Delhi

North West

CC/1447/2014

KALPANA KUMAR - Complainant(s)

Versus

NIC - Opp.Party(s)

05 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 1447/2014

D.No._______________________                            Dated: _________________

IN THE MATTER OF:

 

Smt. KALPANA KUMAR W/o SH. SUSHIL KUMAR,

R/o J-93, PHASE-I,

ASHOK VIHAR, DELHI-110052.        … COMPLAINANT

 

 

Versus

 

NATIONAL INSURANCE CO. LTD.,

(THROUGH ITS BRANCH MANAGER),

CENTRAL MARKET, PUNJABI BAGH (WEST),

DELHI-110026.                                                          … OPPOSITE PARTY

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

                                                            Date of Institution: 28.11.2014

Date of decision: 05.02.2018

 

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OPunder Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a second Hand Car, Skoda, bearing registration no. DL-8C-NA-1729 and after purchase of the car, the registration certificate was transferred in the name of the complainant on 24.04.2008. The complainant further alleged that after purchase the car, the agent of OP came to the premises of the complainant and took the photographs and filled the

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          application/documents and insured the car and the latest insurance policy number with OP is 361000/31/13/6100000279 and the policy period was from 16.04.2013 to 15.04.2014 and the IDV of the car is Rs.2,50,007/-. On 07.04.2014, the car was completely burnt near Bentex Community Hall, Naraina Road, Delhi while driving the car, due to short-circuit and the complainant immediately informed the police department, Fire-Brigade and OP. The complainant further alleged that the police department and Delhi Fire Service gave the report also and after the mis-happening, the complainant approached OP for claim of the total loss of the car and the complainant approached OP several times but there is no response given by OP and the OP is guilty of unfair trade practice and deficiency n service.  

2.       On these allegations the complainant has filed the complaint praying for direction to OP to release the genuine claim of the burnt car alongwith interest for delay as well as compensation of Rs.2,00,000/- for causing mental torture and harassmentand also sought cost of litigation.

3.       OP has been contesting the complaint and has filed written statement and submitted that there is no deficiency in service and the complaint is liable to be dismissed. OP further submitted that as per the investigation got conducted by OP through Zeal Investigation Agency and surveyor Sh. Ajay Girdhar, the impugned

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          vehicle no. DL-8C-NA-1729 was found being run at the time of accident with unauthorized use of CNG in absence of permission from the transport authority and in the absence of coverage under the subject Insurance Policy. OP further submitted that it is the duty of the owner of the vehicle to get necessary endorsement in the registration certificate of the vehicle as per the provisions of the Motor Vehicle Act/Rules and in absence  of same he is not entitled for any relief and the impugned loss due to fire was directly related with the unauthorized/illegal use of CNG without permission from the transport authority and OP is not liable to pay any amount towards the claim of the complainant as per terms & conditions of OP and there is no deficiency in service on its part.

4.       In order to prove her case the complainant filed her affidavit in evidence and has also filed written arguments. The complainant also placed on record copy of registration certificate, copy of insurance policy no. 361000/31/13/6100000279 for the period from 16.04.2013 to 15.04.2014, copy of complaint/report dated 07.04.2014 lodged by the complainant to police and copy of Delhi Fire Service report dated 08.05.2014.

5.       On the other hand, Sh. Chander Shekhar, Senior Officer of OP filed his affidavit in evidence. OP also filed copy of insurance policy for the period from 16.04.2013 to 15.04.2014, copy of investigation report dated 07.07.2014 through Zeal Investigation Agency, copies

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          of photographs of the car and copy of letter dated 07.09.2014 of Sh. Ajay Girdhar, Surveyor & Loss Assessor giving his opinion to OP. OP also filed written submissions.

6.       This forum has considered the case of the complainant as well as OP in the light of evidence and documents placed on record by the complainant. The documents and evidence of the parties shows that the complainant’s car was burnt on 07.04.2014. The Fire Department in its report dated 08.05.2014 has stated that information/call of fire was received on 07.04.2014 at 9:30 a.m. The report further shows that approx. distance was 3 KMs and the fire engine officers alongwith fire tender arrived at the scene of the fire at 9:40 a.m. and they left the fire scene at 10:30 a.m. In the said report, it is not mentioned that CNG Kit was installed/affixed in the car. No dispute can be attributed to this report. The surveyor appointed by the OP have given only presumption of affixation of CNG Kit in the car. The surveyor have not categorically mentioned in the report that the fire in the car was caused due to CNG Kit. They have not categorically stated in the report that CNG Kit was found installed in the car. Merely on the basis of assumption it cannot be said that fire in the car has occurred due to CNG Kit. Thus, it seems that OP has wrongfully repudiated the claim. Thus, OP is held guilty of deficiency in service.

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7.       Thus, holding guilty for the same, we direct the OP to:

1.  

ii) To pay to the complainant an amount of Rs.40,000/- as compensation for harassment andmental agony suffered.

3.  

 

 

8.      The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall beliable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

9.     Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 5^th day of February, 2018.

 

 

 

BARIQ AHMED                         USHA KHANNA                         M.K. GUPTA

   (MEMBER)                               (MEMBER)                         (PRESIDENT)

 

 

 

 

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