Delhi

East Delhi

CC/200/2014

RAN SINGH - Complainant(s)

Versus

O.I.C - Opp.Party(s)

13 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.200/14

Sh. RAN SINGH

S/O SH. CHOTU RAM

R/O H.NO. B-277, SECOND FLOOR,

PHASE-1, B BLOCK, VIVEK VIHAR

1.  

&

PROPRIETOR OF BHARAT TRAILER SYNDICATE

ADD. OFF 339, 3^RD FLOOR, APSARA CINEMA COMPLEX,

DELHI –U.P. BORDER,

CHIKAMBAR PUR, GHAZIABAD 201006

•  
•  

 

1. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD.,

REGD. OFFICE ORIENTAL HOUSE A-25/27,

ASHAF ALI ROAD, NEW DELHI-2

REGIONAL OFF-103, FIRST FLOOR, CORE-1, SCOPE MINAR,

DISTRICT CENTRE LAXMI NAGAR DELHI-92.

 

2. ORIENTAL INSURANCE REGIONAL OFFICE:- HANSALAY BUILDING,
10.  

 

3. ISSUING OFFICE:- THE ORIENTAL INSURANCE COMPANY LTD,

M.Sh. K. NO.3, 1576, CHURCH ROAD, KASHMIRI GATE DELHI-06.

 

4. THE ORIENTAL INSURANCE COMPANY LIMITED

SERVICE CENTRE (DRO-2) 4E/14,

AZAD BHAWAN JHANDEWALAN EXTEN. DELHI-55.

                                                                                                                          ….Opponents

 

Date of Institution: 24.02.2014

Judgment Reserved for: 13.07.2018

Judgment Passed on: 26.07.2018

 

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. The present complaint has been filed by Shri Ran Singh against, “The Manager, Oriental Insurance Company Ltd., (OP-1), Oriental Insurance Regional Office (OP-2), The Oriental Insurance Company, M.Sh.K. No.3 (OP-3), and The Oriental Insurance Company Ltd., Service Centre (OP-4) with the allegations of deficiency in services.
2. The facts of the present complaint are that the complainant being the owner of vehicle bearing no. HR-38-M8733, Engine No. 138115, Chassis No. 114521 got it insured with OP for a period from 02.04.2013 to 01.04.2014 with IDV of Rs.7,00,000/-. On 25.02.2013, the said insured vehicle met with an accident for which OP was duly informed. It is stated that the insured vehicle was hit by some other vehicle while it was parked on the road side. The insured vehicle was taken to Jatin Body Repairing Work Shop, under the supervision of the officers of the OP, the total repair expenses were Rs.3,32,600/-. The complainant has stated that all the relevant documents had been supplied to the OP alongwith driving license of the driver, namely Shri Hari Kishan, bearing Driving license                                No. D/L-ET-714/MTR/05 thereafter, the complainant was directed by OP to get the same verified. Legal notice dated 25.10.2014 was sent to OP to process the claim, reply to which was received by complainant on 12.02.2014. Aggrieved by non settlement of claim the present complaint seeking directions to OP to allow the claim of Rs.3,32,600/-, compensation of mental agony and harassment Rs.30,000/-, litigation expenses of Rs.5,500/- and Rs.10,000/- for loss of business/work.

The complainant has annexed the copy of the policy for period 02.04.2013 to 01.04.2014, copy of Driving License of Shri Hari Kishan, repair expenses, legal notice dated 21.01.2014 alongwith postal receipt and tracking report pertaining to the service to legal notice and letter issued by OP dated 09.02.2014 with the complaint.

3.  Reply was filed upon the service of summon of the present complaint. Several pleas were taken by OP in their defense such as the license of the driver Shri Hari Kishan had been sent for verification with the concerned RTO and the report submitted by surveyor stated that record of the said Driving License was not available with the concerned RTO i.e. Mathura, for which the complainant was requested to get the same verified in order to settle the claim. It was submitted that as per the surveyor the repair charges were assessed to be of Rs. 61,779/- less salvage value of Rs.2,500/- which came to be to 59,279/-. It was further submitted that complainant had not replied to their letter seeking verification of Driving License, thus, the claim could not be settled. Rest of the contents of the complaint were denied.  
4. Evidence by way of affidavit was filed by complainant who got himself examined where he has deposed on oath the facts of the complaint and he has also filed supplemental affidavit impleading new facts that he had informed Police Station, Sahibabad, Ghaziabad by calling PCR.

OP got examined Shri R.S. Kalra Sr. Divisional Manager, who also deposed the contents of their reply and has got exhibited the copy of the driver license verification report as Ex. RW1/1, copy of the surveyor report as Ex. RW1/2. Both the parties were directed to file copy of FIR, inspection made by the police, the technical report of the damaged vehicle, the claim form submitted by the complainant and complete surveyor report with annexures vide order dated 20.07.2015. In compliance OP filed surveyor report alongwith documents, claim form, Photographs estimate and Driving License.

5. We have perused the material placed on record and have heard the arguments on behalf of Ld. Counsel for the complainant. The complainant is aggrieved for non processing of his claim by OP, on the other hand, the OP has sought the clarification from the complainant with regard to the driving license of the driver, if we look at         Ex. RW1/1 which is the letter dated 2.12.2014 issued by investigator wherein the license  possessed by Shri Hari Kishan is stated to be fake, the complainant in his complaint has stated that his vehicle was hit by dumper while it was parked at road side, and as per his statement given in the claim form where he was stated that vehicle collided with the dumper as the brakes were suddenly applied by dumper moving ahead. The complainant was given opportunity by OP to verify the Driving License from concerned authorities which he failed to exercise. As complainant himself has failed to verify authenticity of Driving License, he cannot allege the deficiency on the part of OP. Hence, the present complaint is disposed of with directions to the complainant to supply OP with the required documents and thereafter the OP shall process the claim within three months.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                              MEMBER

 

 

                                                 (SUKHDEV SINGH)

                                                     PRESIDENT