Punjab

StateCommission

FA/12/792

Raghav Garg - Complainant(s)

Versus

Reliance General Insurance Company Ltd. - Opp.Party(s)

Akashdeep Batra

07 Jul 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION, PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

 

First Appeal No.792 of 2012

                                    Date of Institution: 11.06.2012

                                    Date of Decision  :         07.07.2015

 

Raghav Garg s/o Sh. Sushil Garg, Flat No.17, HIG, Ground Floor Block, A.B.R.S Nagar, Ludhiana.                               

                                                                   …..Appellant/complainant

Versus

 

1.      Reliance General Insurance through its authorized officer SCO        No.212 to 214, Sector 34-A, Chandigarh.

2.      Reliance General Insurance through its Senior Branch   Manager, 38-B, Himalaya House, J.L Nehru Road, 8th Floor,        Kolkatta 700071

                                                  .….Respondents/Opposite Parties                                                      

First appeal against order dated 30.04.2012 passed by the District Consumer Disputes Redressal Forum, Ludhiana.

Quorum:-

     Shri J. S. Klar, Presiding Judicial Member.

             Shri H.S. Guram, Member.

Present:-

 

     For the appellant                   :     Sh. Akashdeep Batra, Advocate.

For the respondents    :     Sh.T.K.Johsi, Advocate.

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                   The appellant of this appeal (the complainant in the complaint) has directed this appeal against respondents herein (the opposite parties in the complaint), assailing order dated 30.04.2012 of District Consumer Disputes Redressal Forum Ludhiana (in short, “the District Forum”), dismissing the complaint of the complainant.

2.                The complainant has filed the complaint under Section 12 of the Consumer Protection Act, 1986 (in short "Act") against the OPs on the averments that he earlier filed complaint no.806 of 2010, which was decided on 12.07.2011 with the direction to OP to decide the claim of the complainant regarding the stolen car bearingno.PB-10-CL(T)-6437 within a period of 60 days. On failure to comply with the above order of the District Forum Ludhiana, the complainant filed the execution application in 09/2011 & on 17.02.2012. OP tendered the cheque dated 27.01.2012 for Rs.4,22,500/-, which was accepted by the complainant under protest, while reserving the right to file the fresh complaint. The District Forum vide its order dated 17.02.2012 decided the execution application as dismissed as withdrawn in view of the statement of the applicant. The complainant reserved his right to file the complaint. The OPs handed over the cheque dated 27.01.2012 on 17.02.2012 for Rs.4,22,500/- to complainant against the claim of stolen car number PB-10-CL(T)-6437 against insured declared value (IDV) of Rs.4,37,666/- including vehicle, accessories, music system etc. OPs are, thus, liable to pay the difference of short amount of Rs.15,156/-, because the stolen vehicle, as referred above was insured with OPs for Rs.4,37,666/- for the period 17.10.2009 to 16.10.2010, vide policy no.1501092311000624 and charged premium of Rs.10,416/- against IDV of the said vehicle. The vehicle was stolen on the midnight at 01.30 am of 07.11.2009. The OPs have no right to deduct the sum of Rs.15,156/- out of IDV of Rs.4,37,666/-. The complainant has filed the complaint directing the OPs to make the payment of the remaining due amount of Rs.15,156/- alongwith interest @ 18% per annum from 07.11.2009. The OP took the defence of non-submission of documents for delay in the settlement of insurance claim of the complainant i.e. claim form, final non-traceable report issued u/s 173 of Cr.PC & invoice without any basis. The complainant has, thus, prayed that OPs be directed to pay the interest @18% per annum i.e.1,72,063/- on the amount of Rs.4,22,500/- from 11/2009 to 17.02.2012, besides Rs.2 lakhs as compensation for mental harassment and Rs.11,000/- as costs of litigation.

3.                Upon notice, OPs were set ex-parte vide order dated 20.04.2012.

4.                The complainant tendered in ex-parte evidence his affidavit Ex.C-A alongwith documents Ex.C-1 to C-4 and closed the evidence. On conclusion of evidence and arguments, the District Forum Ludhiana dismissed the complaint of the complainant by virtue of order dated 30.04.2012. Aggrieved by this order, the complainant, now appellant has preferred this appeal against the same.

5.                We have heard learned counsel for the parties and have also examined the record of the case minutely. The submission of counsel for the appellant is that appellant/complainant reserved his right for filing fresh complaint for the recovery of balance amount + interest and hence fresh complaint was filed pursuant to order of District Forum dated 12.07.2011. The counsel for the appellant argued that the IDV of the vehicle was Rs.4,37,666/- and OPs only gave cheque of the amount of Rs.4,22,500/- to the complainant against the claim of the above stolen car, but OPs had not given the difference amount of Rs.15,156/- to the complainant despite charging premium of Rs.10,416/- for the above IDV of the car. The counsel further argued that complainant is entitled to interest @18% on the IDV of the vehicle, besides the difference of amount of Rs.15,156/- alongwith interest thereon. It was further averred that OPs failed to settle the claim and kept the matter pending despite filing consumer complaint no.806 of 2010 by the appellant on the pretext of non-filing of documents.

6.                We have to examine the evidence on the record in this case. Previously, the complainant filed the complaint no.806 of 2010, decided on 12.07.2011 against the OPs. The District Forum accepted the complaint and directed the OPs to decide the claim of the complainant regarding stolen car bearing no.PB-10-CL(T)-6437 within 60 days period. The complaint was disposed of and it was ordered that complainant shall be at liberty to file the fresh complaint, if he felt so. The complainant was given right to file the complaint, if he was not satisfied with the claim, so settled by the OPs. On the basis of this order of District Forum Ludhiana dated 12.07.2011, the complainant has filed the present complaint. During execution proceedings, the complainant admittedly received the cheque of the amount of Rs.4,22,500/-, as per pleaded case of the complainant. The complainant claimed the difference amount of Rs.15,156/-, as the amount, which has been received by him is less than the IDV of the vehicle. We find that complainant has already received the cheque of the amount of Rs.4,22,500/- towards insurance claim from the OPs in compliance of the order of the Forum in complaint no.806 of 2010 decided on 12.07.2011. The counsel for the complainant/appellant could not point out on which point the OPs are deficient in service to him. We also find that complainant/appellant has not placed on record any substance on the file of District Forum showing the IDV of the vehicle, as pleaded by him. Consequently, we find no illegality in the order of District Forum under challenge in this case calling for any interference therein in this appeal.

7.                As a result of our above discussions, we find no merit in the appeal of the appellant, the same is hereby dismissed.

8.                Arguments in this appeal were heard on 03-07-2015   and the order was reserved. Now the order be communicated to the parties. The appeal could not be decided within the statutory period due to heavy pendency of court cases.

                                                                          (J. S. KLAR)

                                                         PRESIDING JUDICIAL MEMBER

                       

                                                                           (H.S.GURAM)

                                                                              MEMBER

 

July 7, 2015.                                                               

(MM)