BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR.
C.C. No.396 of 2014
Date of Institution: 17.10.2014
Date of Decision: 6.7.2015
Kimti Lal Bajaj, Aged 35 years, Son of Manohar Lal Bajaj, Resident of House No.85, Ward No.6, Mohalla Ghaor, Zira, Tehsil Zira, District Ferozepur.
....... Complainant
Versus
The Oriental Insurance Company Limited, Branch Zira, District Ferozepur.
........ Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
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PRESENT :
For the complainant : Sh. V.D. Madhar, Advocate.
For opposite party : Sh. Shalinder Sharma, Advocate.
QUORUM
S. Gurpartap Singh Brar, President
Mrs. Inderjeet Kaur, Member
ORDER
GURPARTAP SINGH BRAR, PRESIDENT:-
Brief facts of the complaint are that the complainant was doing the business under the name and style of M/s Kashiv Trading Company, now M/s Kimti Lal and Sons at Zira since the year 2006 having godowns of Ground Nut, Gachak and Channa at Grain Market, Zira. The complainant is owner of the Car make I-20 bearing Registration No.PB-47-D-6601 and he got insured the car in question from the opposite party after paying the premium, which was valid from 25.2.2013 to 24.2.2014. The complainant also got insured the vehicle in question from the opposite party for the further year, which was valid from 6.3.2014 to
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5.3.2015. Further it has been pleaded that the complainant was parking the vehicle in question in his above said godown. On 13.2.2014, the godown of the complainant was put on fire and to this effect, a rapat bearing No.18 was entered by the Police of P/S City Zira on 19.2.2014, in which, two cars make Hyundai I-20, which is the vehicle in question and another Tata-207 were damaged. The complainant approached the opposite party and also submitted all the documents and got completed all the formalities. The Surveyor of the opposite party came at the spot and gave his report. Further it has been pleaded that the complainant sent the vehicle in question in the workshop of Godawari Motors Pvt. Limited, Moga for repair, who got repaired the vehicle and charged an amount of Rs.80,945/- from the complainant. The complainant has also spent an amount of Rs.5000/- for taking the vehicle in question from Zira to Moga by toeing the same. The complainant further spent an amount of Rs.10,000/- on other repair of the vehicle in question. The complainant is entitled to recover an amount of Rs.1 lac from the opposite party, which has been spent by him on the repair of the vehicle in question. The complainant approached the opposite party several times to make the payment of the amount in question to him, but the opposite party has been putting off the complainant on one pretext or the other and ultimately refused to make the payment of the amount in question to the complainant and rejected the claim of the
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complainant on the pretext that he has already taken some claim from Tata AIG Insurance, which was the insurance company of the vehicle in question prior to the opposite party. Pleading deficiency in service and unfair trade practice on the part of the opposite party, the complainant has prayed that the opposite party be directed to make the payment of insured amount of Rs.1 lac with interest to the complainant, which was spent by him on the repair of the vehicle in question and to pay an amount of Rs.50,000/- as compensation and Rs.11,000/- as costs.
2. Upon notice, the opposite party appeared and filed its written reply to the complaint, wherein it has been pleaded that previously he got insured his vehicle in question from M/s Tata AIG Insurance Company and he had obtained a claim on 30.1.2013 from previous insurer i.e. M/s Tata AIG Insurance Company, but at the time of taking insurance policy from the opposite party, the complainant made false declaration about the claim to get 25% discount as No Claim Bonus from the opposite party and accordingly the complainant got the said discount as per false declaration, from the opposite party. On the basis of concealment of facts and giving wrong declaration, the complainant’s claim is not tenable and the same was repudiated. The complainant was not entitled to recover an amount of Rs.1 lac from the opposite party. Other allegations of the complaint have been denied and dismissal of the complaint has been prayed for.
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3. Ld. Counsel for the complainant tendered into evidence Ex. C-1 to Ex.C-8 and closed evidence on behalf of the complainant. On the other hand, learned counsel for the opposite party tendered into evidence Ex. OP-1 to Ex. OP-6 and closed evidence on behalf of the opposite party.
4. We have heard the learned counsel for parties and have also gone through the file.
5. It is the admitted case of the parties that the car of the complainant make i-20 bearing Registration No.PB-47-D-6601 was insured with the opposite party for the period from 25.2.2013 to 24.2.2014 vide Motor Vehicle Insurance Cover Ex.C-2. The grievance of the complainant is that during the subsistence of this policy on 13.2.2014, the said car of the complainant was lying parked in his godown, which caught fire, as a result of which the said insured car of the complainant along with another vehicle Tata-207 were damaged; he approached the opposite party and also submitted all the documents and got completed all the formalities; he spent an amount of Rs.80,945/- on repair of the said insured car besides spending Rs.5000/- for toeing charges and Rs.10,000/- for further repairs of the said car, but the opposite party has rejected the claim of the complainant vide letter dated 24.9.2014 Ex.C-8 on the pretext that he has already taken some
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claim from Tata AIG Insurance, which was the insurance company of the vehicle in question prior to the opposite party. The plea of the opposite party is that previously the complainant got insured his vehicle in question from M/s Tata AIG Insurance Company and he had obtained a claim on 30.1.2013 from previous insurer i.e. M/s Tata AIG Insurance Company, but at the time of taking insurance policy from the opposite party, the complainant made false declaration about the claim to get 25% discount as No Claim Bonus from the opposite party and accordingly the complainant got the said discount as per false declaration, from the opposite party. The opposite party has placed on the file copy of Cover Note Ex.OP-3, a perusal of which reveals that earlier the car in question was insured with Tata AIG Insurance Company for the period from 16.2.2012 to 15.2.2013. Copy of email letter/reply dated 15.8.2014 issued by Tata AIG Insurance Company reveals that the complainant had availed claim in respect of the car in question from Tata AIG Insurance Company on 30.1.2013. Copy of Motor Vehicle Cover Note, placed on the file by the complainant as Ex.C-2 shows that the name of previous Insurance Company has been mentioned as Tata AIG General Insurance, Moga and the complainant had availed a concession of Rs.2624/- as 25% No Claim Bonus. Copy of Proposal Form for Motor Insurance produced by the opposite party as Ex.OP-5 reveals that at the time of purchasing the policy in
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question on 25.2.2013, the complainant did not disclose that earlier he had availed any claim in respect of his said car from the previous insurance company i.e. Tata AIG General Insurance. This fact has also not been disclosed by the complainant neither in the present complaint nor in the legal notice dated 25.9.2014 Ex.C-6 served by him upon the opposite party. The complainant has concealed the material fact regarding availing of claim under the earlier policy from Tata AIG Insurance Company in respect of the car in question firstly from the opposite party at the time of purchasing the insurance policy and then from this Forum at the time of filing the present complaint. It is well settled law that a person, who does not come to the court with clean hands, is not entitled to any relief. As such the present complaint fails and the same is hereby dismissed without any order as to costs.
6. Arguments in this case were heard on 22.6.2015 and the case was reserved for orders. Now the orders be communicated to the parties. File be consigned to the record room.
Announced (Gurpartap Singh Brar)
06.07.2015 President
(Inderjeet Kaur) Member
