BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 722of 2010 | Date of Institution | : | 29.11.2010 | Date of Decision | : | 28.03.2011 |
Gurpinder Singh Grewal s/o Sh.K.S.Grewal r/o H.No.1417, Sector 68, SAS Nagar, Mohali (earlier residing at V&PO Killa Raipur, District Ludhiana, (Pb.). ….…Complainant V E R S U S Reliance General Insurance Co. Ltd., through its Manager, Regional Office No.212-214, Sector 34-A, Chandigarh ..…Opposite Party CORAM: SH.RAJINDER SINGH GILL, PRESIDING MEMBER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER Argued by:Sh. Parminder Singh, Adv. for complainant. OP exparte. PER RAJINDER SINGH GILL, PRESIDING MEMBER Succinctly put, the Ashoka Leyland truck bearing registration No.PB-10-C-6904 was insured with the OP for the period 18.09.2009 to 17.09.2010. Unfortunately, the vehicle in question turned turtle on 13.01.2010 and suffered damages. The matter was reported to the OP who deputed Sh.Chander Shekhar, Surveyor and Loss Assessor. The complainant got his vehicle repaired by spending Rs.2,03,784/- on the advice of the surveyor. Thereafter, the complainant submitted the claim along with all the relevant documents but the same was repudiated by the OP on the ground that the cause of loss is out of scope of coverage provided under the insurance policy. Hence this complaint alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice. 2. OP duly served but it did not appear hence, it was proceeded against exparte vide order dated 3.2.2011. 3. The complainant led evidence in support of his contentions. 4. We have heard the learned counsel for the complainant and have also perused the record. 5. It is the admitted case of the complainant that when the accident took place his driver and the manager immediately informed the OP who after inspection of the vehicle advised them to take the vehicle for its repairs and Surveyor-Sh.Chander Shekhar was appointed by OP who inspected the vehicle on 15.01.2010. The complainant submitted the estimate (Annexure C-2). The surveyor advised the complainant to start the repair work and keep him informing regarding the additional expenses incurred by him. The CD of repair work carried out by M/s Raj Agro, Khanna who had repaired the truck was also submitted to the surveyor for its verification along with the photographs which were taken at the time of accident. The photographs were annexed as Annexure C-10. On 24.02.2010, the assistant of the surveyor came and took the final photographs and submitted those documents for settlement of the claim. The complainant had further submitted the documents i.e. estimate, R.C., road tax upto date paid, certificate of fitness, permit, copy of bills for Rs.2,03,784/-, FIR, D.L. of the driver who was driving the truck for the verification and processing the claim and thereafter the complainant had also been visiting the office of OP a number of times but OP had been delaying the matter on one pretext or the other and ultimately on 28.05.2010 OP had repudiated the claim after obtaining the second opinion on the ground that at the time of accident, the vehicle was not parked and neither it was being run as it was being used as a tool when it turned and got damaged. 6. The notice of the complaint was given to the OP and it was duly served but nobody appeared on its behalf before this Forum for the reasons best known to them. In our opinion, OP had repudiated the claim of the complainant on the flimsy grounds despite the fact that the truck was comprehensively insured with them. It certainly amounts to deficiency in service and unfair trade practice on the part of OP and, therefore, OP had not appeared deliberately before this Forum to defend their case. It appears that they have nothing to say. 7. In view of the foregoing findings, this complaint merits success and the same is allowed with a direction to OP to pay to the complainant a sum of Rs.2,03,784/- being the expenses incurred on the repair of the truck. OP is also directed to pay a sum of Rs.15,000/- to the complainant as compensation for mental agony and harassment besides Rs.5000/- as costs of litigation. 8. This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which OP shall be liable to pay the entire amount to the complainant along with penal interest @ 18% p.a. from the date of filing of the complaint i.e. 29.11.2010 till its realization besides costs of litigation. 9. Certified copies of this order be sent to the parties free of charge. The file be consigned. Sd/- sd/- | | | | March 28, 2011 | [Dr. (Mrs) Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | cm | Member | | Presiding Member |
| | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | MR. RAJINDER SINGH GILL, PRESIDING MEMBER | , | | 
