Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 155.
Instituted on : 13.04.2018.
Decided on : 16.10.2019.
Deepak Malik Age 44 years, s/o Shri Ram Kumar R/o Village-Kharawar, Distt. Rohtak.
………..Complainant.
Vs.
Reliance General Insurance Company Limited through its General Manager, S.C.O.No.103-104, 1st Floor Megna Complex, Sheela Bye-pass Chowk, Sonipat Road, Rohtak through its Manager.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.R.K.Nandal, Advocate for the complainant.
Sh. Sameer Gambhir, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that complainant got insurance policy No.1304562311000968 of vehicle registration no.HR-12R-1839. The above said vehicle was met with an accident on 01.03.2017. The complainant has intimated the respondent and lodged insurance claim vide claim no.3117036491 for the payment of repair amount and labour charges etc. That the respondent has requested the complainant to furnish the documents i.e. repair bill, repair estimate, pass book copy, aadhar card vide their letter dated 20.07.2017. Complainant approached the office of opposite party many times to submit the documents but officials of respondent are not receiving the documents. Lastly the respondent has verbally told the complainant that his claim file has been closed. That the act of opposite parties is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to disburse the insurance claim amount of Rs.102618/- alongwith interest @ 18% per annum from the date of accident till the date of actual realization and Rs.50000/- as compensation and Rs.11000/- as litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that complaint is not tenable as the complainant, instead of following the proper claim procedure and submitting the necessary documents, has approached this Forum prematurely and without any bonafide cause of action. That letter dated 29.07.2017, 04.09.2017 & 09.12.2017 were duly sent by registered post to the insured/complainant regarding the various documents that needed to be submitted by the complainant in order to claim settlement and the admissibility of claim or denial was to be confirmed after receipt of requisite claim papers and verification of documents. But since the insured/complainant has not responded to the reminder letters and final notice dated 09.12.2017 and thus, it is presumed that insured complainant is not interested in pursuing the claim and thus, present complaint is liable to be dismissed on this ground alone. Claim of the complainant is not payable on account of violation of Insurance contract. Otherwise also, the respondent company submitted that the assessment amount is Rs.16950/- of surveyor and the same is not payable. That there is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case.
4. Ld. Counsel for the complainant in his evidence tendered affidavits Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 07.03.2019. On the other hand, ld. Counsel for the opposite party No.1 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R7 and the evidence of opposite party was closed by the order dated 04.09.2019 of this Forum.
5. We have heard ld. counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case, the opposite party as per its report Ex.R2 has assessed the loss amounting to Rs.16950/- but the same has not been paid to the complainant by the opposite party for want of necessary documents. In this regard it is observed that opposite party vide its letter dated 20.07.2017 placed on record as Ex.C6 has demanded some documents i.e. repair bill, repair estimate, passbook copy and Aadhar Card from the complainant. It is also observed that the original bills are placed on the file.
7. In view of the facts and circumstances of the case, we hereby allow the complaint with direction to the complainant to deposit the copy of repair bills, pass book and Aadhar Card with the opposite party within 15 days to the opposite party. As the original bills are on the file, so the complainant is directed to deposit the certified copy of bills with the insurance company. On the other hand, opposite party is directed to pay the claim amount of Rs.16950/-(Rupees sixteen thousand nine hundred fifty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 13.04.2018 till its realization and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of submission of documents by the complainant.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.10.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
