Haryana

Karnal

523/2011

Ratchet Lab Limited - Complainant(s)

Versus

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

Suresh Kakkar

31 Oct 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.523 of 2011

                                                               Date of instt: 25.08.2011

                                                               Date of decision:18 .09.2015

 

 

M/s Ratchet Lab.Limited, village Bagwania tehsil Nalagarh District Solan (HP)2^nd address Chaman Garden, Railway Road, Karnal through its Director Sanjay Yasudev.

                                                             ……….Complainant.

                             Versus

 

The Oriental Insurance Company Limited through its Divisional Manager, GT Road, Karnal.

                                                           ……… Opposite party.

 

                    Complaint U/s  12  of the Consumer

                      Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member.   

         

 

 Present:       Sh.Suresh Kakkar Advocate for the complainant.

                   Sh.Virender Sharma  Advocate for the OP.

                  

ORDER:

 

                    This complaint has been filed  by the complainant u/s 12 of the Consumer Protection Act 1986,   on the averments that he got  insured his  Omni Bus (Bolero) bearing registration No.  HP-12/B- 8344  for a sum of Rs.3,91,944/-  vide policy No. 261301/31/2010/298 valid from  25.5.2009 to 24.5.2010. The policy was comprehensive and he had paid a sum of Rs.12787/- as premium to the Opposite Party( in short OP).  His vehicle was stolen on the intervening night  of 13-14/01/2010  from outside the house of his General Manager at Kalka District Panchkula. The matter was reported to the police and FIR  No.6 dated 14.1.2010 u/s 379 IPC was registered in Police Station Kalka. The matter was  reported to the office of OP and necessary claim form  and other relevant documents were submitted.  On 21.6.2011, the officials of the OP paid  an amount of Rs.2,89,000/- instead of Rs.3,91,944/-, which was sum assured. No reason was given by the OP for paying less amount. The amount was received by him under pressure. Payment of less amount of the claim by the OP is totally illegal, unjustified and against the terms and conditions of the insurance policy, due to which he suffered great mental agony and harassment.

2.                Notice of the complaint was given to the OP who appeared and filed written statement. Objections have been raised that complaint is not maintainable; complainant has no locus standi and cause of action to file the present complaint; complainant is estopped by his own acts and conduct from filing the present complaint ; that complainant has not approached this Forum with clean hands; that complainant has accepted the amount of Rs.2,89,000/-  qua the loss suffered by him in full and final settlement of his claim, therefore, he has no right to claim any compensation from the OP and that the complaint is false, frivolous and vexacious  and has been filed just to extort compensation.

                   On merits, it has been submitted that complainant had already accepted the amount of Rs.2,89,000/- qua loss suffered by him from OP on non standard basis due to non fitness of the vehicle and given statement to that effect. Even despite letters, complainant had not supplied route permit and fitness certificate to the OP. It has been asserted that OP had rightly paid the amount of Rs.2,90,000/- to the complainant on non standard basis and there was no deficiency in services on the part of the OP.

3.                In evidence of the complainant, he filed his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10.

4.                On the other hand, in evidence of the OP, affidavit of Sh.Veer Parkash Bhardwaj, Branch Manager Ex.O1 and documents Ex.O2 to Ex.C5 have been tendered.

5.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

6.                Admittedly, the vehicle of the complainant was insured by the OP for a sum of Rs.3,91,944/- .The said vehicle was stolen. The OP paid a sum of Rs.2,90,000/- to the complainant on non standard basis due to non fitness   of the vehicle at the time of theft. The complainant has claimed that he is entitled to the entire assured  amount  i.e. Rs.3,91,944/- and OP  was not justified in paying less amount on non standard basis.

 

7.                Thus, the question which arises for consideration is whether the insurance company has right to pay the claim on non standard basis on the ground that vehicle was not having fitness certificate at the time of theft.  Such question was considered by the Hon’ble National Commission in  G.Kothainachiar Vs.United India Insurance Company Ltd. and others IV(2007) CPJ 347 (NC) wherein the vehicle damaged in an accident but the claim  form for   reimbursement of the loss/damage was  rejected by the Insurance Company on the ground that vehicle was not having fitness certificate on the date of accident. The contention of the Insurance Company in that  regard was not accepted. It was held that there was no  breach of the policy condition, therefore, claim could not be repudiated.

8.                The proposition of law laid down in the aforecited authority squarely covers the facts of the present complaint. The OP has not produced the copy of the insurance policy.  Even in the written statement, it has no where been mentioned as to which term or condition of the insurance policy was violated by the complainant by not having fitness certificate of his vehicle at the time of theft. Even there is no material on the basis of which it may be considered that vehicle was not  in good condition and not fit  to be plied on the date of theft.  Therefore, OP had no right to pay claim to the complainant on non standard basis merely on the ground that there was no fitness certificate of the vehicle on the date of theft.  The complainant was entitled to get entire assured amount and nonpayment thereof certainly amounted to deficiency in services on the part of the OP.

9.                 The OP has also raised plea that complainant had accepted the claim on non standard basis voluntarily in full and final settlement of his claim and he had given in writing to that effect, therefore, he is not entitled to claim entire assured amount and his complaint is not maintainable.

10.               This plea of the OP  cannot be accepted. The copy of the discharge voucher Ex.O2 shows that portion “ I/we hereby voluntarily give discharge receipt  to the Company in full and final settlement of all my /our claims or future arising directly/indirectly in respect of the said loss/accident.  I/We hereby also subrogate all my/our rights and remedies to the Company in respect of the above loss/damage”  has been marked black with sketch pen indicating that said portion of the voucher was not accepted by the complainant while accepting the amount of Rs.2,89,000/-. Therefore, it cannot be said that the complainant had accepted the amount of Rs.2,89,000/- as full and final settlement for his claim. Moreover, even if it is accepted that complainant had accepted the amount of Rs.2, 90,000/- in full and final settlement of the claim, he would not be estopped from claiming further amount from the Insurance Company since mere receipt of amount  without any protest will not debar him from claiming  compensation according to law.

 

11.               As a sequel to the foregoing discussion, we accept the present complaint and direct the OP to make the payment of Rs.1,02,944/- to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e.  25.08.2011  till its actual realization. The complainant shall also be entitled for  a sum of Rs.10000/- for the mental agony and harassment caused to him and the ligation expenses. The OP shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:18.09.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )       (Smt.Shashi Sharma)    

   Member.                             Member.

 

 

Present:        Sh.Suresh Kakkar Advocate for the complainant.

                   Sh.Virender Sharma  Advocate for the OP.

 

 

                   Arguments heard. For orders, the case is adjourned to 18.9.2015.

Announced
dated:14.09.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )       (Smt.Shashi Sharma)    

   Member.                             Member

 

Present:        Sh.Suresh Kakkar Advocate for the complainant.

                   Sh.Virender Sharma  Advocate for the OP.

 

 

                   Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
dated:18.09.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )       (Smt.Shashi Sharma)    

   Member.                             Member