Haryana

Karnal

355/2013

Sultan Singh S/o Harkesh - Complainant(s)

Versus

National Insurance Company - Opp.Party(s)

Bal Krishan Sharma

04 Sep 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL

.

                                                           Complaint No. 355 of 2013

                                                                Date of instt.16.08.2013                                                           

                                          Date of decision: 05.03.2015

 

 Sultan Singh son of Sh.Harkesh resident of G-46, School Area, Nilokheri District Karnal.                                   

                                                     ………..Complainant.

                             Versus

 

National Insurance Company , Old GT Road, near Bus Stand, Karnal through its Branch Manager..

                                                ……… Opposite Party.

 

                            Complaint U/s 12 of the Consumer

                             Protection Act.

 

Before                        Sh.Subhash Goyal……. President.

                                    Sh.Subhash Chander Sharma….Member.

                  

 

 Present                    Sh.Rajbir Sharma Advocate for the complainant.

                                    Sh.Sanjeev Vohra Advocate for the OP.

 

ORDER

 

                   The complainant has filed the present complaint against the OP u/s 12 of the Consumer Protection Act on the allegations that the complainant had purchased insurance policy  for his Car Tata Indica DLS E III-2006 bearing registration No. HR-41B-5601 vide policy No. 150100/31/11/6100010462 valid from  20.4.2011 to 19.4.2012. It has been further alleged that unfortunately the said vehicle met with an accident in the month of  February, 2012 and the complainant reported the matter to the OP. Sh.A.P.Chawla, Surveyor was deputed by the OP who visited the spot and completed all the formalities.  Upon the directions of surveyor the said car was got repaired from Lovers Club, Karnal. The complainant spent Rs.44,789/- on the repairs of the said car and  lodged the claim with the OP by submitting all the required documents but the claim of the complainant has not yet been paid which amounts to deficiency in services on the part of the OP. Thus, alleging deficiency in services on the part of the OP, the complainant has filed the present complaint and has prayed that the OP be directed to pay the claim amount of Rs.44,789/- alongwith compensation for the harassment caused to him and the litigation expenses. He has also tendered his affidavit in support of the contents of the complaint alongwith copy of the Cash Memo Ex.C1 professional survey fee bill Ex.C2 copy of the insurance policy Ex.C3 and Ex.C4, copy of the legal notice Ex.C5, postal receipt Ex.C6 etc.

 

2.                 On notice the OP appeared and filed its written statement raising the preliminary objections that the  complaint was not maintainable; that this Forum has got no jurisdiction to entertain and to try the present complaint; that the complainant has not come to this Forum with clean hands and that the present complaint is  bad for non joinder of the necessary parties.

 

                   On merits, it was contended that in fact on receiving the intimation, Mr.A.P.Chawla  Surveyor and Loss Assessor was deputed to assess the loss, who thoroughly inspected the damaged car and assessed the loss to the tune of Rs.26,000/- subject to the terms, conditions and exceptions of the insurance policy. It was also contended that there was no deficiency in services on the part of the OP and dismissal of the complaint has been sought.

 

3.                 We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

4.                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint against the OP alleging deficiency in services on the allegations that he had purchased the insurance policy No. 150100/31/11/6100010462 valid from  20.4.2011 to 19.4.2012 for his car bearing registration No. HR-41B-5601  from the OP and the during the subsistence of the said policy, the vehicle met with an accident in the month of February, 2012 and the complainant reported the matter to the OP and the OP appointed surveyor and the said car was got repaired but the OP has failed to reimburse the amount and as such there was deficiency in services on the part of the OP.

 

                    However, as per the contention of the OP, the complainant has not approached this Forum with clean hands. However, as and when the intimation was received, surveyor was appointed who assessed the loss to the tune of Rs.26,000/- as per the terms and conditions of the insurance policy and there was no deficiency in services on the part of the OP, rather the complainant itself has refused to accept the said amount.

 

5.                 Therefore, there is no dispute regarding taking place of the accident, regarding giving intimation and appointment of the surveyor by the OP  and assessment of the loss by the surveyor. It has come in evidence that the OP had issued the letter/ pre settlement discharge voucher in the sum of Rs.28200/- as is evident from Ex.O3 to Ex.O6 but there is nothing on the file that the OP ever offered the said amount of Rs.28200/- to the complainant. There is nothing on the file that the said amount of Rs.28200/- was not calculated properly. Therefore, keeping in view the circumstances of the case we hold that there was deficiency in services on the part of the OP for not paying the amount of Rs.28200/- to the complainant.

 

 6.                  Therefore, we order that the complainant is entitled to receive the sum of Rs.28200/- alongwith interest @ 9% per annum from the date of filing of the present complaint i.e.  16.8.2013 till 4.8.2014 i.e. date of issuance of pre settlement discharge voucher Ex.O3. The complainant shall also be entitled for a sum of Rs.2200/- towards compensation for the harassment caused to him and the legal fee and litigation expenses. The present complaint is accepted accordingly. The OP shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated: 5.03.2015                                                                            

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Subhash Chander Sharma)

                             Member.

 

 

Present                        Sh.Rajbir .Sharma Advocate for the complainant.

                                    Sh.Sanjeev Vohra Advocate for the OP.

 

                                    Arguments in part heard. For remaining arguments, the case is adjourned to 5.3.2015.

 

Dated: 4.03.2015                                                                            

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Subhash Chander Sharma)

                             Member.

 

Present                        Sh.Rajbir .Sharma Advocate for the complainant.

                                    Sh.Sanjeev Vohra Advocate for the OP.

 

                                    Remaining arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated: 5.03.2015                                                                            

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Subhash Chander Sharma)

                             Member.