CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.831/2008
SH. SANJAY GUPTA
THE SOLE PROPRIETOR OF
M/S SUPER ROAD LINES
HOUSE NO.C-147, VINOD NAGAR,
NEW DLEHI-110091
ALSO AT:-
E-2/244, 2ND FLOOR, SHASTRI NAGAR,
NEAR SHASTRI NAGAR METRO STATION,
DELHI
…………. COMPLAINANT
VS.
THE MANAGER
RELIANCE GENERAL INSURANCE CO. LTD.,
D-193, 2ND FLOOR,
OKHLA INDUSTRIAL AREA, PHASE-I,
NEW DELHI-110020
………….. RESPONDENT
Date of Order:16.03.2016
O R D E R
A.S. Yadav – President
Complainant took the insurance policy from OP for a period from 03.11.2007 to 02.11.2007 in respect of his Indigo car bearing registration No.DL-8CM-1357 and paid premium of Rs.8,900/- by way of cheque No.444475 dated 31.10.2007 drawn on Centurain Bank of Punjab Ltd. OP issued a cover note in this regard.
It is further stated that the car of complainant met with an accident on 25.07.2008 and was badly damaged and intimation of the same was duly given to OP immediately. Thereafter the car was towed to authorized workshop of Tata Motors namely Narain Singh and Sons at G.T. Karnal Road for its repair on 26.07.2008. The said workshop issued the estimate cost of the repair for a sum of Rs.1,17,482/- to complainant and also intimated about the estimate to the Mr. Tejinder Singh, surveyor of OP.
Complainant was not issued insurance policy despite payment of premium as such he could not produce the policy as demanded by the workshop. Complainant approached OP for issuance of policy but the same was not issued and no steps were taken for settlement of claim. Finding no alternative, complainant issued legal notice dated 25.8.2008 which was duly served on OP. Despite that the claim was not settled. It is prayed that OP be directed to pay insurance claim of Rs.1,17,482/- plus Rs.1,200/- for payment of crane plus Rs.1 lakh for hiring the taxi alongwith interest @ 18% p.a. on the above said amount plus Rs.2 lakhs towards compensation for mental harassment.
OP in the written statement has not disputed that the cover note was issued and premium was paid through cheque. It is not disputed that intimation was received regarding the accident and intimation was also sent to the surveyor. The only plea taken by OP is that the cheque issued in respect of the premium was dishonoured on presentation hence cover note was null and void ab initio and there does not exist any contract of insurance between complainant and OP. It is prayed that complaint be dismissed.
We have heard Ld. Counsel for the parties and carefully perused the records.
The claim has been repudiated only on the ground that the cheuqe issued towards the premium was dishonoured hence no contract of insurance has come into existence. OP has not placed any document on record to show that the cheque was dishonoured. OP has not placed on record the memo regarding the dishonouring of the cheque. On the contrary complainant specifically stated in the complaint that the cheuqe was duly honoured and so stated in the legal notice dated 25.08.2008 but OP for the reason best known to it did not bother to look into the its records. Complainant has placed on record the statement of account issued by the bank of complainant which clearly shows that the cheque in question was duly cleared and the amount was transferred into the account of OP hence the plea taken by OP in this regard is perse false and affidavit fled by its witness Mr. Rakesh Kumar, Manager-Legal of OP in this regard is false. It is a clear cut case of deficiency in service on the part of OP.
OP is directed to pay to complainant Rs.1,17,482/- alongwith interest @ 9% p.a. from August 2008 plus Rs.20,000/- for compensation and Rs.10,000/- towards litigation expenses.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
