Haryana

Bhiwani

CC/441/2019

parkash - Complainant(s)

Versus

national insurane - Opp.Party(s)

Jagdev sheoran

20 Sep 2023

ORDER

Before the District Consumer Disputes Redressal Commission, Bhiwani.

                                                                                      Complaint No. : 441/2019

                                                              Instituted on     : 21.06.2019

                                                              Decided on       : 20.09.2023

 

Parkash son of Sh. Bir Singh, resident of Bichla Bazar, Tehsil & District Bhiwani.

                                                                                                    ……….………..Complainant. 

 

                                                     Vs.

1. National Insurance Company Limited, Branch Office, Ghanta Ghar, Bhiwani through its Branch Manager Sh. Rajender Kumar Sharma.
2. National Insurance Company Limited, Regional Office-2, S.C.O. 333-334, Sector-34A, Chandigarh through its Regional Manager.
3. National Insurance Company Limited, Head Office, 3, Middleton Street, Parfulchandra Sen Sarani, Kolkata through its Chief Manager.

                                                             ..…….……….Opposite parties.

 

COMPLAINT U/S 12 & 13 OF CONSUMER PROTECTION ACT

 BEFORE:       HON’BLE SMT. SAROJ BALA BOHRA, PRSIDING MEMBER.

                        HON’BLE MS. SHASHI KIRAN PANWAR, MEMBER.

 

Present:        Sh. Jagdev Sheoran, Advocate for the complainant.

                     Sh. A. Sardana, Advocate for opposite parties.

 

                                                   ORDER

 

MS. SHASHI KIRAN PANWAR, MEMBER:

1.                  Brief facts of the case as per complainant are that on dated 30.3.2019 he was coming from Delhi to Bhiwani in his vehicle bearing registration no. HR-26AA-9166.  When he reached near Khairdi Mor, Kalanaur, the another vehicle coming from back side hit the complainant vehicle from behind and thus caused the accident.  The intimation regarding the alleged accident was given to the concerned police station and DDR in respect of said accident was lodged by the police station Kalanaur.  Copy of DDR is Annexure C-2.  The complainant informed the officials of the respondent Insurance Company regarding the said accident and damage of the vehicle, but initially no action was taken by the respondents.  Then the complainant contacted the respondent no. 1 and it was told to the complainant by the officials of the respondent no. 1 to get the vehicle repaired at his own costs and thereafter produce the bills of repairing, the claim will be settled.

2.                  As per instructions of the OP no. 1, the complainant got repaired his vehicle from Laxmi Motor Workshop, Bhiwani and a sum of Rs.65,967/- was incurred by the complainant in repairing his vehicle.  Alongwith copies of bills, the complainant visited the office of the respondent no. 1 and on request of the complainant the respondent no. 1 deputed Sh. V.K. Arora as surveyor to investigate  the matter and submit his report.  The Surveyor carried out the survey and thereafter the complainant has completed all the requirements of the respondent no. 1, but despite completing all formalities, the complainant visited the office of OP no. 1 to inquire about the matter.  But the respondent no. 1 in a rude manner, misbehaved with the complainant and used filthy language against complainant and his brother who was with him at that time and threatened to     consequences.  The complainant also moved a complaint in this regard before the SP Bhiwani.

3.                  Ultimately, the complainant sent legal notice Annexure C-7, postal receipts Annexure C-8, Annexure C-9 and Annexure C-10 to the respondents on dated 1.6.2019, which was duly served upon the respondents, but to no effect.  As the acts and conduct of the respondent no. 1 amounts to deficiency in service, hence the complainant claims Rs.100000/- as compensation alongwith the amount Rs.65967/- of repairing of the vehicle.  Hence this complaint.

4.                  OPs appeared through his counsel and filed his written statement alleging therein that the intricate questions of law and facts are involved in this litigation which can be decided only by the civil Court after proper hearing and as such, the present complaint is not maintainable in the Consumer Commission.  The respondent no. 1 also challenged the jurisdiction of this Commission, because  the accident in question is alleged to have taken place in the area of Kalanaur and the vehicle stood insured with the Branch Office of NIC at Rohtak; and no cause of action has accrued to the complainant within the territorial jurisdiction of the District Commission at Bhiwani.  Moreover, the respondent no. 1 has further stated that the accident has taken place on 30.3.2019, the complainant lodged DDR on 1.4.2019.  On receipt of intimation from the complainant regarding the damage caused to his vehicle in the aforesaid accident, the respondent company deputed Sh. Vijay Kumar Arora, Surveyor and Loss Assessor for survey and assessment of loss caused to the vehicle of the complainant.  The survey was conducted on the same day and the surveyor also submitted his report on the same day assessing therein the loss of Rs.40,700/- less salvage value of Rs.1200/-.  The respondent company sent letter to the complainant requiring him to supply the copy of previous insurance policy, 3^rd party loss affidavit, voucher duly signed, I.D. proof, cancelled cheque and bill of parts and their receipts so that the claim may be processed earliest.  But the complainant failed to supply the required documents in spite of reminder letters dated 27.6.2019 and 1.8.2019.

5.                  Ld. Counsel for the complainant in his evidence has tendered affidavit Exhibit CW-1/A, documents Annexure C1 to Annexure C14 and closed the evidence vide separate statement dated 12.03.2021. On the other hand, ld. Counsel for the opposite parties in his evidence has tendered affidavit Annexure RW1/A, Annexure RW2/A and documents Annexure R1 to Annexure R9 and closed his evidence vide separate statement dated 30.08.2022.

6.                  In the light of pleadings and arguments of the parties, we have examined the relevant material on record.  No doubt, the complainant has faced the accident with his vehicle.  As the accident has taken place, the complainant has done all the needful which he must have to do.  He informed to the police by lodging DDR, the copy of police report dated 2.4.2019 is Annexure C-2 on file of the case.  Vehicle of the complainant is duly insured with the respondent no. 1 vide certificate-cum-policy schedule Annexure C-1.  On assurance of the respondent no. 1 the complainant has got repaired the vehicle.  Repairing bill No.207 dated 20.4.2019 of Rs.37,960/- and bill no.208 dated 20.4.2019 of Rs.13102/- issued by Krishna Denting and Painting are Annexure C-3 and Annexure C-4, respectively.  Tax invoice no.407 dated 27.5.2019 of Rs.5573/- and tax invoice no.408 dated 27.5.2019 of Rs.9332/- issued by Siddhi Enterprises are Annexure C-5 and Annexure C-6 are on the file of the case.

7.                  As per norms of the insurance policy and in accordance with the Final Survey Report dated 4.6.2019, Sh. Vijay Kumar Arora, Surveyor; thereby request for dismissal of the complaint with costs.

8.                  Keeping in view the facts stated above and after going through the pleadings and the relevant documents on file of the case, the complaint of the complainant is partly allowed and the Ops no. 1 to 3 are directed to pay a sum of Rs.39,500/- alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 21.6.2019 and the complainant shall also be entitled for a sum of  Rs.15,000/- (Rupees fifteen  thousand only)  for harassment and Rs.5500/- (Rupees five thousand five hundred  only) as litigation expenses to the complainant.  This order be complied with within a period of one month from the date of  passing of this order.

9.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 20.09.2023

 

 (Shashi Kiran Panwar)      (Saroj Bala Bohra)             

   Member.                                Presiding Member,

                                                        District Consumer Disputes

                                                        Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Present:        Sh. Jagdev Sheoran, Advocate for the complainant.

                     Sh. A. Sardana, Advocate for opposite parties.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands partly allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:20.9.2023           Member.                   Presiding Member,

                                                               District Consumer Disputes

                                                              Redressal Commission, Bhiwani.