BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.107 of 2016
Date of Institution : 04.5.2015
Date of Decision : 20.2.2017.
Mayank Golchha aged about 28 years son of Shri Rajender Golchha, resident of Golchha Street, Bhadra Bazar, Sirsa, Tehsil and District Sirsa.
….Complainant.
Versus
1. The Divisional Manager, The New India Assurance Co. Ltd., Office at Near Bus Stand, Sirsa.
2. The New India Assurance Building, 87 M.G. Road, Fort Mumbai- 400001 through its Authorized person.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……….……MEMBER.
Present: Sh. Dheeraj Jain, Advocate for the complainant.
Sh. Kapil Sharma, Advocate for opposite parties.
ORDER
Case of complainant, in brief, is that he is registered owner of a Chevrolet spark car bearing registration No. HR-24S/4383 which was got insured with the ops vide insurance policy No.35370031150100003044 for the period from 19.6.2015 to 18.6.2016. On 8.9.2015, at about 6.30 p.m. Smt. Priyanka Golchha Bhabhi of complainant alongwith minor children were coming from the side of Dera Sacha Sauda towards village Begu side and the car was on the moderate speed. When the above said occupants reached near Vita Milk plant, then a Neel Cow suddenly came on the road and when the Bhabhi of complainant tried to save the collision of the car with cow and applied sudden cut/jerk, then the car struck with the left side of the tree and the car suffered heavy damages. The occupants of the car also suffered the injuries and were shifted to DMC Hospital, Sirsa and then all the injured were taken to Sanjivani Hospital, Sirsa for treatment. The information about this incident was conveyed by complainant to the Police Post Kirti Nagar, Sirsa as well as to the office of op no.1 and the surveyor of op no.1 collected all the relevant documents and papers from the complainant. The Surveyor also submitted/ assessed the loss of Rs.3,65,372/- as the car was badly damaged and rendered as scrap and is non-repairable. It is further averred that car was insured with the ops for an amount of Rs.3,42,000/- and it is not reasonable to spend such a huge amount on the said damaged car, as such the complainant is entitled to claim the sum assured of Rs.3,42,000/- alongwith other benefits from the insurance company. The ops are legally liable for the payment of the sum assured of Rs.3,42,000/- or the estimate of loss amount of Rs.3,65,372/- assissed by their surveyor. It is further averred that complainant is also paying expenses of Rs.250/- per day to the agency namely M/s Padam Motors, Sirsa as parking charges as the vehicle is lying there. The ops have refused to disburse the genuine claim amount to the complainant despite his several visits and requests and issuance of legal notice. Hence, this complaint seeking reliefs as mentioned in the prayer clause of complaint.
2. On notice, ops appeared and filed written statement to the effect that insured-complainant did not submit consent form with his readiness and willingness for the settlement of the claim by company i.e. by getting vehicle repaired. On intimation about incident, Sh. O.P. Madaan, Surveyor and Loss Assessor was appointed who conducted the survey in presence of complainant and asked the complainant to start repair proceedings as the car was repairable but insured has failed to do so. The Surveyor vide his letter dated 15.11.2015, 18.12.2015 and 20.2.2016 advised/ requested the complainant to get the car repaired and produced the bills of repairs alongwith repaired car for re-inspection but insured did not comply with it and has not got repaired the car. Finally on 20.3.2016, the Surveyor has submitted his final report to the company assessing the loss of the car worth Rs.1,66,038/-. It is further submitted that further process can only be taken by the insurance company after receiving and completing the requisite formalities by the insured as well as by the company. Remaining contents of the complaint have also been denied.
3. The complainant has tendered his own affidavit Ex.CW1/A, affidavit of Smt. Priyanka Golcha Ex.CW2/A, legal notice Ex.C1, postal receipts Ex.C2, Ex.C3, copy of estimate Ex.C4, copy of registration certificate Ex.C5, copy of policy schedule cum certificate of insurance Ex.C6, copies of treatment records and bills Ex.C7 to Ex.C17, copy of estimate letter dated 1.10.2016 Ex.C18, copy of driving licence of Smt. Priyanka Ex.C19, copies of estimate Ex.C20 and Ex.C21. On the other hand, ops tendered affidavit Ex.R1, policy schedule Ex.R2, copy of reminder dated 15.11.2015 Ex.R3, copy of second reminder dated 18.12.2015 Ex.R4, copy of third reminder dated 20.2.2016 Ex.R5, copy of motor final survey report Ex.R6, copy of estimate Ex.R7, copy of claim form Ex.R8, reply to legal notice Ex.R9.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. There is no dispute that above said car of the complainant was insured with the opposite parties from 10.6.2015 to 18.6.2016 and the above said car met with an accident on 8.9.2015 i.e. during the period of policy and was damaged. The Surveyor appointed by the ops in his survey report dated 20.3.2016 assessed net loss to the tune of Rs.166038/- but the ops through their surveyor insisting the complainant for getting repair the vehicle through letter and reminders whereas according to the complainant his car was fully damaged in the accident and is not repairable. At the time of arguments, learned counsel for ops also contended that complaint is pre-mature as the ops have not repudiated the claim of the complainant so far and some formalities are to be fulfilled by the complainant and in case the complainant submits his claim form alongwith relevant documents his claim will be settled.
6. Keeping in view the facts and circumstances, we direct the opposite parties to settle the claim of the complainant within a period of forty five days of submission of claim form alongwith required documents by the complainant. The present complaint stands disposed off accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance
Announced in open Forum. President,
Dated:20.2.2017 Member. District Consumer Disputes
Redressal Forum, Sirsa.
