BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 92 of 2013
Date of Institution : 3.4.2013
Date of Decision : 25.07.2016
Anjani Kumar Chandeliya son of Sh.Kanhaiya Lal Chandeliya, r/o House No.408, Gali no.6, Aggarsain Colony, Sirsa, Tehsil and District Sirsa.
….Complainant.
Versus
National Insurance Company, near Sangwan Chowk, Sirsa, tehsil and district Sirsa through its Senior Divisional Manager at Sirsa.
..…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………………PRESIDENT
SHRI RAGHBIR PANGHAL……….……MEMBER.
Present: Sh.Rishi Sharma, Advocate for the complainant.
Sh.K.R.Jindal, Advocate for the opposite parties.
ORDER
Case of complainant, in brief, is that he is the owner of new TATA Safari bearing Temporary No. HR99-GT-Temp-6685, which was duly insured with National Insurance Company i.e. with the opposite party, for the period from 2.8.2011 to 1.9.2012 vide policy No. 25331031116100016410 for the sum Rs.9,05,600/- and he paid a sum of Rs.29,885/- as premium to the Op. The said vehicle was purchased by the complainant after taking loan from State Bank of India, JCD Branch, Sirsa. On 24.8.2011, the said vehicle was stolen by some unknown person. The theft was immediately informed to the police and then FIR no.643 dated 25.8.2011 under Section 379 IPC was registered in concerned police station. The police submitted untraced report of the said vehicle on 5.1.2012. The complainant lodged his claim with the Ops and supplied all the required documents. But, the Op transferred a sum of Rs.8,63,253/- in his loan account with State Bank of India, JCD Branch Sirsa on 7.9.2012. Thus, the Op has caused unnecessary and unwarranted delay in the settlement of claim due to which the complainant has suffered loss of interest. Hence, the present complaint for a direction to the opposite party for payment of interest on the delayed payment besides damages for harassment, humiliation, mental agony etc. and also for litigation expenses.
2. The opposite party has filed its reply by pleading that there was no delay on its part as all the documents were submitted by the complainant on 31.8.2012 and his claim was paid and accepted by the Op as full and final settlement on 6.9.2012, which was received by him without any protest or objection. Rest of the averments have also been denied and prayed for dismissal of complaint.
3. In order to make out his case, the complainant has placed on record Ex.PW1/A-his own supporting affidavit, whereas opposite party has placed on record Ex.R1-statement of account; Ex.R2-copy of FIR; Ex.R3-Sale certificate; Ex.R4-policy schedule; Ex.R5-delivery challan; Ex.R6-Tax Invoice; Ex.R7-Form 22; Ex.R8-accident claim intimation; Ex.R9-Temporary RC; Ex.R10-order dt. 10.5.2012 regarding untraced report; Ex.R11-statement of complainant in the said case; Ex.R12-application regarding acceptance of untraced report; Ex.R13-letter dt.8.2.2012 for submitting the documents; Ex.R14-driving licence; again Ex.R1-affidavit of Sh.Ashok Kamboj, Assistant Manager; Ex.R2-voucher; Ex.R3-letter dt. 31.8.2012 regarding supply of documents; Ex.R4-details required for ECS; Ex.R5-special power of attorney; Ex.R6-letter of Subrogation; Ex.R7-affidavit of complainant; Ex.R8-acceptance of claim; Ex.R9-investigation report.
4. We have gone through the record of the case carefully and have heard learned counsel for both the parties.
5. There is no dispute before us that complainant was the owner of the vehicle in question, which was duly insured with the insurance company, for the period from 2.8.2011 to 1.9.2011 vide policy No. 25331031116100016410 for the sum Rs.9,05,600/- and he paid a sum of Rs.29,885/- as premium to the Op. There is also no dispute before us that the vehicle was stolen on 24.8.2011.
6. In the present case, the claim of the complainant is that the Op has caused unnecessary and unwarranted delay in the settlement of claim as his vehicle was stolen on 24.8.2011, whereas his claim was settled on 6.9.2012 i.e. about one year delay, due to which the complainant has suffered loss of interest, which was given by him in repayment of loan. But, there is nothing on record to prove that there was any delay in payment of claim. The opposite parties have placed on record Ex.R3-letter written by the complainant to the insurance company and Ex.R10-order dt. 10.5.2012 regarding acceptance of untraced report. Bare perusal of said documents itself shows that the untraced report was accepted on 10.5.2012 and, thereafter, all the documents as required by the company were submitted by the complainant on 31.8.2012 and all the formalities were also completed on that date. Thus, we are of the considered view that as soon as the complainant submitted the requisite papers before the insurance company and completed all the formalities, the insurance company settled his claim amount within a week i.e. between 31.8.2012 to 6.9.2012. So, there is no fault on the part of the opposite party. Hence, the said claim of interest on account of delay payment by the complainant is not sustainable.
7. However, during the course of arguments, learned counsel for the complainant argued that his vehicle was insured for Rs.9,05,600/-, whereas only Rs. 8,63,253/- were transferred in his loan account with State Bank of India, JCD Branch Sirsa on 7.9.2012 and thus, he has been given the less payment. In this regard, we have gone through the document Ex.R2 placed on record by the respondent company, which clearly shows that the complainant received the amount of Rs.9,04,600/- in lieu of his vehicle no. temporary HR99-GT-Temp-6685 as full and final payment and after fully satisfied on dated 6.9.2012 he put his signatures on the receipt without any objection. Thus, he is not entitled for any relief.
8. Resultantly, this complaint is hereby dismissed with no order as to costs. File be consigned to record room after due compliance
Announced in open Forum. President,
Dated: Member. District Consumer Disputes
Redressal Forum, Sirsa.
Anjani Kumar Vs. NIC.
Present: Sh.Rishi Sharma, Advocate for the complainant.
Sh.K.R.Jindal, Advocate for the opposite parties.
Arguments heard. Order announced. Vide separate order of even date, complaint has been dismissed with no order as to costs. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated: District Consumer Disputes
Redressal Forum, Sirsa.
Member.
