Haryana

StateCommission

A/483/2015

VEDPAL SINGH - Complainant(s)

Versus

RELIANCE GEN.INSURANCE CO. - Opp.Party(s)

C.S.SINGHAL

27 Apr 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                       

First Appeal No.483 of 2015

Date of Institution:26.05.2015    Date of Decision:27.04.2016

 

Vedpal Singh S/o Sh.Dhara Singh, r/o Village Titoli, Tehsil and Distrtict Rohtak.

     …..Appellant

                                                Versus

 

1.       Reliance General Insurance Co. Ltd., Office at Model town, D-park, Rohtak through its Branch Manager.

2.       Reliance General Insurance Co. Ltd., SCO No.212-214, Sector 34-A Chandigarh through its Divisional Manager.

         …..Respondents

CORAM:     Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-     Mr.Chander SShekhar proxy counsel for Mr.S.P.Chahar, Advocate for the appellant.

                   Sh.Gaurav Sharma, Advocate counsel for the respondents.

 

                                      O R D E R

 

URVASHI AGNIHOTRI MEMBER:

 

1. Vedpal Singh – complainant is in appeal for the modification of the Order dated 28.11.2014 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum’), Rohtak, vide which his complaint has been disposed of.
2. In brief, the complainant was a registered owner of Tata Indica V2 bearing registration No.HR-12H-8391 and got his vehicle insured from the OP vide Policy No.2015792311004704 valid from 17.12.2009 to 16.12.2010, for a sum of Rs.2,80,000/-. On 07.12.2010, due to short circuit the car caught fire and got completely damaged. The  complainant informed the official of the OP on which, the vehicle was got surveyed and D.D.R. No.12 dated 09.12.2010 was got registered in P.P. HUDA, Sector 20 Sirsa. The complainant applied for the insurance claim, but the same was repudiated by the OP company on the ground that the complainant had in the mean time sold the vehicle to one Joginder Singh, who was registered owner of the vehicle. Aggrieved against this, complainant approached the District Forum claiming the insured amount of Rs.2,80,000/- and the damages for harassment and mental agony etc.   
3. In reply, OP pleaded that the claim of the complaint had been rightly repudiated as he was having no insurable interest and had sold the vehicle to one Joginder Singh and had received the full payment in consideration of the vehicle. As such, there was no deficiency in service on the part of the OP in repudiating the claim. Thereupon, the learned District Forum disposed of the complaint by granting the following relief:-

“8. In view of the aforesaid law which are fully applicable on the facts and circumstances of the case, it is observed that OP shall pay the amount of Rs.1,99,500/- alongwith interest @9% p.a. from the date of filing the present complaint i.e. 24.10.2011 till its actual realization and shall also pay a sum of Rs.2,200/- as litigation expenses to the complainant maximum within one month from the date of decision failing which the awarded amount of Rs.1,99,500/- shall fetch interest @12% p.a. from the date of decision”.

4. Against this impugned order dated 28.11.2014, the complainant has come up in appeal before us and has vehemently reiterated the contentions raised before the District Forum. In nutshell the appellant contends that the car was insured from the respondents for a sum of Rs.2,80,000/- and the complainant is entitled for the refund of the total amount without any deduction by OP.
5.    We have heard the learned counsel for the parties and have also gone     through the record. It is evident that even though the complainant had sold the vehicle in question in favour of one Joginder Singh, the facts stand that the insurance as well as R.C. of the vehicle still remained in the name of the complainant. Therefore, according to the law rightly relied upon by the learned District Forum, the complainant did have the insurable interest and a right to approach the District Forum. So far as the amount of damages is concerned, the OP has stated in their reply that they had got the vehicle inspected and the loss assessed by their surveyor, who has filed his survey report (Ann. R-5) assessing the loss of Rs.1,99,500/- Therefore, the learned District Forum rightly disposed of the complaint by awarding compensation of Rs.199,500/- along with interest, as no additional evidence was produced by the complainant in support his claim for the enhancement of damages. Consequently, we do not find any merit in this appeal and the same is dismissed.

 

April 27th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.