ORDERS:

Charanjit Singh, President;

1        The complainant Bakshish Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against Reliance General Insurance Company, Reliance Centre, 19, Walchand Hirachand Margh, Ballard Estate, Mumbai, through its General Manager and others (Opposite Parties) on the allegations of deficiency in service and negligence in service on the part of opposite parties with prayer to direct the opposite parties-Insurance Company to reimburse the whole claim IDV amount to the tune of Rs. 2,00,000/- of the accidental Vehicle as stated above as well as Rs. 2,00,000/- as personal accident claim alongwith interest at the rate of 18% P.A to the complainant .  The opposite parties No. 1 and 2 may also be directed to pay Rs. 50,000/- as compensation and Rs. 25,000/- as litigation charges.

2        The case of the complainant in brief is that he is registered owner of a Motor Car Model Chevrolet Spark having registration No.PB46-K-5423, Engine No. 1554917KC2, Chassis No.062003 which was hypothecated by HDFC Bank. Ltd. The complainant was using the above said car for his personal use. On 15.10.2014, the complainant got insured his above said vehicle from the Opposite parties No. 1 & 2 through Insurance Policy Agent/Intermediary Code/Name 20A16564/Sunita i.e. opposite party No.3, after paying the premium of Insurance Policy at Tarn Taran. Moreover, in the above said policy, personal accident cover was also included for the owner-driver to the tune of Rs.2,00,000/-  after paying extra premium of Rs.100/- by the complainant to the Insurance company beside the insurance of the said Vehicle. The complainant paid the premium of the above said insurance policy to the opposite party No.3 at Tarn Taran. To get insured his above said vehicle from opposite parties No. 1 & 2 and as such, he is beneficiary of the services provided by opposite parties No.1 to 3 and hence, the complainant is consumer of opposite parties i.e. Insurance Company under the provisions of Consumer Protection Act, 1986 and he is legally entitled to receive the benefits and subsists as per the terms and conditions of the insurance policy being consumer of opposite parties. On 26.02.2015, the above said vehicle of the complainant met with a road side accident near Voin-Poin Chownk, Tehsil Khadoor Sahib, District Tarn Taran. The opposite parties - Insurance Company was duly intimated on the same day and spot inspection was done by the surveyor, sent by the opposite parties - Insurance Company and a Rapat No.06  dated 03.03.2015 was lodged at Police Post Fatehabad, to this effect. In the above said accident, the complainant was also injured and was medically treated at Guru Nanak Dev Super-Specialty Hospital, Tarn Taran as well as EMC. An amount of Rs.1,00,000/- approximately incurred on his medical treatment. Due to this accident, the above said vehicle of the complainant has been totally damaged from the front side beyond repair. After the spot inspection and as per instructions of Insurance Company, the above said accidental vehicle was brought at Shingari Motor, Amritsar, where the said vehicle is still lying in its damaged condition and its condition has been depreciating/ decaying day by day. All the documents as demanded by the surveyor were provided to him. But now opposite parties have not been disbursing the amount of Rs.2,00,000/- which they are under legally obligation to pay the same to the complainant.  The complainant approached the concerned authorities of opposite parties with the request to disburse the whole IDV amount as per the insurance policy. The opposite parties also liable to pay personal accident claim to the tune of Rs.2,00,000/- to the complainant as per the insurance policy, but opposite parties did not put ears to the requests of the complainant and has been putting of the matter on one pretext or the other. The complainant also got E-mailed to IRDA, Beema Lokpal, Branch Manager as well as to the head office of opposite parties for the above mentioned claim & to dealt with the matter leniently but without any success. The opposite parties have not paid any heed to the matter of the complainant. Moreover, a legal notice dated 02.02.2016 was also served upon the opposite party No.2, by the complainant through his counsel from Tarn Taran whereby the opposite parties were again requested to make the payment of the amount in dispute within period of 15 days from the receipt of the said legal notice. The said notice was duly served upon opposite parties on its correct address but inspite of services of the notice, the opposite parties have failed to make the payment of amount in question to the complainant till date. Feeling dissatisfied by the act and conduct of the opposite parties, the complainant perforce has filed this complaint against the opposite parties.

3        After formal admission of the complaint, notice was issued to Opposite Parties and Opposite Parties No. 1, 2 appeared through counsel and filed written version taking preliminary objections that the complaint is not maintainable in the present Forum. The complainant has not come to this Forum with clean hand and he has suppressed the true and material facts from this Forum. The complainant himself has not fulfilled the terms and conditions and has concealed the material facts. The documents demanded by the opposite parties No. 1 and 2 have not been provided by the complainant. As per assessment and surveyor report, after the spot inspection provided to the opposite parties No. 1 and 2, copy of the said bills, surveyor report, assessment done by the surveyor as per the said documents opposite parties No. 1 and 2 were ready since from the first day but the complainant has not shown any keen interest as opposite parties No. 1 and 2 have sent number of intimation letter to the complainant to give his consent regarding the matter. But despite that complainant is not ready to comply with as the alleged vehicle insured with the opposite parties No. 1, 2 is not a total lost, as such, assessment and bills provided by the surveyor, Opposite Parties No. 1, 2 are ready to pay the said amount. Since the alleged occurrence complainant has done nothing and the vehicle is lying with the agency and if any further damages is caused complainant will be liable for his illegal acts. The complainant has not conveyed to the correspondence made by the Opposite Parties No. 1, 2 and complainant himself is responsible for the wrong act and conduct done by him because due to his negligence and unethical act, the vehicle is lying in the agency as per the assessment and bills submitted. The complainant has not given his consent for repairing the vehicle, as such, the present complaint is not maintainable and a misuse and abuse of connivance with some agent, as such, the complaint of the complaint be dismissed with heavy costs. This Forum has no jurisdiction to try and entertain this complainant. On merits, it was pleaded that the complainant has not placed on record any alleged bills neither any such intimation was ever given to the opposite parties No. 1, 2  as the opposite parties No. 1, 2 have denied that the complainant was injured in the accident and he was medically treated at Guru Nanak Dev Super Specialty Hospital Tarn Taran as well as EMC Super Specialty and Heart Care Centre Amritsar. A totally false claim has been put by the complainant. The alleged documents are created and prepared at a very belated stage just to fill up lacunas in the present case. The opposite parties No. 1 and  2 have denied the other contents of the complaint and finally prayed for dismissal of the complaint.

4        Notice was issued to the opposite party No. 3 (Rahul Piplani) and opposite party No. 3  (Rahul Piplani) has been served but none has appeared on behalf of opposite party No. 3 (Rahul Piplani), consequently, the opposite party No. 3 (Rahul Piplani) has been proceeded against exparte vide order dated 4.8.2016 of this Forum.

5        In order to prove his case, the complainant has tendered in evidence his affidavit Ex. C-1 alongwith documents Ex. C-2 to Ex. C-15 and closed his evidence.  To rebut the evidence of the complainant, the opposite parties No. 1, 2 have tendered in evidence affidavit of Dushant Kumar Manager Legal Ex. OPs 1,2/1 alongwith documents Ex. OPs1,2/2 to Ex. OPs 1,2/10 and closed the evidence. 

6        We have heard the Ld. Counsel for complainant, opposite parties No. 1, 2 and have gone through the evidence and documents placed on the file by the parties.

7        Ld. counsel for the complainant contended that the complainant is registered owner of a Motor Car Model Chevrolet Spark having registration No.PB46-K-5423, Engine No. 1554917KC2, Chassis No.062003 which was hypothecated by HDFC Bank. Ltd. and the registration certificate of the Car is Ex. C-2. The complainant was using the above said car for his personal use. On 15.10.2014, the complainant got insured his above said vehicle from the Opposite parties No. 1 & 2 and the insurance policy is Ex. C-3. He further contended that in the above said policy, personal accident cover was also included for the owner-driver to the tune of Rs.2,00,000/-  after paying extra premium of Rs.100/- by the complainant to the Insurance company beside the insurance of the said Vehicle. He further contended that on 26.02.2015, the above said vehicle of the complainant met with a road side accident near Voin-Poin Chownk, Tehsil Khadoor Sahib, District Tarn Taran. The opposite parties - Insurance Company was duly intimated on the same day and spot inspection was done by the surveyor, sent by the opposite parties - Insurance Company and a Rapat No.06  dated 03.03.2015 was lodged at Police Post Fatehabad, to this effect and the Rapat  is Ex. C-4. He further contended that in the above said accident, the complainant was also injured and was medically treated at Guru Nanak Dev Super-Specialty Hospital, Tarn Taran as well as EMC. An amount of Rs.1,00,000/- approximately incurred on his medical treatment. He further contended that due to this accident, the above said vehicle of the complainant has been totally damaged from the front side beyond repair. After the spot inspection and as per instructions of Insurance Company, the above said accidental vehicle was brought at Shingari Motor, Amritsar, where the said vehicle is still lying in its damaged condition and its condition has been depreciating/ decaying day by day. He further contended that all the documents as demanded by the surveyor were provided to him. But now opposite parties have not been disbursing the amount of Rs.2,00,000/- which they are under legally obligation to pay the same to the complainant.  He further contended that the complainant approached the concerned authorities of opposite parties with the request to disburse the whole IDV amount as per the insurance policy Ex. C-3. He further contended that the opposite parties also liable to pay personal accident claim to the tune of Rs.2,00,000/- to the complainant as per the insurance policy, but opposite parties did not put ears to the requests of the complainant and has been putting of the matter on one pretext or the other. He further contended that a legal notice dated 02.02.2016 (Ex. C-10) was also served upon the opposite party No.2, by the complainant through his counsel from Tarn Taran whereby the opposite parties were again requested to make the payment of the amount in dispute within period of 15 days from the receipt of the said legal notice.

8        Ld. counsel for the opposite parties No. 1 and 2 contended that the complaint is not maintainable in the present Forum. The complainant has not come to this Forum with clean hand and he has suppressed the true and material facts from this Forum. The documents demanded by the opposite parties No. 1 and 2 have not been provided by the complainant. As per assessment and surveyor report, after the spot inspection provided to the opposite parties No. 1 and 2, copy of the said bills, surveyor report, assessment done by the surveyor as per the said documents opposite parties No. 1 and 2 were ready since from the first day but the complainant has not shown any keen interest as opposite parties No. 1 and 2 have sent number of intimation letter to the complainant to give his consent regarding the matter. But despite that complainant is not ready to comply with as the alleged vehicle insured with the opposite parties No. 1, 2 is not a total lost, as such, assessment and bills provided by the surveyor, Opposite Parties No. 1, 2 are ready to pay the said amount. Since the alleged occurrence complainant has done nothing and the vehicle is lying with the agency and if any further damages is caused complainant will be liable for his illegal acts. He further contended that the complainant has not conveyed to the correspondence made by the Opposite Parties No. 1, 2 and complainant himself is responsible for the wrong act and conduct done by him because due to his negligence and unethical act, the vehicle is lying in the agency as per the assessment and bills submitted. The complainant has not given his consent for repairing the vehicle, as such, the present complaint is not maintainable and a misuse and abuse of connivance with some agent, as such, the complaint of the complaint be dismissed with heavy costs. He further contended that the complainant was injured in the accident and he was medically treated at Guru Nanak Dev Super Specialty Hospital Tarn Taran as well as EMC Super Specialty and Heart Care Centre Amritsar and prayed for dismissal of the complaint.

9        In the present case, insurance of the vehicle in question is not disputed and the accident of the vehicle in question is not disputed. In the written version, the opposite parties pleaded that from the first day but the complainant has not shown any keen interest as opposite party has sent number of intimation letters to the complainant to give his consent regarding the matter but despite that complainant is not ready for the same. The complainant has placed on record estimate Ex. C-13 of Shangari motors for Rs. 91,325/-, estimate Ex. C-14 of Shangari Motors for Rs. 46,170/-, estimate Ex. C-15 of Shangari Motors for Rs. 34,700/- total Rs. 1,72,195/-.  As such, it shows that the total loss to the car of the complainant has occurred to the tune of Rs. 1,72,195/-. The opposite parties have also placed on record the estimate of Shangari Motors alongwith their written version as such, there is no doubt in the documents Ex. C-13 to Ex. C-15 .  However, as per letter dated 18.6.2015 Ex. OPs1,2/6 the opposite parties No. 1 and 2 made the offer for the settlement of Rs. 80,000/-. The insurance company has not cleared in their stand on which basis they are ready to pay Rs. 80,000/-. However, the estimate to the vehicle in question was given by the Shangari Motors to the tune of Rs.1,72,195/- vide Ex. C-13 to Ex. C-15. The IDV value of the vehicle in question in the insurance policy is mentioned as Rs. 2,00,000/- as per Ex. OPs1,2/9. The opposite parties-Insurance company has also not placed on record any report of the surveyor for supporting their case of payment of Rs. 80,000/-. The stand of the insurance company that they sent the letters to the complainant, but the complainant did not give his consent for the same has no help to the insurance company because the loss has been occurred to the vehicle in question to the tune of Rs. 1,72,195/-.  By not giving the genuine claim of the complainant as per Ex. C-13 to C-15, it amounts to deficiency in service on the part of the opposite party and the opposite parties are liable for the payment of Rs. 1,72,195/- to the complainant. However, the complainant has not placed on record any bill of the hospital regarding his treatment as such, in the absence of any bill for his treatment, the complainant is not entitled to for the personal accident claim.

10      In view of the above discussion, the present complaint is party allowed and the opposite parties No. 1 and 2 are directed to make the payment of Rs. 1,72,195/- (Rs. One Lac Seventy Two thousand, one hundred and ninety five only) to the complainant. The complainant is also entitled to interest at the rate of 6% per annum from the date of this complaint on the awarded amount. Complainant is also entitled to Rs.7,500/- ( Rs. Seven thousand and five hundred only) as compensation on account of harassment and mental agony and Rs 5,000/- (Rupees Five Thousand only) as litigation expenses. Opposite Parties NO. 1, 2 are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.