Haryana

Ambala

CC/208/2017

Ruhban Hussain - Complainant(s)

Versus

NIA - Opp.Party(s)

S.K. Mehandiratta

25 Sep 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 208 of 2017.

                                                          Date of Institution         : 16.06.2017.

                                                          Date of decision   : 25.09.2018.

 

Ruhban Hussain s/o Sh.Zaffar Hussain c/o E-Max Group of Institution VPO Gola, Mullana Tehsil Barara District Ambala.

……. Complainant.

                                      Versus

 

1. The New India Assurance Co.Ltd. 87 MG Road, Fort, Mumbai-400001, through its authoirsed signatory.

2.The Manager, New India Assurance Co.Ltd. Gagan Building,G.T.Road, Karnal (Haryana) 132001.

3.Mr.Pankaj Kalia, Agency Holder, New India Assurance Co.Ltd. Agency at Pearl Ford, Village Tepla, Ambala-Jagadhari Road, Ambala.

 

...…. Opposite parties.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH.PUSHPENDER KUMAR, MEMBER 

                   DR.SUSHMA GARG, MEMBER             

 

Present:       Sh.S.K.Mehndiratta, counsel for complainant.

                   Sh.S.C.Jaiswal, counsel for OP Nos. 1 & 2.       

                   OP No.3 exparte.

 

ORDER

                   The complainant has filed the present complaint with the averments that he is registered owner of vehicle Ford bearing registration No.HR54-D-9994 duly insured with OP vide policy No.35360131160300004291  having validity from 19.08.2016 to 18.08.2017. On 14.10.2016, the driver Addil Rasool Wani  had parked the vehicle in front of hotel near E-Max college  then unfortunately said vehicle was hit by some unknown vehicle  and in this incident the vehicle got damage and Sheikh Babar who was sitting on the back seat also sustained minor injuries. The complainant immediately reported the matter to OPs and on their asking got the same repaired from authorized centre i.e. Pearl Ford village Tepla vide bill No.925 dated 20.11.2016 which was handedover to the surveyor of the OPs.  The complainant also provided the requisite information and documents to the surveyor.  The complainant waited for settlement of claim and when no heed was paid by the OPs then he made the payment of Rs.2,43,000/- to the service centre being repair / service cost but the OPs wrongly and illegally repudiated the claim of the complainant vide letter dated 16.12.2016 on the ground that the vehicle was driven by some person whereas the matter was reported by another person. Legal notice was also served upon the OPs but to no avail. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavits Annexure CA, Annexure CB and documents Annexure C1 to Annexure C19.

2.                          On notice OPs appeared and filed their joint reply wherein it has been submitted that the complainant has taken a contradictory stand that his vehicle was parked in front of hotel near E-Max College and was hit by some unknown vehicle. The complainant at the time of claim intimation asserted that he himself was driver on the car in question but lateron he changed his version and asserted that the vehicle in question was being driven by Aadil. The complainant himself has suppressed the material facts from the OPs. No police report about the accident and injury suffered by Sheikh Babbar in the alleged accident. The complainant has filed the present complaint by wriggling out the facts and no assurance for releasing of claim was ever given to him.  The claim of the complainant was rightly repudiated and the reply to the notice has also been sent to the complainant. Other allegations made in the complaint have been controverted and prayer for dismissal of the complaint has been made. None had turned up on behalf of the OP No.3, therefore, it was proceeded against exparte vide order dated 16.08.2017. In evidence, the OPs have tendered affidavits Annexure RA, Annexure RB and documents Annexure R1 and Annexure R2.

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

4.                 It is not disputed complainant has insured his vehicle make Ford India bearing registration No.HR54-D-9994 vide policy No.35360131160300004291  having validity from 19.08.2016 to 18.08.2017. It is not disputed that vehicle in question met with an accident on 14.10.2016 and the same was driving by driver Aadil Rasool Vani s/o Gulam Rasool Vani. Case of the complainant is that after accident he got his vehicle repaired from his authorized service centre of Pearl Ford, Ambala and surveyor was duly appointed and service centre has issued the estimate but the OPs have not given any damages charges to the service despite of surveyor has assessed the loss to the tune of Rs.2,31,102/-. The complainant has paid the amount of Rs.2,43,000/- on 16.03.2017 to the service centre vide Annexure C5 and complainant had received the delivery of vehicle vide Annexure C4. The insurance company has declined the surveyor amount on the ground that the complainant had taken the contrary stand that his vehicle was parked in front of hotel near E-max and was hit by some unknown person and he further intimated to the insurance company that he himself was driving the car but lateron he changed his version and asserted that vehicle in question was being driven by Aadil in this way the complainant has suppressed the facts from the OPs.

                             To decide the above said version of the OPs this Forum has put queries to the OPs where the investigation report of the surveyor but there is no surveyor or enquiry report on the file and same has been placed on file by the counsel for the OPs. We have perused the statement recorded by the investigator. Aadil Rasool Wani and as well as the statement of complainant. There is no material contradiction in the statement of both the persons i.e. driver and the owner of the vehicle in question. Aadil Rasool Wani has made a statement that I was driving the vehicle at the time of accident and narrated the incident and similarly the complainant also given specific statement to surveyor that the car in question was being driven by driver Aadil and narrated the similar incident. Both these statements were got recorded to the investigator during the process of the claim on 03.11.2016 on 01.12.2016 respectively.

                   The surveyor in his report has neither denied the accident nor disputed the damage of the vehicle and even he has also not questioned about the repairing of the vehicle and he assessed the loss to the tune of Rs.2,31,102/- keeping in view the documents submitted by complainant. It is strange that on one hand the surveyor appointed by the OPs has assessed the loss and on the other hand the OPs instead of settling the genuine claim of the complainant has denied the same on immaterial grounds which has been got rebutted very well by the complainant and Aadil in their separate statements recorded before the surveyor during the proceedings of investigation. It is a settled law that the surveyor is a best person and his report cannot be brushed aside brushed aside unless there is cogent and convincing evidence. In the instant case also, no credible evidence has been produced on the basis of which Surveyor’s report could be dis-believed. Hence, we allowed the present complaint with costs which is assessed at Rs.5,000/- to be paid by Ops. The OPs are further directed to comply with the following direction within thirty days of the receipt of copy of the order:-

1. To pay a sum of Rs.2,31,102/- (as assessed by the surveyor to the complainant alongwith with simple interest @ 9% per annum from the date of filing of complaint till actual realization.

 

Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 25.09.2018                                                                                                                         

 

(PUSHPENDER KUMAR)    (SUSHMA GARG)    (D.N.ARORA)

          Member                        Member                        President