DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 806/2017
D.No._______________________ Date: __________________
IN THE MATTER OF:
ANIL KUMAR SHARMA,
S/o LATE SH. B.R. SHARMA,
R/o D-21, DELHI CITIZEN SOCIETY,
DELHI-110085 … COMPLAINANT
Versus
THE ORIENTAL INS. Co. LTD.,
BRANCH OFFICE: 215, RAMA MARKET,
PITAM PURA, NEW DELHI-110034. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 26.09.2017 Date of decision:02.04.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPunder Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant being the registered owner of the vehicle i.e. Maruti Swift-LXI bearing Regn. no. DL-9CP-8823 has taken the comprehensive insurance in respect of the said car from OP vide policy no. 271901/31/2015/5565 for the period from 28.01.2015 to 27.01.2016 and paid the premium amount to OP. On 08.03.2015, the insured vehicle met with an accident near Modi
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Nagar, Uttar Pradesh and was badly damaged when the same was being driven by the complainant and since the vehicle was not in a road worthy position, the complainant took it to M/s Royal Automobiles who prepared an estimate dated 09.03.2015 and supplementary estimate dated 10.03.2015 and the intimation about the loss of the vehicle was lodged by the complainant with OP’s Modi Nagar branch office as advised by OP in writing when OP deputed a surveyor namely Sh. G.S. Maurya and the deputed surveyor took photographs of the damaged vehicle and discussed & approved in writing the estimate with the repairs and assured the complainant to get the car repaired as per the entire approved claim and the complainant spent a sum of Rs.98,772/- which was paid in cash to M/s Royal Automobiles and Globus Spares and OP did not settle the claim of the complainant inspite of the fact that all the required papers were submitted to the surveyor on the first date alongwith the intimation letter, estimate, claim form and thereafter by cash memos and that the complainant have been reminding them over phone and by personal visits. Thereafter, the surveyor Sh. G.S. Maurya assessed the loss and filed survey report in insurance company on 24.03.2015 but insurance company as well as surveyor has not given the survey report to the complainant. The complainant further alleged that the complainant sent a reply through e-mail as well as by speed post on 23.05.2015 to OP and
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the complainant made several requests to OP office in writing, telephone as well as personal visits to settle the claim but OP office nothing has been done till today and has suffered a loss and further alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay to the complainant the claim of a sum of Rs.98,772/- alongwith interest @ 24 % p.a. as well as compensation of Rs.1,00,000/- for causing mental, physical agony and harassment. The complainant has also sought an amount of Rs.50,000/- as litigation cost.
3. Notice to OP was issued through dasti notice for appearance on 20.12.2017 and the dasti notice to OP was served on 03.10.2017 and none has appeared on behalf of OP on 20.12.2017 & 05.02.2018 and as such OP was proceeded ex-parte vide order dated 05.02.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and has also filed written arguments. The complainant has also placed on record copy of Motor Insurance Certificate cum Policy Schedule Private Car Package-Zone-A bearing policy no.271901/31/2015/5565 for the period from 28.01.2015 to 27.01.2016 (mid-night), copy of schedule of premium, copy of Registration Certificate, copy of claim intimation letter dated
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09.03.2015, copy of Motor Claim Form, copies of estimates dated 09.03.2015 & 10.03.2015 issued by M/s Royal Automobiles, copy of bill no. 371 dated 24.03.2015 for a sum of Rs.89,200/- issued by M/s Royal Automobiles, copy of cash memo no. 35/1734 dated 22.03.2015 of Rs.5,062/- issued by Globus Spares, copy of Pre-Receipted survey fee bill dated 24.03.2015 of Rs.4,470/- issued by G.S. Maurya, Consulting Engineer, Surveyor & Loss Assessor and copies of e-mail communications alongwith postal receipts as well as track reports.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears thateven after receiving summon of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant.
6. On perusal of the record, we find that the complainant made complaint of his claim to OP but OP did not pass the claim of the complainant. Moreover, OP has neither chosen to contest the case nor has filed surveyor report. Accordingly, OP ought to have passed the claim of the complainant which OP has not passed. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
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7. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.98,772/- being the price of repair/parts as per bill of the insured vehicle.
ii) To pay to the complainant an amount of Rs.25,000/- ascompensation towards mental agony and harassment caused to the complainant
iii) To pay to the complainant an amount of Rs.5,000/- cost of litigation cost.
8. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 2ndday of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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