DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 32/2018
D.No._______________________ Date: __________________
IN THE MATTER OF:
Smt. RUMA TANEJA,
W/o SH. NARENDER TANEJA,
R/o 1957/51, GANESH PURA,
TRI NAGAR, DELHI-110035.… 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. Honda City bearing Regn. no. DL-3C-AK-6638 has taken the comprehensive insurance in respect of the said car from OP
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vide policy no. 271901/31/2016/24 for the period from 13.04.2015 to 12.04.2016 and paid the premium amount to OP. On 26.12.2015, the insured vehicle met with an accident at Narela, Delhi and was badly damaged when the same was being driven by the husband of the complainant and since the vehicle was not in a road worthy position, the complainant took the vehicle to M/s Royal Automobiles who prepared an estimate dated 26.12.2015 and the intimation about the loss of the vehicle was lodged by the complainant with OP’s claim office on 28.12.2015 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 repairs and assured the complainant to get the car repaired and the complainant spent a sum of Rs.1,29,838/- which was paid in cash to M/s Royal Automobiles. Thereafter, 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 further alleged that the complainant filed the RTI application in the Insurance
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Company on 17.03.2016 to demand the surveyor report and also sent a legal notice dated 04.03.2016 through her Counsel to OP and the Insurance Company sent the reply of RTI application of the complainant on 07.04.2016 stating that the claim of the complainant is under investigation but not given the proper reply and surveyor report. The complainant further alleged that the investigator Sh. Kashmira Singh visited the premises of the complainant and asked some queries of the accident vehicle and the investigator started to pressurize and the complainant sent e-mail dated 25.03.2016 and 28.03.2016 but OP did not settle the claim of the complainant. The complainant further alleged that the investigator has not obtained any deputation letter from OP for visiting the premises of the complainant for alleged accident and OP deputed an investigator at its own against all Insurance law and IRDA rules & investigator has not obtained any license from the IRDA and the report of the investigator is invalid as per rules of the IRDA. The complainant further alleged that once the company has deputed the surveyor and the surveyor has assessed the loss and submit the survey report to the company on 31.01.2016, the company cannot depute any investigator of the damaged vehicle as per the IRDA Rules & Insurance Law and it clearly shows that the company officials started the harassment of the complainant.
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Thereafter, the complainant sent the appeal against RTI reply on 26.04.2016 and the Insurance Company filed the reply in RTI appeal on 23.05.2016, the Insurance Company has given the survey report and the surveyor Sh. V.K. Jain has already assessed the loss and filed the survey report in the Insurance Company on 31.01.2016 but Insurance Company not settle the claim of the complainant till today and 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.1,29,838/- alongwith interest @ 24 % p.a. as well as compensation of Rs.1,50,000/- 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 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
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also placed on record copy of Motor Insurance Certificate cum Policy Schedule Private Car Package-Zone-A bearing policy no.271901/31/2016/24 for the period from 13.04.2015 to 12.04.2016 (mid-night) showing IDV of the vehicle as Rs.1,66,000/-, 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 28.12.2015, copy of Motor Claim Form, copy of estimate dated 26.12.2015 issued by Royal Automobiles, copy of bill no. 404 dated 22.01.2016 of Rs.1,23,200/- issued by M/s Royal Automobiles, copy of legal notice dated 04.03.2016 sent by the complainant through her Counsel to OP, copies of RTI online request dated 17.03.2016, copy of reply of RTI application dated 07.04.2016, copy of e-mail communication dated 25.03.2016 sent by the complainant to OP, copy of motor survey report dated 31.01.2016 issued by Sh. V.K. Jain, Surveyor and loss Assessor thereby assessing the loss @ Rs.88,142/- and copy of repudiation letter 16.05.2016 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
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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 story of accident is false. Moreover, OP has neither chosen to contest the case nor has filed any documents in support of its defence as taken in repudiation letter, as in the repudiation letter dated 16.05.2016 OP has taken the defence that the insured vehicle never met with an accident and the story of accident is fabricated. No such documents has been proved by OP. Moreover, Sh. V.K. Jain, Surveyor & Loss Assessor in his report has stated that 21 photographs were taken by him during survey and has further reported that as some buffaloes came from side fields and hit the right side of the vehicle and as the driver of the vehicle steered the vehicle towards left side, it hit into a passing car resulting in damages and the front wind screen glass broken due to damage of pillar. Accordingly, OP ought not to have repudiated the claim of the complainant. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP is directed as under:
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i) To pay to the complainant an amount of Rs.88,142/- being the loss assessed by the surveyor.
ii) To pay to the complainant an amount of Rs.30,000/- 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 OPshall 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 11thday of July, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:-SATYENDRA JEET
