Haryana

Charkhi Dadri

CC/262/2021

Baljeet - Complainant(s)

Versus

New India Insurance Company Ltd - Opp.Party(s)

Dinesh Bhardwaj

04 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.      

 

                                                Consumer Complaint No.  262 of 2021

                                                Date of Institution:            11.01.2021

                                                Date of order:                     04.11.2024

 

Baljeet son of Shri Rati Ram, resident of village Sirsali, Tehsil Badhra, District Charkhi Dadri.

…..Complainant.

                                                VERSUS

1. New India Assurance Company Limited, Branch office Charkhi Dadri through its Branch Manager.
2. New India Assurance Company Limited, branch office Bhiwani, opposite Civil Hospital, Railway Road, Bhiwani, Tehsil & District Bhiwani through its Branch Manager.

                                                                             …..Opposite parties.

 

          COMPLAINT UNDER THE CONSUMER PROTECTION ACT

 

Before-        Hon’ble Shri Manjit Singh Naryal, President.

Hon’ble Shri Dharam Pal Rauhilla, Member.

 

Present:       Shri Dinesh Bhardwaj, Advocate for complainant.

Shri Vinod Kumar Chahar, Advocate for the OPs.

 

ORDER

                   Brief facts of the case are that the complainant is owner of Alto Car No. HR-88-4461, which was insured with the OPs vide policy No. 98000031190908501652 valid from 23.11.2019 to 22.11.2020 with IDV Rs.3,28,106/-.  It is averred that on 30.6.2020 the insured vehicle was met with an accident and a FIR No. 429 dated 30.6.2020 under Section 279, 337, 304A IPC was lodged by Police Station Sadar, Hisar.  It is further averred that as per Motor Mechanic H. C. Abhay Singh No. 289, the insured car was fully damaged in the accident.  It is further averred that the information about the accident was given to the OPs at that time and the OPs have given claim No. 98000031200390004658.  It is further averred that the car was released on superdari on 11.8.2020 and after that the papers of Car were deposited with the OPs.  It is further averred that the OPs have told to get repair the vehicle and to deposit the bill and they assured that thereafter the payment would be made to him.  It is further averred that complainant had deposited the bill of Rs. 3,52,466/- to the OPs after repair of the car, but OPs did not pay any attention to his claim.  It is further averred that a legal notice was also served upon the OPs through Shri Dinesh Bhardwaj, Advocate Bhiwani, but to no effect.  It is further averred that the OPs vide their letter dated 1.4.2021 has repudiated the claim on the ground that the driver of the car was driving the vehicle in rash & negligent manner.  Hence, it amounts to deficiency in service on the part of OPs.  Hence, the present complaint.

2.                On appearance, the OPs had filed written statement stating therein that after delayed intimation, Shri S. K. Aggarwal, Surveyor and Loss Assessor, an independent person was deputed to survey the vehicle, who vide his report dated 1.3.2021 found the loss to the vehicle of Rs.  98,691/-.  It is averred that the above amount was not found payable because of violation of policy as well as failure of complainant in providing the requisite documents.  It is further averred that the act of the driver of insured vehicle Mr. Sombir son of Shri Rattan Singh was against the mandatory provisions of Section 183 and 184 of MV Act, 1988.  It is further averred that the insured intimated the insurance company regarding the loss on 24.8.2020 after a delay of 54 days, which is violation of condition No. 1 of the policy.  It is further averred that the damage of the insured vehicle was a consequential loss arising out of rash and negligent driving of the vehicle in contravention of policy terms and conditions.  It is further averred that the insurance company is not liable to indemnify the insured and the claim was repudiated vide letter dated 1.4.2021 due to violation of terms and conditions of the policy.  Hence, there is no deficiency in service on the part of answering OPs and prayed for dismissal of complaint with costs. 

3.                Both the parties in support of their respective averments tendered in documentary evidence alongwith their respective affidavits and adduced certain documents.  Reference of relevant record shall be given in this order. 

4.                 We have heard the counsel for the parties and have gone through the case file thoroughly and after hearing the rival contentions of the parties, we are of the convinced view that the present complaint has merit and the same deserves acceptance for the reasons mentioned hereinafter.

5.                The complainant has fully proved his case by placing on record certain documents.  It is admitted fact that the Alto Car No. HR-88-4461 was insured with the OPs.  It is also admitted fact that the vehicle in question was met with an accident 30.6.2020 and damaged in that accident.  The OPs have repudiated the claim of the complainant vide letter dated 1.4.2021 on the ground of rash & negligent driving by the driver of insured vehicle and 54 days delay in intimation about the accident.  The above plea taken by the OPs are not tenable at all.  The insured vehicle i.e. Alto Car No. HR88-4461 was met with an accident with a pickup on 30.6.2020, wherein driver/owner (viz – Rohtash) of the pickup died.  The FIR was lodged on the same day by the employee of the firm run by the deceased Rohtash, alleging therein rash & negligent driving by the driver of the Alto Car, which has not been proved in the court of law so far.  On filing the claim for Rs.3,52,466/- on 24.8.2020, the OPs deputed its approved surveyor & loss assessor, Mr. SK Aggarwal, who submitted his report dated 1.3.2021 (Ex. R1), assessing the loss to the insured vehicle for Rs. 98,691/-.  The OPs vide its letter dated 1.4.2021 (Ex. R5) repudiated the claim on the ground of 54 days delay in intimation to OPs and violation of terms & conditions of the policy.  The complainant vide his letter dated 24.8.2020 (Ex. R9) explained the reason for delay in intimation that after the accident took place on 30.6.2020, the vehicle was released on superdari on 11.8.2020 and thereafter, vehicle was handed over to Mohini Automobile Agency, Tosham for repair and all necessary documents were given to them on 12.8.2020.  The said Agency had given estimate for repairing amounting to Rs. 3,52,465.85/- and based upon the same, the complainant had filed claim with the OPs for Rs. 3,52,466/-.  Prima-facie, it appears that there was reasonable delay on the part of complainant, as claim without any supporting document could be rejected by the OPs.  Hence, the grounds taken by the OPs for repudiation of the claim are not tenable.  As regards, the quantum of admission of the claim, the complainant has not submitted any tax invoice for repairing of the vehicle.  He has only submitted estimate for Rs. 3,52,465.85/-.  On the other hand, the OPs have obtained surveyor report dated 1.3.2021 from SK Aggarwal, Surveyor & Loss Assessor, engaged/deputed by them, who assessed the loss at Rs. 98,691/-.  We may rely upon the said Survey Report.

6.                In the light of above mentioned facts and circumstances, the complaint is partly allowed with following directions: -

i)        To Pay Rs. 98,691/- alongwith interest @9% per annum from the date of repudiation of claim i.e. 1.4.2021 till its realization.

(ii)      To Pay Rs. 5000/- (Rupees five thousand only) as compensation on account of mental agony, physical harassment & hardship caused to the complainant.

iii)      The Pay Rs. 5000/- (Rupees five thousand only) as counsel fee as well as the litigation charges.

7.                The OPs shall make the compliance of the order within 45 days from the date of receipt of copy of this order.  Non compliance of this order on the part of OP No. 1 & 2 will lead to action in terms of Section 71 and 72 of the Consumer Protection Act, 2019.  The copy of order be supplied to the parties free of cost as per rules.  Order be promptly uploaded on the website. File be consigned to the record room, after due compliance.