Haryana

Ambala

CC/96/2012

VINOD CHOUDHRY - Complainant(s)

Versus

OIC CO. - Opp.Party(s)

UDAI SINGH

09 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 96 of 2012

                                                          Date of Institution         : 28.03.2012

                                                          Date of decision   :  09.02.2017

          Vinod Chaudhary son of Sh. Dhir Singh R/o 1210/9, Nath Kothi, G.T. Road,   Model Town, Ambala City. Age 30 years.   

……. Complainant.

          The oriental Insurance Co. Lt. through its Branch Manager, Near Vijay   Cinema LIC building, Ambala City.  

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                           

 

Present:       Sh. Udai Singh, counsel for complainant.

                   Ms. Anita  Sharma, counsel for Op.

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is owner of Maruti car bearing Reg. No. HR-01-K-3941 which was insured with the OP vide policy No. 31/2011/0002742 dated 26.07.2010 valid from 28.07.2010 to 27.07.2011 and the complainant assured by the OP to cover his above said vehicle for damages in any accident. Further submitted that the car of the complainant had met with an accident and the complainant intimate the OP and after intimation, OP has deputed the surveyor for assessing the actual loss of the above said insured care and as per the estimate of repairing the car from M/s City Automobiles was assessed more than Rs. 40,000/- and Surveyor of the OP has assessed the loss only Rs. 16522/- of the above said insured car of the complainant and OP had passed the claim of Rs. 16522/- in favour of the complainant with the consent of the complainant but the OP vide letter dated 06.09.2011, had informed the complainant to pass only Rs. 1522/- as claim of the above said car and OP did not passed the claim intentionally with mala-fide intention as per the assessment of the Surveyor of the OP. Hence, the present complaint.

2.                Upon notice, OP appeared and filed written statement submitting that the complainant is not a consumer within the definition of consumer Protection Act 1986 and there is no deficiency in service on the part of the OP, the claimant is misleading this Hon’ble Court by not disclosing this fact that the claimant has already received Rs. 15,000/- from the owner of the offending vehicle against the said accidental loss of his said car. Hence, the net payable compensation amount was arrived at Rs. 1522/- after deducting the said received amount of Rs. 15000/- and it is not out of place to mentioned here that such amount received by any insured from the other party is liable to be deducted under the law otherwise it will amount to double benefit and that is prohibited under law.

3                 To prove his version complainant tendered his affidavit as Annexure CW/1 along with documents as annexure C-1 to C-8 and close his evidence. On the other hand, counsel for the Ops has also tendered affidavit as Annexure R-X alongwith documents as Annexure R-1 to R-5 and close his evidence.

4.                We have heard the parties, there is no disputed that the vehicle in question met in accident, the Surveyor of the OP has assessed the actual loss for the tune of Rs. 16522/-. It is also not disputed that the complainant has received the Rs. 15000/- from the owner of the offending vehicle when above said facts came in the notice of the OP they have deducted the Rs. 15000/- from the assessed amount. In this regard, the complainant has filed the application to the insurance company dated 17.08.2011 alongwith the affidavit in which he stated that he has received the amount of Rs. 15000/- from the owner of offender vehicle as per compromise. We have perused the affidavit which was given to the owner of the offending vehicle that he will not claim any accidental charges from the owner and will not lodged any FIR against the owner of the offending vehicle. It is also mentioned in the affidavit that he will not claim from any person except the amount of claim received from the company qua the present accident. Meaning thereby the complainant has not relinquished his right the claim from the company. In the present case, Surveyor of the OP has assessed the loss of vehicle in question tune of Rs. 16522/- and the OP cannot take the benefit of the compromise because the complainant has not lodged any FIR against the owner of the offending vehicle and in order to avoid the further litigation. Hence, we are of considered view that the Ops has wrongly deducted the amount from the assessed amount Rs. 15000/-. So, the complainant is entitled the amount of Rs. 16552/- assessed by the Surveyor of the OP as per Annexure R-1. It is totally unfair trade practice on the part of Op. Hence, the complaint is allowed with costs and OP is directed to comply with the following direction within thirty days from receipt of copy of the order:-

                                                                (i)            To pay a sum of Rs.16552 /- to the complainant

                                                with simple interest @  9% per annum to till its                                                  realization.

 

                                      (ii)     Also to pay a sum of Rs. 2,000/- on account of                                                   mental harassment & agony alongwith cost of                                                     litigation.

                    Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 09.02.2017                                             Sd/-                                   

                                                                                  (D.N. ARORA)

                                                                                       President

 

                         Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member