Delhi

East Delhi

CC/865/2014

SAVITRI - Complainant(s)

Versus

NEW INDIA ASS. - Opp.Party(s)

20 Mar 2018

ORDER

            DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT of Delhi

              CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092  

 

                                                                                                   Consumer complaint no.       865/2014

                                                                                                   Date of Institution               16/09/2014

                                                                                                   Order reserved on               20/03/2018        

                                                                                                   Date of Order                        26/03/2018                                                                                     

 

In matter of

Mrs  Savitri Devi, adult   

w/o Sh Tej Singh Pawar 

R/o- 92, Block -  ACDF

Ber Sarai village, New Delhi. ….…………….……………...…………….Complainant

                             

                                      Vs

 

M/s Manager,

The New India Assurance Co. Ltd. 

DO- 310400, E-9, IInd Floor Connaught Place,   

Connaught Place, New Delhi 110001.…….…………..….…………..Opponent

 

Quorum   Sh Sukhdev  Singh       President

                  Dr P N Tiwari                 Member

                  Mrs Harpreet Kaur      Member                                                                                              

 

Order by Dr P N Tiwari  Member  

Brief Facts of the case                                                                                                

Complainant had a Maruti Esteem Car vide registration no. DL9CD9780 and had valid vehicle insurance from OP from 27/09/2012 to 26/09/2013 vide policy no. 3104003/11/20100001845 (Anne. A&B) having IDV 1,40,000/-.

Complainant stated that the said car met with an accident on 16/01/2013 at GT Karnal Road, Delhi and was intimated to Police at PS Ali Pur vide DD no. 43B on 16/01/2013 and the owner /complainant had a valid driving licence also  (Anne. C &D).

It was stated that intimation was given to OP on 17/01/2013 by the husband of the complainant (Anne. E). Thereafter OP appointed surveyor who after inspecting the vehicle and submitted report as Vehicle could not be repaired as total loss.

Complainant had taken her car to J V Automobiles for repair and submitted an estimate repair bill to OP, it was neither passed or rejected even after OP registered claim (no. 4569), amount as not paid (Anne. F) whereas workshop was demanding Rs 100/-per day as space occupying charges.      

Complainant visited number of time to OP office for clearing the charges, but in more than one year had passed, did not receive any reply from OP despite giving written note (Anne. G).  Seeing deficiency in services of OP, filed this complaint and claimed IDV with 24% from the date of filing claim with Rs one lac compensation for harassment and Rs 50,000/- as litigation cost.

 

Notice was served. OP submitted written statement denying all the allegations of deficiency as wrong and incorrect. It was accepted that complainant had valid insurance for the said vehicle for the year 2012 to 2013 where loss was reported. It was also admitted that a surveyor was appointed on the intimation received from complainant who submitted loss of Rs 55000/- with the note that the cause of loss was not clear.  

OP had intimated to submit the required documents as valid driving licence of the owner and the person driving the car at the time of accident, but complainant had failed to submit the same despite of repeated reminders so her claim was put as “NO Claim”. It was also stated that OP were ready to settle the claim for the assessed loss value by the surveyor if complainant fulfill the requirement of claim documents. OP also submitted their terms and condition of the said policy under which vehicle was registered had no delay or deficiency in their services, so the complaint may be dismissed. 

 

Complainant filed her rejoinder denying all the reply submitted by the OP and said that her all the contents were true and correct. She had also submitted evidence on affidavit and affirmed herself on oath that all the facts and evidence submitted were correct and true.

OP had also filed their evidence on affidavit through Mr R K Jain, Div. Manager who stated that their rejection was based on the terms and condition of the policy which clearly showed the violation of policy conditions though it was admitted that their policy was in force and complainant’s vehicle had met an accident, but non submission of required documents for claim process, the claim was put as NO Claim. 

Arguments were heard from both the party counsels and order was reserved.

 

After going through all the facts and evidences on record, it was observed that No Claim was put due to non compliance of requirement by OP though photocopy of driving licence of the owner and driver (her son) was on case file. It was also seen that OP had admitted their liability to pay the loss amount as per surveyor’s report which was justified. Putting No Claim under terms and conditions of the policy was just and proper.

Hence, we are of the opinion that this complaint deserves directions to the complainant as –

1. The complainant is directed to approach OP and fulfill the requirement of claim documents as per surveyor’s report within 30 days of receiving this order.
2. OP is directed to facilitate the claim process in stipulated time.
3. There shall be order to cost.

The copy of this order be sent to the parties as per the regulation 18 of the Consumer Protection Regulations,2005 (in short the CPR) and file be consigned to the Record Room under regulation 20(1) of the CPR.

 

(Dr) P N Tiwari  Member                                                                         Mrs  Harpreet Kaur  Member                                                                                                                         

                                      

                                                  Shri  Sukhdev Singh  President