DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 32 of 2.2.2017
Decided on: 23.2.2018
Raj Kumar son of Sh.Udhey Bhan, resident of Ward No.14, Cheeka, Tehsil Ghula, District Patiala.
…………...Complainant
Versus
National Insurance Co. Ltd. branch office: Near Truck Union, Ghagga Road, Samana, District Patiala through its Manager.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Vikas Mittal,Advocate, counsel for the complainant.
Sh.Alok Mathur,Advocate, counsel for Opposite party.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Raj Kumar, complainant, has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.)
2. In brief, the case of the complainant is that he is the owner of vehicle make Tata 2515 25.0 LPT bearing registration No.HR-64-4597. He got the said vehicle insured with the OP for the period from 21.1.2015 to 20.1.2016 vide policy No.401408/31/14/6300001913 with the IDV of Rs.9,45,000/-. It is stated that in the intervening night of 4/5.2.2015, the said vehicle of the complainant met with an accident with a bus near village Draula, P.S.Draula, District Meerut (UP). In the said accident the vehicle in question was badly damaged. Fir No.76/2015, U/s 279, 338, 304A IPC was registered with P.S.Draula District Meerut. The intimation of the said accident was also given to the OP immediately who appointed Sh.Chander Shekhar, surveyor and loss assessor & valuer. The said surveyor inspected the spot and obtained signatures of the complainant on a form and asked the complainant to get his vehicle repaired on the assurance that the insurance company would disburse the amount spent on the repair of the vehicle. Accordingly the complainant got his vehicle repaired and submitted the bills/estimates to the tune of Rs.3,39,250/- but no payment was made by the insurance company to the complainant. He also got served a legal notices dated 30.12.2015 and 11.3.2016 upon the OP but all in vain. Thereafter the complainant approached and requested the OP for the payment of the claimed amount but till date no amount was disbursed to him. There is thus deficiency of service on the part of the OP which caused mental agony and physical harassment to the complainant. Hence this complaint with a prayer for giving a direction to the OP to release the amount of Rs.3,39,250/- alongwith interest @ 18% per annum from the date of accident till realization; to pay Rs.one lac as compensation for causing mental agony and physical harassment to the complainant; to pay Rs.22000/- as litigation expenses to the complainant. Any other relief which this Forum may deem fit may also be granted .
3. On being put to notice, the OP appeared and filed the written version taking preliminary objection that the complaint is not maintainable as the complainant has failed to supply the required documents. On merits, it is admitted that vehicle No.HR-64-4597, bearing engine No.828708, chassis No.00942 was insured with the OP in the name of the complainant for the period from 21.1.2015 to 20.1.2016. It is stated that FIR No.76/2015 lodged by relative of deceased is silent about name of truck driver and relationship of the deceased with the insured. It is admitted that Sh.Chander Shekhar, Surveyor , Loss assessor, Investigator and valuer was appointed to survey and assess the loss of the vehicle in question who submitted his report. It is stated that the complainant has not supplied the required documents/information inspite of sending registered letters dated 4.12.2015, 4.3.2016, 19.5.2016 and 6.6.2016.
4 On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.C A affidavit of the complainant alongwith documents Exs.C1 to C14 and closed the evidence.
The ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Sh.Chander Shekhar, surveyor, Ex.OPB affidavit of Sh.R.K.Sharma, Investigator, Ex.OPC affidavit of Sh.Narinder Manchanda,Ex.OPD affidavit of Sh.Rajeev Arora, surveyor alongwith documents Exs.OP1 to OP17 and closed the evidence.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for the OP and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has submitted that inspite of the fact that the complainant had supplied all the required documents to the OP for settlement of his claim but it did not settle the claim till yet, which amounted to deficiency in service on the part of the OP. On the contrary, the ld. counsel for the OP has submitted that the complainant did not supply the required documents inspite of sending him various registered letters. The last, reminder was sent to the complainant on 6.6.2016, whereby he was requested to supply the documents with regard to the medical treatment and also to supply the record of employment of driver and cleaner etc. failing which his case would be closed but nothing was done by him and now he cannot blame the insurance company for his own fault.
7. It is an admitted fact that the vehicle in question was duly insured with the OP for the period from 21.1.2015 to 20.1.2016 vide policy Ex.C1. Even it is also not disputed that the vehicle in question had met with an accident on the intervening night of 4/5.2.2015 i.e. during the subsistence of the said policy and an FIR dated 5.2.2015 Ex.C2 was duly lodged regarding the said accident. From the perusal of the letters Exs.OP5 to OP7 & Exs.OP10 to OP14, written by the insurance company to the complainant, it is evident that the OP had asked the complainant to disclose the names of the driver and the cleaner and also to provide documents regarding medical treatment taken by them from the concerned hospital. It is not out of place to mention here that in the photocopies of the reports dated 18.2.2015 Ex.OP1 and 29.4.2015 Ex.OP2 furnished by the surveyor/loss assessor /investigator/valuer, the name of the driver has been mentioned as Mehtab s/o of Sageer Ahmed. Here it is worth mentioning that the copy of the extract of driving licence of the driver has also been annexed alongwith the Investigator report dated 12.11.2016, Ex.OP4. In the present case, the insurance company has appointed a surveyor & Investigator to investigate the matter. It could have easily instructed the said surveyor or Investigator to collect the relevant medical treatment record from the concerned hospital. As such, we are of the view that the reasons given by the insurance company to not to settle the claim are not plausible and thus we hold that the OP is deficient in providing services to the complainant and are liable to indemnify the complainant for the loss suffered by him.
Now the question which arises for consideration is that what should be the quantum of indemnification .
The complainant has claimed an amount of Rs.3,39,200/-. However, the surveyor has assessed the loss to the tune of Rs.1,42,000/- as is evident from the report dated 29.4.2015, Ex.OP2. The said report is detailed and well explained and it being an important document cannot be brushed aside without any compelling evidence to the contrary. Even otherwise also in the consent letter, the complainant had agreed to accept the said amount as full and final settlement of the claim.
8. In view of the aforesaid discussion, we partly allow the complaint and direct the OP in the following manner:
- To pay Rs.1,42,000/- as assessed by the surveyor, alongwith interest @ 7% per annum from the date of filing of the complaint i.e. 2.2.2017 till realization;
- To pay Rs.5000/- as compensation for causing mental agony and physical harassment to the complainant;
- To pay Rs.5000/-as cost of litigation expenses.
The OP is further directed to comply the aforesaid directions within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:-23.2.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
