Punjab

Rupnagar

RBT/CC/18/206

M/s Shyam Texchem Pvt.Ltd. - Complainant(s)

Versus

Oriental Insurance Co.Ltd. - Opp.Party(s)

VK Gupta adv

19 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA

 

Received by way of transfer Consumer Complaint No.206 of 2018

                                               Date of institution:27.03.2018

                                               Date of Decision:19.01.2023

 

M/s Shyam Texchem Private Limited, D-228, Focal Point, Phase-VII, Ludhiana through its duly authorized Director Sh.Vivek Ladia.

…….Complainant

Versus

 

1. The Oriental Insurance Company Limited near Satkar Palace, Amritsar Road, Tarantarn (Punjab), through its Manager
2. The Oriental Insurance Company Limited having its Regional Officer at Bharat Nagar Road, Near Bus Stand, Ludhiana through its Regional Manager
3. Head Officer: Oriental House, having its head office at A-25/27, Asaf Ali Road, New Delhi, through its Manager                                                       ……..Opposite Parties

 QUORUM:   

   HON’BLE MR. RANJIT SINGH, PRESIDENT.

                   HON’BLE MRS. RANVIR KAUR, MEMBER

 

PRESENT:

      

Sh. Ajay Kumar Gupta, Adv. for complainant

Sh. Naveen Gupta, Adv. for OPs  

              
 

ORDER

RANJIT SINGH, PRESIDENT

 

1. The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Party on the ground that the complainant is a private Limited company having its registered office at D-228, Focal Point, Phase VII, Ludhiana. The complainant had its own Memorandum of Articles and Association and Certificate of Incorporation. The company has duly authorized its Director to file and pursue this complaint. The complainant company is the owner of car make BMW-5, series bearing registration bearing No.PB-10-FM-0838, bearing engine No.0092033, chassis No.D-911155. The officials of the Ops No.1 & 2 had approached the complainant and induced the complainant got get their vehicle insured from their company and claimed that they are best service providers in their field. In order to cover accidental risk of their vehicle, the complainant got the vehicle insured from the Ops vide policy No.233308/31/2016/3147 for sum insured of Rs.40,61,000/- effective from 18.11.2015 to 17.11.2016. Police of the vehicle of the complainant was done by the Ops only after pre inspection of the vehicle and the complainant had paid huge premium of Rs.68,383/- to cover the risk. The vehicle of the complainant met with an accident on 9.11.2016 at 5.30 PM in Focal Point, Ludhiana, in the said accident, the front glass of the vehicle of the complainant was badly damaged. After the said accident, the claim was lodged by the complainant with the Ops regarding the damage of the car in question. The complainant also duly submitted requisite documents as called for and accordingly surveyor was appointed by the Ops to assess the loss. The surveyor committed the inspection thoroughly. Thereafter, the complainant got the vehicle repaired from M/s Krishna Auto Mobiles, Ludhiana and paid them their bill amount of Rs.93,030/- of State Bank of India. The insurance claim of the complainant is still pending despite repeated requests and reminders and legal notice dated 22.12.2017 served upon the Ops. The Ops have not paid the claim nor sent any repudiation of the claim. Thus, alleging deficiency in service on the part of the OPs. Therefore, the complainant prayed for the following reliefs against the OPs:- 

1. To pay the repair charges of Rs.93,030/- incurred by the complainant along with interest @ 12% per annum with effect from the date of payment by the complainant to repairer till payment.

2. To pay Rs.50,000/- as compensation on account of mental tension, harassment, pain.

3. Any other additional or alternative relief to which the complainant is found entitled to, by this Hon’ble Commission may also kindly be granted in his favour.

2.              Upon notice, the OPs has filed written reply taking preliminary objections; that the present complaint is barred under Section 26 of the Consumer Protection Act; that the present complaint is not maintainable; that the present complaint is bad for mis joinder of parties since oriental insurance company is not having any regional office at Bharat Nagar Road, Near Bus Stand, Ludhiana; that the complicated question of law and facts are involved in this complaint which required elaborate evidence both oral and documentary and it is only civil court of competent jurisdiction who can try and decide the present complaint; that the complainant is stopped by his own act and conduct from filing the present complaint as the complainant is not coming to the Hon’ble Commission with clean hands and had concealed the material facts from this Hon’ble Commission; that the complainant had not lodged or intimated any claim in respect to vehicle No.PB-10-FM-0838 under the said policy damaged in an accident on 9.11.2016 as alleged in the complaint and as such no claim is registered with the Ops. On merits, it is stated that no claim is registered with the OP1 or with the answering OP as no intimation is received by the OP1 in respect of the said vehicle. No document has been submitted by the complainant with the OP. Even no document has been placed on the record of the Hon’ble Court to show the lodging of the claim or submission of any documents in respect to any alleged claim, if lodged in respect of the car in question allegedly damaged in an alleged accident on 9.11.2016 as alleged in the complaint. Moreover, the Oriental Insurance Company is not having its Regional Office at Bharat Nagar Road, Near Bus Stand, Ludhiana. It is further stated that there is no deficiency in service on the part of the Ops and prayed for dismissal the present complaint.     

2.  In support of the complaint, the complainant has tendered various documents. On the other hand, the OPs has also tendered documents in support of their evidence.
3. We have heard the learned counsel for the parties and have gone through the record of the file, carefully.
4. It is pertinent to mention here that the when the complainant get the insurance policy from the insurance company then insurance company is duty bound to settle the claim of the complainant. In their written version, the OPs get the plea that no documents was submitted by the complainant with the Insurance Company, which is not legally sustainable. The complainant has placed on record Ex.C1 i.e. Memorandum and Articles of association of the Shyam Texchem Private Limited, which proves that Sh. Vivek Ladla, is authorized person of the complainant firm.   
5. In the circumstances, of the present case, we allow the present complaint with the directions to the OPs to pay Rs.93030/- along with interest @ 7% per annum from the date of filing the present complaint. Further the complainant is entitled to Rs.33000/- as compensation and litigation expenses. The OP is directed to comply with the said order within 30 days from the date of receipt of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.
6.  

January 19, 2023

(Ranjit Singh)

PRESIDENT

•  

                                   

(Ranvir Kaur)

MEMBER

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