Haryana

Yamunanagar

CC/192/2011

Dr. C.K.Aggarwal S/o Shyam Lal - Complainant(s)

Versus

OIC Co.Ltd. - Opp.Party(s)

Tarun Rohilla

30 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                    Complaint No. 192 of 2011

                                                                                    Date of institution: 08.03.2011

                                                                                    Date of decision: 30.08.2016.

Dr. C.K.Aggarwal aged about 52 years son of Sh. Shyam Lal Aggarwal, Resident of House No.4Dr. C.K.Aggarwal aged about 52 years son of Sh. Shyam Lal Aggarwal, Resident of House No.4, Opp. N.G. Mall, Professor Colony, Yamuna Nagar, Tehsil Jagadhri, Distt. Yamuna Nagar.                              

                                                                          …Complainant.

                                                     Versus

The Oriental Insurance Company Ltd. Opp. Madhu Hotel, Jagadhri Road, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar, through its Branch Manager.

                                                                                                                                                              …Respondent.                                       

 

Before: SH. ASHOK KUMAR GARG…………….. PRESIDENT.

            SH. S.C.SHARMA………………………….MEMBER.

 

Present:    Sh. Tarun Rohilla, Advocate, counsel for complainant.  

                 Sh. Amit Bansal, Advocate, counsel for respondent.         

 

 

ORDER

 

1.                     The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986.

 2.                    Brief facts of the present complaint, as alleged by the complainant, are that the complainant is registered owner of Maruti Car 800 bearing registration No. HR-27B-0022 which was insured with the respondent (hereinafter referred as OP Insurance Company ) vide insurance policy bearing No. 261700/31/2010/8475 for a sum insured of Rs. 40,000/- valid from 04.12.2009 to 03.12.2010. On  18.07.2010 the son of the complainant namely Shivin Aggarwal went to Sant Nischal Singh Public School, Yamuna Nagar on the abovesaid car for swimming and parked his car in the parking zone of main gate at about 7.00 P.M. When he came back he found that the car was missing and was stolen by some unknown person, upon which the matter was reported to the police and the Police lodged FIR bearing No. 403 dated 18.07.2010 under section 379 IPC at P.S. City Yamuna Nagar and OP was also intimated on the same day. The surveyor and investigator came at the spot and verified all the facts and complainant completed all the formalities as directed by them. Thereafter, in the month of October 2010, the complainant got informed that his car has been traced out and the same was lying with the Police of P.s. Chika, District Kaithal, upon which the police of Yamuna Nagar took the car by loading in truck No.HR-46-8061 as the car of the complainant was not in a position to ran as it was badly damaged and the complainant got released the same on superdari and the surveyor of the company surveyed the loss of car and directed the complainant to lodge his claim. The complainant got assessed the loss from Pandit Automobiles Jagadhri who prepared the estimate of repair of Rs. 70,000/- approximately and thereafter the complainant got repaired his car from Ganpati Denting & Painting Works, Yamuna Nagar and spent a sum of Rs. 40,000/- on the repair of his car. Lastly, it has been prayed that the Op be directed to pay the claim amount of Rs. 40,000/- alongwith interest or in the alternative to give full value of No Claim Bonus to the complainant and further to pay compensation as well as litigation expenses. Hence, this complaint.   

 3.                    Upon notice, OP Insurance Company appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, no deficiency or negligence in service, and on merit it has been submitted that the car in question was stolen on 18.07.2010 and the claim to this effect was lodged with OP on 26.07.2010. OP immediately appointed the investigator Sh. Satvinder Singh to investigate the matter who submitted his report to the OP on 26.11.2010 but in the meantime the car in question was recovered by the police on 14.10.2010 and was taken on superdari by the complainant on 21.10.2010. It has been admitted that at the time recovery, the car in question was damaged and as such needs repairs. Again the OP Insurance Company immediately appointed another surveyor Er. Sumit Goyal, Mechanical Engineer, Surveyor and Loss Assessor and assessed the loss to the tune of Rs. 5000/- on repair basis after applying the relevant depreciation clause and submitted his report dated 23.11.2010 to the OP. On 24.11.2010 OP Insurance Company received a letter from the complainant vide which he requested the OP to delete his claim and continue his No Claim Bonus. the detailed reply to this letter was given to the complainant vide letter dated 15.12.2010 vide which it was made clear to the complainant that when at the moment the claim was lodged against the insurance, the No Claim Bonus automatically finished. As after the lodging of the claim the survey fees and investigation fees was paid by the OP. The complainant was again requested to submit the bills of repair vide letter dated 21.01.2011 but the complainant failed to submit the bills of repair to the Op till date and inspite of doing the needful, complainant filed this false frivolous and baseless complaint without any cause of action and on merit controverted the plea taken by complainant and reiterated the stand taken in the preliminary objections. Lastly, prayed for dismissal of complaint.

4.                     To prove the case counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/a and photo copies of documents such as copy of FIR as Annexure C-1, Copy of Insurance Policy as Annexure C-2, Copy of release order of vehicle as Annexure C-3, original bill of Janta Tempo Union as Annexure C-4, copy repair bill as Annexure C-5,original bill of Makkar tyres as Annexure C-6, Repair bills as Annexure C-7 to C-9, letter dated 15.12.2010 as Annexure C-10 and closed the evidence on behalf of complainant.

 

5.                     On the other hand, counsel for the OP tendered into evidence affidavit of Sh. R.S.Kalra, authorized signatory OIC, Divisional Office, Yamuna Nagar as Annexure RW/A and photo copies of documents such as copy of FIR as Annexure R-1, insurance cover note as Annexure R-2, insurance policy as Annexure R-3, certificate dated 26.07.2010 issued by Dr. C.K.Aggarwal as Annexure R-4, copy of letter dated 24.11.2010 as Annexure R-5, copy of letter dated 15.12.2010 as Annexure R-6, copy of letter dated 21.01.2010 as Annexure R-7 , Surveyor report as Annexure R-8 and closed the evidence on behalf of OP.

6.                     It is not disputed that Maruti car bearing registration No. HR27B-0022 which was insured with the Op Insurance Company vide insurance policy bearing No. 261700/31/2010/8475 valid from 04.12.2009 to 03.12.2010 for a sum insured of Rs. 40,000/- was stolen by some un known person upon which the matter was reported to the police vide FIR No. 403 dated 18.07.2010 under section 379 IPC P.S. Yamuna Nagar. It is also not disputed that after some time the car in question recovered by the police in damaged condition. it is also not disputed that a claim was lodged with the OP Insurance Company who deputed the surveyor and investigator who submitted his report dated 23.11.2010 and assessed the loss to the tune of Rs. 5000/- only on account of damage to the car in question. It is also not disputed that previously, the complainant Dr. C.K. Aggarwal moved an application dated 24.11.2010 (Annexure R-5) to the OP Insurance Company to delete the claim lodged by him with OP Insurance Company as he wants to continue to getting the benefits of NCB. However, later on the complainant has filed the present complaint on 08.03.2011. It is also not disputed that in reply to the letter written by Dr. C.K. Aggarwal, the OP Insurance Company wrote a letter mentioning therein that now claim cannot be deleted and further the complainant was requested to submit the bills/invoice of the spare parts and repair whatsoever so that his claim could be settled. It is also not disputed that complainant has failed to submit the original bills to the OP Insurance Company as all the original bills are lying with this court file as Annexure C-4, C-6, C-7, C-8 and C-9.

7.                     Although the complainant has not submitted the original bills to the OP Insurance Company which are lying with the court case file, even then OP Insurance Company cannot deny the claim of the complainant as there was no violation of the terms and conditions of the insurance policy on the part of complainant. From the perusal of surveyor report it is clearly evident that an amount of Rs. 5000/- has been assessed by the surveyor after going through the estimate and actual loss suffered by the complainant which is still lying with the OP Insurance Company.

8.                     Now, the next question arises as to what extent the complainant is entitled for damages. Although, the said car of the complainant was insured with the OP Insurance Company for a sum of Rs. 40,000/- vide insurance policy in question. However, the surveyor and loss assessor has recommended the amount of Rs. 5,000/- on net liability and the complainant also failed to point out any discrepancy or ambiguity in the said expert report dated 23.11.2010 (Annexure R-8). It is settled proposition of the law that credence should be given to the surveyor report and as such we deem it proper and appropriate to grant an amount of Rs. 5000/- on account of damages to the said car of the complainant and the OP Insurance Company being the insurer is liable to pay a sum of Rs. 5000/-.

9.                     Resultantly, we partly allow the complaint of complainant and direct the OP Insurance Company to pay a sum of Rs. 5000/- to the complainant alongwith interest at the rate of 9% per annum from the date of filing of complaint till its realization and further to pay Rs. 3000/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order, failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law.   Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court 30.08.2016.           

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                   

 

                                                                                    (S.C.SHARMA )

                                                                                    MEMBER.