Delhi

East Delhi

CC/488/2016

MANOJ - Complainant(s)

Versus

NEW INDIA ASS. - Opp.Party(s)

05 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 488/16

 

Shri Manoj Kumar

S/o Shri Sheesh Pal

R/o 10/115, Patel Gali

Vishwas Nagar

Shahdara, Delhi – 110 032                                        ….Complainant

 

Vs.    

 

The New India Assurance Company Limited

Through its Manager

Branch Off: 10^th Floor,

Scope Minar, Core-I,

Laxmi Nagar District Centre

Delhi – 110 092                                                               …Opponent

 

Date of Institution: 16.09.2016

Judgement Reserved on: 05.07.2018

Judgement Passed on: 09.07.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Manoj Kumar against    The New India Assurance Company Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that complainant Manoj Kumar purchased a car Toyoto Qualis No. DL-4C-AE-0144 and got it insured with The New India Assurance Company Limited (OP) vide policy no. 32030331130100005744 for the period 10.12.2013 to 09.12.2014 under customer ID no. PO24687766.  His car was stolen on  07.07.2014 and in the evening of 08.07.2014, the driver of the complainant viz. Shri Rajender Singh informed the police and got an FIR registered vide FIR No. 391/14 under Section 379 of IPC.       

          It was stated that the complainant lodged his claim with New India Assurance Company Limited (OP) and submitted all the required documents.  He also submitted non-traceable report with OP on 13.04.2015 which was acknowledged.  OP wrote a letter of dated 26.08.2015 to the complainant asking him to submit the original Registration Certificate (RC) in respect of the said vehicle, though he had already submitted the same on 12.03.2015 against acknowledgement. 

          It has further been stated that his claim has not been released by OP on one pretext or the other which has caused harassment, mental pain and agony.  Thus, he has prayed for directions to OP to release the claim amount of Rs. 2,00,000/-; compensation of           Rs. 2,00,000/- on account of mental tension, harassment, pain and agony and Rs. 31,000/- towards litigation expenses. 

3.       In the Written Statement, OP have taken various pleas stating that inspite of numerous letters, the complainant had not submitted the original RC.  They have further stated that they have inadvertently acknowledged the list of documents without verifying the original RC.  There was no original RC as per the list of documents submitted on 12.03.2015. 

4.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited documents such as copy of policy cum certificate of insurance (Ex.CW1/1 to 1/2), copy of letters dated 12.03.2015, 13.04.2015 (Ex.CW1/3 to 1/5), certified copy of the final report alongwith all documents including FIR (Ex.CW1/6 colly.), copy of letter dated 26.08.2015 (Ex.CW1/7), copy of the proof of keys (Ex.CW1/8), copy of pollution certificate dated 11.07.2014 (Ex.CW1/9), copy of RC (Ex.CW1/10), copy of letter dated 15.01.2015 (Ex.CW1/11), copy of driving license (Ex.CW1/12) and copy of voter ID Card (Ex.CW1/13). 

          In defence, OP have examined Ms. Kavita Jain, Admn. Officer of OP who have also deposed on affidavit.  She has narrated the facts which have been stated in the WS. 

5.       We have heard the complainant and have perused the material placed on record.  From perusal of the evidence on record, it is noticed that the only plea which has been taken by OP in the testimony of Kavita Jain, Admn. Officer, is with regard to non-submission of original RC.  However, from the testimony of the complainant and letter of dated 12.03.2015 which has been given to OP submitting the documents, it is noticed that at point no. 6, it has clearly been mentioned that original vehicle RC is attached.  This letter has been received by OP by putting the signatures as well as seal. 

          The fact that they have given the receipt to the complainant where document original vehicle RC of vehicle no. DL-4C-AE-0144 has been listed, their plea that complainant have not submitted original RC cannot be accepted.  Their plea that they have inadvertently put the signatures on the letter cannot come to their rescue as it is the duty of the insurance company while putting the signature and seal on the letter of the complainant, they should have verified the documents submitted alongwith letter.  Thus, non-releasing the insurance claim of the complainant inspite of having got the documents alongwith original RC amounts to deficiency in service.  This has also caused mental pain and suffering to the complainant.

          In view of the above, we direct the New India Assurance Co. Ltd. (OP) to dispose of the claim of the complainant as per law within a period of 3 months.  They are further directed to pay to the complainant a sum of Rs. 20,000/- towards compensation for mental pain and agony which includes the cost of litigation.

          This amount of compensation may also be paid alongwith the final claim of the complainant.  If the final claim is not disposed off within a period of 3 months, the amount of awarded compensation of Rs. 20,000/- will also carry 9% interest from the date of order till realization. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

            (SUKHDEV SINGH)

                   President