DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 34/2018
D.No._______________________ Date: __________________
IN THE MATTER OF:
Smt. PUSHPA GUPTA,
W/o LATE SH. LAXMI CHAND GUPTA,
R/o 19, SINGALPUR VILLAGE EXTN.,
SHALIMAR BAGH, DELHI-110088.… 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: 09.01.2018 Date of decision:11.07.2019
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. Skoda Superb bearing Regn. no. DL-3C-AJ-6418 has taken the comprehensive insurance in respect of the said car from OP vide policy no. 271901/31/2016/585 for the period from
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03.05.2015 to 02.05.2016 and paid the premium amount to OP. On 12.01.2016, the insured vehicle met with an accident at G.T. Road, Near Budhpur, Delhi and was badly damaged when the same was being driven by the relative of the complainant and since the vehicle was not in a road worthy position, the complainant took the vehicle to M/s Satman Automobiles who prepared an estimate dated 14.01.2016 and the intimation about the loss of the vehicle was lodged by the complainant with OP’s claim office as advised by OP and OP deputed a surveyor namely Sh. V.K. Jain and the surveyor took photographs of the damaged vehicle and discussed the estimate with repairersand the surveyor assessed the loss at total loss basis but OP did nothing to 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. Thereafter, the surveyor assessed the loss and filed survey report in insurance company but insurance company as well as surveyor has not given the survey report to the complainant and not settle the claim of the complainant till today. The complainant sent e-mails dated 26.02.2016, 02.03.2016, 09.03.2016, 19.04.2016 & 28.04.2016 to OP but OP did not settle the claim of the complainant.The complainant further alleged that the complainant filed the RTI application in the Insurance Company on
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31.07.2017 to demand the surveyor report who has assessed the total loss of the vehicleby the surveyor Sh. V.K. Jain and thereafter, the Insurance Company sent the reply of RTI application of the complainant. The complainant further alleged that the complainant again filed RTI application in the insurance company on 09.09.2017 demanding the report of investigator and OP sent the reply dated 29.09.2017 and deputed another surveyor M/s Royal Associates who submitted the totally wrong and frivolous report and the investigator was appointed by OP against all Insurance Law & IRDA Rules and M/s Royal Associates has not obtained any license of IRDA and the report is totally invalid as per rules IRDA and the insurance company cannot repudiate the claim because the company surveyor had survey the workshop of M/s Satman Automobiles and thereafter had given the report on total loss basis of the vehicleand the complainant 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.5,30,000/- on total loss basis of the vehicle on its IDV alongwith interest @ 24 % p.a. as well as compensation of Rs.3,50,000/- for causing mental, physical agony and harassment
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and has also sought an amount of Rs.10,000/- per day from the date of accident till payment towards parking charges of the vehicle and has also sought an amount of Rs.1,00,000/- as litigation cost.
3. Notice to OP was issued through dasti notice for appearance on 05.04.2018 and the dasti notice to OP was served on 01.02.2018 but none has appeared on behalf of OP on 05.04.2018 & 30.07.2018 and as such OP was proceeded ex-parte vide order dated 30.07.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and 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.271901/31/2016/585 for the period from 03.05.2015 to 02.05.2016 (mid-night) showing IDV of the vehicle as Rs.5,30,000/-, copy of schedule of premium, copy of Registration Certificate of the vehicle, copy of driving license of the complainant, copy of claim intimation letter dated 15.01.2016, copy of Motor Claim Form, copy of estimate report dated 14.01.2016 issued by M/s Satman Automobiles, Okhla Indl. Area, Delhi showing estimate of Rs.8,75,000/-, copy of e-mail communication dated 26.02.2016, 09.03.2016, 19.04.2016 & 28.04.2016 sent by the complainant to OP and Sh. V.K. Jain, Surveyor, copy of RTI Application dated
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31.07.2017, copy of reply dated 24.08.2018, copy of motor survey report dated 12.05.2016 issued by Sh. V.K. Jain, Surveyor and loss Assesser who assessed the loss at Rs.5,48,807/- and copy of repudiation letter 08.03.2017 sent by OP to the complainant regarding claim of the complainant.
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 notice of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant. It appears that OP has no defence at all in its favour.
6. On perusal of the record, we find that the complainant made complaint of his claim to OP but OP repudiated the claim of the complainant on the ground that the workshop of M/s Satman Automobiles was already closed in December-2015. However, OP has neither chosen to contest the case nor has filed any document in support of its defence as taken in repudiation letter. Furthermore, Sh. V.K. Jain, Surveyor & Loss Assessor in the Motor-Survey report dated 12.05.2016 has stated that 14 photographs of the vehicle were taken by him and were enclosed with the report and the damaged vehicle was carefully inspected and examined.
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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.
7. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.5,30,000/- being the loss assessed by the surveyor on total loss basis of the vehicle and the complainant to supply necessary/requisite for transfer of the vehicle in the name of OP and OP is also entitled for the salvage of the vehicle.
ii) To pay to the complainant an amount of Rs.60,000/- ascompensation towards mental agony and harassment caused to the complainant
iii) To pay to the complainant an amount of Rs.10,000/- 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.
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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 11th day of July, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:-SATYENDRA JEET
