BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR.
C.C. No.257 of 2014 Date of Institution: 4.7.2014 Date of Decision: 18.2.2015
Varinder Kumar son of Mulakh Raj, resident of Village Giddranwali, Tehsil Abohar, District Fazilka.
....... Complainant
Versus
Oriental Insurance Company Limited, Branch at Near UCO Bank, Abohar, through Branch Manager.
........ Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986. * * * * *
PRESENT:-
For the complainant : Sh. Vishal Arora, Advocate
For the opposite party : Sh. Ashwani Dhingra, Advocate
QUORUM
S. Gurpartap Singh Brar, President
S. Gyan Singh, Member
ORDER
GURPARTAP SINGH BRAR, PRESIDENT:-
Brief facts of the complaint are that the complainant met with a road accident in the year 2008, as a result of which he has become 95% handicapped. Further it has been pleaded the the complainant was owner of
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motor cylce make TVS Star City bearing Registration No.PB-15C-5312, which was got insured by the complainant from the opposite party in the year 2007, valid upto the year 2008. In the year 2008, the complainant suffered multiple severe injuries in a road accident, as a result of which he remained admitted in I.C.U. for a period of one year. After one year, an FIR No.12 was registered on the statement of the complainant in Police Station, Khuian Sarvar on 5.2.2009 regarding the said accident. In the year 2011, the complainant approached the opposite party for accidental claim of his motor cycle and the then Manager of the opposite party got signatures of the complainant on some blank printed proformas for disbursement of the claim amount and kept the R.C. of the motor cycle, insurance policy and other relevant documents in his possession and assured that the claim amount shall be credited in the account of the complainant. On 8.9.2011, the opposite party got credited an amount of Rs.50,000/- in his account, whereas he was entitled to an amount of Rs.1,00,000/- approximately as insurance claim. The complainant approached the opposite party a number of times for claim of his motor cycle, but the opposite party had been putting off the complainant on one pretext or the other. The former Manager of the opposite party also demanded a sum of Rs.10,000/- from the complainant for disbursement of the remaining claim amount, regarding which the complainant also made
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complaints to the Administration, resulting into transfer of the said Manager. The complainant has suffered a lot of physical and mental harassment at the hands of 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 pay the remaining claim amount of his motor cycle along with interest. Further a sum of Rs.50,000/- has been claimed as compensation for pysicial and mental harassment.
2. Upon notice, the opposite party appeared and filed its written reply to the complaint, wherein it has been pladed that as per allegations levelled in the complaint, the alleged accident took place in the year 2008, whereas the complaint is of 2014 and as such the same is hopelessly time barred. Further it has been pleaded that no particulars of any insurance policy have been given in the complaint enabling the opposite party to give proper and suitable reply. However, the opposite party reserves its right to file additional written statement as and when complete particulars of the insurance are supplied by the complainant. The amount, if any, paid to the complainant is a matter of record. Other allegations of the complaint have been denied and dismissal of the complaint has been prayed for.
3. Learned counsel for the complainant tendered into evidence
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Ex.C-1 to Ex.C-13 and closed evidence on behalf of the complainant. On the other hand, leanred counsel for the opposite party tendered into evidence Ex.OP-1/1and closed evidence on behalf of the opposite party.
4. We have heard the learned counsel for the parties, considered the written arguments filed by the complainant and have also gone through the file.
5. So far as objection raised by the opposite party that the alleged accident took place in the year 2008, whereas the present complaint has been filed in the year 2014 and as such the same is hopelessly time barred is concerned, this issue has already been decided by this Forum and while deciding the application of the complainant moved for condonation of delay in filing the present complaint, the delay in filing the present complaint has been condoned vide order dated 18.7.2014, having sufficient cause with the complainant for not filing the present complaint in time. Therefore, the objection raised by the opposite party in this regard is not sustainable.
6. The grievance of the complainant is that his motor cycle bearing Registration No.PB-15C-5312 was insured with the opposite party, which was met with an accident during the subsistence of the policy, but the opposite party has credited an amount of Rs.50,000/- only in his
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account as insurance claim, whereas, he is entitled to an amount of Rs.1,00,000/- approximately as insurance claim on accunt of accident of his motor cycle. But no policy number has been mentioned by the complainant in his complaint and the opposite party has also showed its inability to give proper reply for want of complete particulars of the insurance. No copy of insurance policy has been placed on the file by either of the parties. During the proceedings of the present complaint, vide order dated 7.10.2014, Brach Manager of Punjab National Bank, Abohar was summoned along with complete record pertaining to credit entry of Rs.50,000/- on 8.9.2011in the account of complainant Varinder Kumar having account No.0001000100356417 in the said bank with complete detail and address of the person/company from whose bank account the same has been debited with the name and branch of that bank with complete details of the transaction. The said witness of Punjab National Bank brought the summoned record and placed on record copy of Cheque No.459186 dated 6.9.2011 amounting to Rs.50,000/- issued by the opposite party in favour of complainant Varinder Kumar, voucher dated 6.9.2011 for deposit of said cheque in the bank account of the complainant bearing No.0001000100356417, statement of account of the complainant showing credit of Rs.50,000/- in the account of the complainant on 8.9.2011 and withdrawal of the same on 9.9.2011 and the bearer cheque dated 9.9.2011
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for withdrawal of the said amount, copies of which have been placed on the file by the complainant as Ex.C-10 to Ex.C-13. The said witness also made a statement dated 13.11.2014 to the effect that he has brought the summoned record and the credit entry of Rs.50,000/- in the account of complainant Varinder Kumar in their bank pertains to cheque No.459186 dated 6.9.2011 amounting to Rs.50,000/- issued by the Oriental Insurance Company Limited from accout No.3449002100039180 of P.N.B. Gaushala Road, Abohar; the said cheque issued by the Oriental Insurance Company Limited was deposited by Varinder Kumar in the bank account with them on 6.9.2011 and the same was credited on 8.9.2011 in the account of Varinder Kumar; and the said amount was withdrawn by Varinder Kumar account holder with them on 9.9.2011 through bearer cheque. Therefore, a perusal of copy of Cheuqe No.459186 dated 6.9.2011 amounting to Rs.50,000/- Ex.C-10 issued by the opposite party in favour of Varinder Kumar, Complainant and statement dated 13.11.2014 made by witness T.C. Singla, Chief Manager, P.N.B., Abohar reveals that the said cheque was issued by the opposite party to the complainant in respect of the policy in question. It is also not the case of the opposite party that the said cheque was issued by the opposite party to the complainant in respect of some other policy instead of the policy in question. Moreover, the averments of the complaint as to the credit of Rs.50,000/- as amount of insurance claim
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in the account of the complainat on 8.9.2011and entitlement of the complainant to the remaining insurance amount of Rs.50,000/- have not been specifically denied by the opposite party. After producing the summoned record by the said witness regarding issuance of above said cheque of Rs.50,000/- by the opposite party in favour of the complainant as insurance claim, the opposite party could have easily locate the entire record in respect of the policy in question, which is in possesion of the opposite party, but even then the opposite party has not produced even a single doucment, except affidavit Ex.OP-1/1 of S.K. Sharma, Divisional Manager of the opposite party, on the record in respect of the insurance policy in question. In affidavit ExOP-1/1, it has also not been deposed by the deponent the record pertaining to the insurance policy in question is no more in the possession of the opposite party or the same has been weeded out by the opposite party. Therefore, in the absence of insurance policy in question or any other record pertaining to this policy, the quantum of remaining payable amount cannot be assessed. In our view, it would be appropriate to direct the opposite party to pay the remaining amount payable under the insurance policy in question, if admissible, to the complainant along with interest.
7. In view of what has been discussed above, this complaint is
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accepted and the opposite party is directed to pay the remaining amount payable under the insurance policy in question, if admissible, to the complainant along with interest at the rate of 9% per annum from the date of filing the present complaint i.e. 4.7.2014 till realization. Since Shri Vishal Arora, Advocate was appointed as counsel for pursuing the present complaint on behalf of the complainant and his fee of Rs.3300/- was paid from Legal Aid account of this Forum, the opposite party is also directed to deposit a sum of Rs.3300/- as litigation expenses in the Legal Aid Account of this Forum. This order is directed to be complied within a period of 30 days from the date of receipt of copy of this order. File be consigned to record room.
Announced
18.2.2015 (Gurpartap Singh Brar) President
(Gyan Singh) Member
