Chandigarh

DF-II

CC/568/2015

Shri Pardeep Singh - Complainant(s)

Versus

Oriental Insurance Company Ltd, - Opp.Party(s)

In Person

20 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	568/2015
Date of Institution	:	06.10.2015
Date of Decision	:	20/01/2016

 

                                                

                                               

         

Sh.Pardeep Singh son of Sh.Bhag Singh r/o H.No.134, Village Maloya, Chandigarh.

                                      ...  Complainant.

                                             Versus

 

1.      Oriental Insurance Co. Ltd., Head Office, Oriental House, A-25/27, Asaf Ali Road, New Delhi-110002.

 

2.      Oriental Insurance Co. Ltd., First Floor, SCO 99-100, Sector 17-B, Chandigarh -160017.

 

3.      Branch Office, Oriental Insurance Co. Ltd., Surendra Building, SCO 109-110-111, Sector 17-D, Chandigarh -160017.

 

4.      Garg Autos, SCO 280, Opposite Nirman Cinema, 32-D, Sector 32, Chandigarh -160030.

…. Opposite Parties.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

 

Argued by: Complainant in person.

Sh.Deepak Chaudhary, Proxy Counsel for Sh.Ram Avtar, Counsel for the OPs.

 

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that  he got insured his motorcycle make Royal Enfield bearing registration No.CH-01-AX-7973 with the OP for the period from 21.04.2015 to 20.04.2016 vide Insurance Policy (Annexure C-1). The vehicle, in question, met with an accident and the same was got repaired from OP No.4 (Authorized Dealer) who alleged to have tie up with the Insurance Company. The insurance claim was raised by him at the time of delivery of the vehicle to OP No.4 for its repairs.  He was made to sign some insurance papers which he readily did. He also delivered a crossed cheque of his bank account i.e. Chandigarh State Cooperative Bank.  According to the complainant, OP No.4 raised the bill dated 11.08.2015 for Rs.6228/- (Annexure C-2) and he paid the said amount from his pocket to get the delivery of his vehicle. On enquiry, he was told by Ms.Darshana Kaur, Official of the Insurance Company that the payment had been sent but the same could not be credited into his account as he held his bank a/c with the Chandigarh State Cooperative Bank.  He has further alleged that on further enquiry, the Insurance Company refused to credit the claim amount to his account and rather he was told to open a new bank account in some other bank.  Ultimately, he got served a legal notice dated 03.09.2015 upon the OPs but to no effect.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.           In their written statement, OPs No.1 to 3 (Insurance Company) have pleaded that after the receipt of the surveyor report, the clam was processed and approved by the competent authority to the tune of Rs.4945/- and the payment of the same was sent through ECS on 27.08.2015 to the bank account of the complainant i.e. Chandigarh State Cooperative Bank but the same was received back with the remarks that the bank a/c number of the complainant was invalid. It was denied that the complainant was asked to open a new bank account in some other bank.  It has further been pleaded that  the Insurance Company made the payment of Rs.4,945/- vide cheque No.753806 dated 14.10.2015 drawn on Axis bank in lieu of the return of claim payment due to invalid bank a/c of the complainant.  The remaining allegations were denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.           OP No.4 in its written statement has pleaded that they had received the payment of Rs.6,228/- towards the repairs of the vehicle in question from the complainant.  In the end, a prayer for dismissal of the complaint has been made. 
4.           We have heard the complainant in person and the Counsel for the OPs No.1 to 3 and have gone through the documents on record including the written arguments of OPs No.1 to 3
5.           After going through the documentary evidence on record, we are of the considered view that the complaint is liable to be dismissed.      The plea of the complainant is that there was inordinate delay in making the payment of the claim amount and therefore, he is entitled to the claim amount alongwith the compensation for mental agony and harassment suffered by him.   However, we find no weight in this submission because it is evident from Annexure R-4 i.e. Batch wise Transaction Listing from 27.08.2015 to 27.08.2015 issued by the Axis Bank that the OP-Insurance Company had sent the payment of the claim amount i.e. Rs.4945/- to the bank a/c No.000934001001025 of the complainant maintained with the Chandigarh State Cooperative Bank through ECS on 27.08.2015 after receipt of the surveyor report dated 12.08.2015. However, the same was received back with the report “invalid account number” of the complainant.   The authenticity and veracity of the said document i.e. Annexure R-4 has not been disputed by the complainant as no rejoinder to the written statement of OPs No.1 to 3 has been filed by him.
6.              Annexure R-2 is the copy of the disbursement/adjustment/journal voucher vide which the payment of Rs.4945/- towards the claim amount has been made to the complainant on 14.10.2015 in lieu of the claim payment received back due to invalid account number as per Annexure R-4 and the same was duly accepted by him without raising any protest. 
7.           From the documents on file it is evident that the OPs No.1 to 3 took all reasonable steps to make the payment of the claim amount to the complainant after receipt of the surveyor report dated 12.08.2015 as early as possible and in case, the payment sent through ECS on 27.08.2015 received back on account of his invalid account number then the Insurance Company cannot be blamed.  The complainant has, therefore, failed to prove any deficiency in service on the part of the Insurance Company.
8.           For the reasons stated above, the complaint is hereby dismissed with no order as to costs.
9.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

20/01/2016

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER