BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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I.D.Ali S/o Sh.Amir Hussain, r/o H.No.2085, BDC, Sector 26, Chandigarh.

…..Complainant

                                      V E R S U S

Reliance General Insurance Co., SCO No.145-146, Top Floor, Above VLCC, Sector 9-C, Chandigarh.

                                                ……Opposite Party

CORAM:     SH.P.D.GOEL                                    PRESIDENT

                   SH.RAJINDER SINGH GILL               MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by:    Complainant in person.

                        OP – Exparte.

PER P.D.GOEL,PRESIDENT

1.           Briefly stated, the facts of the case are that the complainant got insured his vehicle (Three Wheeler) bearing No.CH04-L-6050 from OP vide policy No.111000022010 dated 24.4.2011, which is valid upto 19.4.2012. The said vehicle met with an accident on 20.9.2011 and at the time of accident, the driver of the vehicle namely Sh.Furkan was holding a valid driving licence. The complainant took the vehicle to M/s CMPL Motors Pvt. Ltd., Chandigarh for necessary repairs and the said agency issued the bill of Rs.9403/- for repair. The complainant lodged the claim and as such, the OP appointed the surveyor to assess the loss. The surveyor demanded Rs.1,000/- as bribe to sanction the said claim but the complainant refused to pay the same, so, the surveyor in his report changed the name of the driver from Furkan to Mohd.Tahir. The complainant requested the OP to release the claim amount but to no avail. Hence, this complaint.

2.           OP failed to appear, despite due service,  hence, OP was proceeded against exparte vide order dated 24.1.2012.

3.           The complainant led evidence in support of his contentions.

4.           We have heard the complainant in person and have also perused the record. 

5.           The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures (Page No.5 to 9). Page No.5 is the copy of Certificate-cum-Policy Schedule. From this document, it is proved that the complainant got his vehicle bearing No.CH04L6050 insured from the OP for the period from 20.4.2011 to 19.4.2012.   Page No.6 is the copy of Proposal-cum-Cover Note. Page No.7 is the copy of the driving licence of the driver namely Sh.Furkan, issued by the Sub Regional Transport Officer, Bijnor, which is valid upto 31.3.2017. Page No.8 is the copy of repair bill issued by CMPL Motors Pvt. Ltd. for Rs.9403/-. Page No.9 is the copy of Registration Certificate of vehicle No.CH04-L-6050 issued by the Licencing Authority, Chandigarh, which was valid upto 27.6.2012.

6.           Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OP to contest the case. Non-release of the claim amount amounts to gross deficiency in service on the part of the OP. 

7.           As a result of the above discussion, the complaint is allowed and the OP is directed to pay the claim amount of Rs.9403/- on account of repair of the vehicle. OP is also directed to pay Rs.5000/- to the complainant as compensation for mental agony and harassment besides Rs.2500/- as costs of litigation. 

8.           This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to pay total amount of Rs.14,403/- along with penal interest @ 12% p.a. from date of filing of the complaint i.e. 16.12.2011 till its realization besides Rs.2500/- as litigation costs.

9.           Certified copies of this order be sent to the parties free of charge. The file be consigned.