Haryana

Bhiwani

CC/41/2019

Malkhan Singh - Complainant(s)

Versus

NIC - Opp.Party(s)

Sanjiv Tanwar

21 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                    Complaint Case No. :  41 of 2019

                                                                     Date of Institution    : 15.02.2019

                                                                     Date of decision:      : 21.08.2024

 

Malkhan Singh son of Sh. Banwari Singh R/o village Saiy, District Bhiwani.

                                                            ...Complainant 

 

                                                    Versus

National Insurance Company Ltd., Circular Road, Ghanta Ghar, Bhiwani, through its Branch Manager.

...Opposite party

 

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms.  Shashi Kiran Panwar, Member.

Present:        Sh. Sanjeev Tanwar, Advocate for complainant.

Sh. Krishan Sharma, Advocate for OP.

 

                                                  ORDER

 

SAROJ BALA BOHRA,  PRESIDING MEMBER.

1.                 Brief facts of this case are that complainant being owner of a motorcycle bearing regn. No. HR16K-4248 got it insured from OP for a period from 07.02.2018 to 06.02.2019. It is submitted that on 03.10.2018, complainant’s son alongwith his sister-in-law was going to Bhiwani, in the meantime, the vehicle met with an accident, FIR No.763 dated 03.10.2018 U/s 279, 304-A, 337 IPC was registered at P.S. Sadar Bhiwani. The vehicle was brought to Jaya Automobile Agency for repairs who made estimate of repairs to the tune of Rs.35,131/- whereas the OP insurance company make themselves liable only for Rs.2000/-. Hence, the present complaint has been preferred by complainant seeking directions against OP to pay Rs.1.00 lac as compensation for harassment and Rs.35,131/- as repairs cost of the vehicle. Any other relief, to which this Commission deems, has also been sought.  

2.                 OP appeared through counsel and filed written statement raising preliminary objections qua maintainability of complaint, cause of action, locus standi and suppression of material facts. On merits, it is submitted that on intimation of accident of the vehicle, Shri R.S. Sharma was deputed  for survey and assessment of the loss to the motorcycle who vide his report dated 09.04.2019 assessed loss to the vehicle of Rs.1240/-. He also point out that IDV of the vehicle is Rs.18,000/- but market value of the vehicle is only Rs.8000/-. However, the complainant was required to submit claim with the OP insurance company alongwith requisite documents sought vide letters dated 31.05.2019 and  21.06.2019 but complainant failed to submit the same, so claim was closed as No Claim vide letter dated 25.08.2019. In the end, denied for any deficiency in serviced and prayed dismissal of the complaint.

3.                 Complainant in evidence, tendered his affidavit Ex.CW1/A alongwith documents Ex. C-1 to Ex.C-4 and closed the evidence on 25.09.2023.

4.                 On the other side, Ld. counsel for OP tendered in evidence affidavit Ex. RW1/A of Sh. Sachin Kumar, Assistant Manager alongwith documents Annexure R-1 to Annexure R-6 and closed the evidence.

5.                 We have heard learned counsel for the parties and perused the record minutely.

6.                 At the outset, we have perused the surveyor’s report (Annexure R-5) wherein total repair estimate of the vehicle has been shown as Rs.35,131/- whereas net loss assessed has been shown as Rs.1240/-.  In such a circumstances, the report of surveyor is not trustworthy.  The surveyor has also reported that market value of the vehicle is not more than Rs.8000/-.  For this purpose, we have perused the insurance policy (Annexure R-6) wherein IDV of the vehicle  has been mentioned as Rs.18,000/-. Thus the OP insurance company cannot deny from this fact that the cost of vehicle during the relevant insurance period was Rs.18,000/- and the cost of repair of the vehicle was more than the IDV thus there was not benefit in repairing of the vehicle. Thus it was incumbent upon the OP insurance company to pay IDV of the vehicle to the complainant.

7.                 After hearing learned counsel for the parties and going through the surveyor’s report and evidence produced on record from both sides, we are of the considered opinion that the claim of complainant has wrongly & arbitrarily been repudiated by the OP insurance company which caused him financial loss as well as mental and physical harassment. Therefore, IDV of the vehicle is allowed in favour of complainant alongwith compensation for harassment etc. Accordingly, the complaint is allowed and OP is directed to comply with the following directions within 40 days from passing of this order:-

(i)       To pay a sum of Rs.18,000/- (Rs. Eighteen thousand) to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint till its realization subject to execution of letter of Subrogation and completing all other formalities qua transfer of vehicle in question in favour of OP Insurance Company by the complainant within 15 days from the date of communication of this order.

(ii)      Also to pay a sum of Rs.5,000/- (Rs. Five thousand) as compensation for harassment.

(iii)     And to pay a sum of Rs.5000/- (Rs. Five thousand) on account of litigation expenses.

                    In case of default, all the awarded amounts shall attract simple interest @ 12% per annum for the period of default.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance.  

Announced.

Dated: 21.08.2024.