Haryana

Rewari

CC/236/2012

Rajesh - Complainant(s)

Versus

Reliance Gen. Ins.Co. Ltd. - Opp.Party(s)

Abhimanyu Rao

21 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,   REWARI.

 

                                                Consumer Complaint No: 236 of 2012.

Date of Institution:    14.5.2012.

Date of Decision :     21.1.2015.

 

Rajesh    of  Desh Raj   resident of  VPO Chillhar, Tehsil and   Distt.  Rewari. 

 

                                                                         …....Complainant.

                                      Versus

 

1. Reliance  General Insurance Company Ltd. 19, Reliance Centre, Wal Chand Hira Chand Marg, Mumbai 400 001through its Manager,
2. Reliance General Insurance Company Ltd. 4^th Floor, Shop no. Raheja Square, IMT Manesar, Gurgaon through its branch Manager.

 

                                                                 ….…Opposite Parties.

 

Complaint Under Section 12  of Consumer Protection Act

 

 

        Before:  Shri  Raj  Kumar ………. …..………..PRESIDENT

                       Shri Kapil Dev Sharma…………………MEMBER

 

 

Present :        Shri Abhimanyu Rao, Advocate for the complainant.

                       Shri Ashok Yadav, Advocate for the opposite parties. 

 

                      

                                           ORDER

                                   

 Per  Raj Kumar President

                  

                             Factual matrix comprising the case of the complainant,  shorn  of  details, is that the vehicle Indica Car bearing registration no. HR- 08F / 0063  duly insured with the opposite parties  for the period  from 23.8.2008 to 22.8.2009  met with an accident on 9.3.2009 and  to this effect FIR no. 42  was lodged on the same  date i.e. 9.3.2009. Accordingly, he took steps for getting the insured amount of Rs. 1,35,000/- but no heed was paid towards his requests; hence, this complaint.

2)                         In reply, it is alleged that   Mr. Anil Juneja Surveyor and loss assessor so deputed assessed the total loss on the basis of cash loss of Rs. 79,500/-. Thereafter, Mr. Gurjeet Chawala was deputed as investigator who on the basis of claim form, statement of Vijay Singh and that of complainant and receipt of police of Police Station Ateli  found that  the complainant  had sold the vehicle to Vijay Singh who was the  actual owner in possession of the vehicle at the time of loss and Sanjay was the driver of the vehicle, hence complainant has no insurable interest and as such the claim was rightly repudiated.

3)                         We have heard both the counsel for the parties and gone through both oral as well as documentary evidence available on the file.

4)                         It is not disputed that the vehicle in question was

involved in accident as alleged in the complaint.  It is also not disputed that Mr. Anil Juneja Surveyor was deputed to investigate and assess the total loss of the vehicle.  The assessor estimated the loss as Rs. 79500/-.  The claim was, however, repudiated by the opposite parties   on  the basis  of  investigation report of Mr. Gurjeet Chawala  Investigator of the company, who reported that on the date of loss i.e. 9.3.2009 the complainant was not in owner and in possession of the vehicle.  It was Vijay Singh who was the owner in possession at the time of loss.   A perusal of the investigation report goes to show that the investigator has not based his report on any cogent evidence but he relied upon statement before police, etc.  The investigator has relied upon some blank papers of affidavits on which even the name of purchaser was not mentioned and it was blank.  Thus, the report of the investigator is based on presumptions and assumptions and does not have any legal force.  On the other hand, it is not disputed that on the date of loss, complainant was registered owner of the vehicle.  Thus, the repudiation of the claim is not justified and being illegal is set aside.  

5)                         Resultantly, the complaint is allowed directing the opposite parties to pay the surveyor assessed amount of Rs.                   79,500/- to the complainant with interest @ 9% p.a. from the date of filing of this complaint till payment.  The complainant is also allowed compensation to the tune of Rs. 10,000/- and litigation expenses which are quantified at Rs. 5500/- against the opposite parties. Let compliance of be made within one month from the date of receipt of the copy of this order.

Announced

21.1.2015.                          

                                                                    President,

                                                          Distt. Consumer Disputes

                                                          Redressal Forum, Rewari.

 

                    Member, 

             DCDRF,Rewari.