAR of the complainant burst on 02-09- 2018, while the Hyundai car, while the car was being used by the complainant for his personal use. The matter was immediately reported to the OPs on 04-09-2018 and the OP deputed the Surveyor, who inspected the Hyundai accent car and Assessed the Loss to the tune of Rs.30,000/- only and told the complainant to send the Hyundai car in the Company for the Repairs of the said Hyundai car. The complainant sent the Hyundai Accent car in the Workshop of the Company i.e. Goyal Hyundai, Pragpur (Jalandhar) and the complainant had to spend a sum of Rs.97,000/- on account of Tochan of the Car and the Repairs and Labour Charges etc in respect of the Hyundai Car. The complainant Submitted the claim to the OP, but without assigning any reason, the OP firstly refused to make the payment in respect of the amount spent on the Tochan, Repairs and Labour charges of the Car in question, which was spent by the complainant. The said amount by the complainant on the damaged Car, in the accident during the subsistence of the insurance Policy of the Car. The Car was sent to the Workshop of the Company, on the asking of the Surveyor of the company, who assessed the loss, which was also not correct. As the Insurance Claim of the Car, was not paid by the OP, so the complainant had to visit the office of the OP, so many time for the settlement of his claim and payment of the same, but the OP lingered on the payment of the claim on one pretext or on the other and finally refused to make the payment of the claim to the complainant, though the OP is legally bound to make the payment of the Claim. The complainant was unnecessarily harasses by the opposite party without any reasonable cause and he suffered mentally due to this illegal act of the OP. The complainant served the legal notice upon the OPs, on 01-12-2018. But in the said notice inadvertently due to mistake in place of Hundai X Cent Car, Wrongly Tractor was mentioned, and in place of the Policy No. the word' 4' was not mentioned. On the receipt of the said notice, the OP sent a sum of Rs.17,000/- to the complainant, but that was not the full and final settlement of the claim of the complainant. So, the fresh legal notice after making the corrections dated 25.02.2019 was served on the OPs. Due to the act and conduct of the OP, the complainant suffered mental tension and harassment and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay a sum of Rs.80,000/- balance of the repair charges of the car, toachan charges and repair charges in respect of the car and litigation expenses with interest @ 18% per annum.

2.                Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that the present Consumer Complaint is absolutely false, frivolous and vexatious even to the knowledge of the Complainant himself and is also not at all maintainable in the present form being absolutely contrary to the provisions of law against the OP. The Claim of the Complainant has been settled and finalized very judiciously with utmost care and caution and after due application of mind on the basis of the documents produced and presented by the Complainant and subsequently acting strictly upon the Surveyor's Report, a very cogent document, which goes to the root of the cause. Therefore, the present Complaint is liable to be dismissed with costs specifically under the provisions of Section 26 of Consumer Protection Act 1986. It is further averred that the Complainant has tried to distort the facts to camouflage the established law. It is noteworthy that as per the chronology of complainant's own version the accident took place on 02.09.2018 and the complainant reported to the same to the OP on 04.09.2018. As per the established principles of practice surveyor was appointed and the accidental vehicle was sent to the repairer. The Complainant produced the Bill/Invoice summery from Goyal Automotive Private Limited, Goyal Hyundai, Dated 05.09.2018 for Rs.29,674/- (Rupees twenty-nine thousand six hundred and seventy-four only). Simultaneously, the complainant produced the receipt for having the paid the amount for repair of the said insured accidental vehicle from Goyal Automotive Private Limited bearing No.4272 Dated 10.11.2018 for Rs.29,674/- The appointed Surveyor conducted his survey vide his Survey Report which was received in the office of the Opposite Party on 13.11.2018. And as per the settled principals after making the statutory deductions the surveyor made its report for Rs.17,628/-. It is noteworthy that an amount of salvage was calculated to the tune of Rs.628/- and as a matter of practice after deduction of salvage amount of Rs.628/- the full and final payment of Rs.17,000/- was made to the Complainant, as has been admitted by the complainant in Para No. 12 of his Complaint. Thus, from the facts and circumstances it is clear that the Complainant has, with mala fide intentions, distorted the facts for wrongful gain and has tried to usurp the public money. Therefore, the present Complaint is liable to be dismissed with costs. It is further averred that whatever documents were supplied and produced by the Complainant at the time of settlement of claim, when Survey was being conducted were taken in to consideration and the claim was settled. The Documents appended with the Complaint were never supplied and produced with the Opposite Party but for a single Invoice/Bill Dated 05.09.2018 for Rs.29,674/- The complainant has now procured, fake and false bills such as Bills Dated 31.10.2018, 05.09.2018, and 01.02.2019 alongwith other documents and appended all such Bills and documents with the present Complaint with a mala fide intention to cause wrongful losses to the OP/National Insurance Co. Ltd. The present Consumer Complaint, therefore, is abuse of process of law and is hable to be dismissed with costs. It is further averred that as a matter of regular process and prevailing practice, OP got the loss assessed through an independent and impartial surveyor, who conducted the survey very cautiously and assessed the loss caused to the vehicle, strictly under the established rules, without prejudice and in a very impartial manner with utmost care and caution to its precision. Therefore, as per the established provisions of prevailing law Surveyor's Report is an important document and cannot be brushed aside being a conclusive tool which assists the OP to reach at the just and proper decision for settlement of claim. Therefore, the present Complaint is liable to be dismissed with costs. It is further averred that no cause of action has ever arisen either in favour of Complainant or against the OP giving rise for institution of the present Complaint. The matter at issue has already attained finality. The amount of loss assessed by the Surveyor has been paid being full and final. Therefore, the present Consumer Complaint is liable to be dismissed with costs against the OP. It is further averred that as per the facts, figures and circumstances of the present Consumer Complaint the Complainant himself is guilty of playing mischief with the OP and also for misleading and misdirecting the Commission for his own wrongful gains and with a mala fide intention to cause wrongful losses to the OP. Therefore, the present Consumer Complaint is liable to be dismissed with costs against the OP. On merits, the factum with regard to insurance of the said car from 27.06.2018 to 26.06.2019 is admitted and the facts regarding accident of the said car is also admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The complainant has proved that his Hyundai Accent Car was got insured by him from the OPs and the premium of Rs.13,037/- was paid for one year. The policy was valid from 27.06.2018 to 26.06.2019. The cover note has been proved by the complainant as Ex.C-1 and the insurance policy has been proved as Ex.C-2. The car met with an accident on 02.09.2018 and the matter was reported to the OP on 04.09.2018. The car was sent to the workshop of the company i.e. Goyal Hyundai, Pragpur and he had spent Rs.97,000/- for repair and labour charges. He has proved on record the bills Ex.C-3 to Ex.C-9. The claim was filed, but the OPs refused to make the payment spent on the tochan, repairs and labour charges of the car and have not settled the claim of the complainant.

7.                The OP has alleged that the complainant produced the bill on 05.09.2018 for Rs.29,674/- and produced receipt also. Surveyor was appointed also who has assessed the loss, amounting to Rs.17,628/-. After deducting the salvage amount Rs.17,000/- was paid to the complainant. So, the claim has rightly been settled and paid as per loss and surveyor’s report. The complainant is not maintainable. Request has been made to dismiss the complaint.

8.                Perusal of Ex.C-1 and Ex.C-2 shows that the vehicle was duly insured and the insured amount was Rs.7,50,000/-. As alleged by the complainant, no conditions of the policy were ever given to the complainant. The complainant has proved on record the bills Ex.C-6 and Ex.C-7. These bills are for Rs.22,298/- and another bill Ex.C-8 has been produced which is of Rs.7375/- labour and services charges regarding accidental repair charges. The OP has produced on record the bill claim lodged by the complainant on 05.09.2021 i.e. of Rs.29,674/- alongwith receipt Ex.O1. There is a report of Surveyor who has given his opinion that the damage to the vehicle do coincide with the stated cause of loss and are accidental in nature. He has given the detail as per which the claim was for Rs.21,066/- and Rs.10,307/- i.e. in total Rs.31,373/-, whereas the amount granted by the OPs is Rs.17,628. In the entire report, the Surveyor has nowhere mentioned about the amount disallowed by him while assessing the labour charges. The depreciation has been alleged by the Surveyor 50% on plastic and 35% on metal, which is allegedly the condition of the insurance policy. Perusal of schedule of depreciation mentioned in the insurance policy shows that all rubber/nylon/plastic parts, tyres and tubes, batteries and air bags shall be subject to the deduction of 50% of depreciation and for fiber glass components 30% of glass. As per this schedule, nothing has been mentioned that any amount is to be deducted for depreciation on painting or metal which the Surveyor has done while granting and assessing labour charges. Similarly, in the insurance policy nothing has been mentioned regarding the salvage amount to be deducted, which has been deducted from the assessed amount by the Surveyor. The Surveyor has wrongly assessed the amount without giving any reason and has wrongly not given the claimed amount. The amount of Rs.17,000/- has been given to the complainant out of the total assessed amount, whereas the amount is to be assessed as per the amount claimed and if lesser amount is to be given, it should be given by assigning reason, but no reason has been assigned. The complainant has also produced on record the bills Ex.C-4, Ex.C-5 and Ex.C-9 which are for the period 31.10.2018 and 01.02.2019 and the claim was filed on 05.09.2018. So, the amount mentioned in these bills cannot be granted.

9.                So, in view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to calculate and assess the amount after considering the amount, disallowed without any reason, under the head ‘labour charges’ and pay the amount to the complainant. Further, OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance and payment be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

10.               Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                             Jaswant Singh Dhillon                    Dr. Harveen Bhardwaj     

09.02.2023                    Member                             President