DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)
GOVT. OF NCT OF DELHI
CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92
CC No.1152/2014:
In the matter of:
M/s. RVS Info Services Ltd.
Flat No.170 - A, Hari Nagar Ashram,
Mathura Road,
New Delhi – 110 014
Complainant
Vs.
M/s. Reliance General Insurance Co. Ltd.
(Through its Officer Incharge)
2nd Floor, Aditya Tower, Plot No.5,
Laxmi Nagar, District Centre,
Delhi – 110 092
Respondent
Date of Admission : 19/12/2014
Date of Order :03/02/2015
ORDER
Ms. Poonam Malhotra, Member:
The brief conspectus of facts of the present complaint are that the complainant, a Private Ltd. Company, purchased a BMW Car Model X1SDRIVE20DIND CK bearing Registration No. DL 1 CP 2079 and got the same insured from the respondent vide Zero Depreciation Insurance Policy bearing No.114000041900 for the period 29/10/2013 to the midnight of 28/10/2014. It is alleged that the said car suffered damage in an accident and it was taken to M/s. Deutsche Motoren Pvt. Ltd., the Authorised Service Centre of the Manufacturing Company, for repairs. The car was repaired and a bill of Rs.5,30,827/- was raised. As against the said bill, the respondent reimbursed the complainant only to the extent of Rs.4,85,900/- whereas the balance amount of Rs.43,000/- was paid through cheque. It is submitted that the respondent is under an obligation to reimburse the total charges of repairs as per the terms and conditions of the Zero Depreciation Engine Guard Policy. It is alleged that an email sent to the respondent was of no consequence. The complainant has prayed for reimbursement of Rs.43,000/- alongwith Rs. 25,000/- towards compensation for harassment and agony caused and Rs.25,000/- towards the cost of litigation.
Notice was duly served upon the respondent. Despite sufficient service, none put up appearance and case proceeded exparte against the respondent.
Evidence by way of Affidavit filed by the complainant has not been controverted.
Heard and perused the record.
We have scrutinized the record carefully. It is not in dispute that the complainant had got insured from the respondent its BMW Car Model X1SDRIVE20DIND CK bearing Registration No.DL1CP2079 under a Zero Depreciation Insurance Policy bearing No.114000041900 for the period 29/10/2013 to the midnight of 28/10/2014 at an IDV of Rs.18,55,000/-. Copy of the said Insurance Policy is filed on Record as Annexure “C -1” It is also not in dispute that the said car was submitted to M/s. Deutsche Motoren Pvt. Ltd. for repairs and they had raised a Bill/Invoice bearing No.SIPF23472 of Rs.5,30,827/- dated 25/10/2014, copy of which is placed on record as Annexure “C–2”. It is admitted by the complainant that the respondent had reimbursed the complainant to the extent of Rs.4,85,900/- and the balance amount of Rs.43,000/- was paid to M/s. Deutsche Motoren Pvt. Ltd. by the complainant through Cheque No.097963 dated 06/11/2014 drawn on Corporation Bank, Friends Colony Branch, New Delhi – 110 065 to clear the said bill of repairs done by it. These facts have been reaffirmed on oath in the Affidavit by way of evidence filed on behalf of the complainant which is uncontroverted. It is pertinent to mention here that it is a settled principle of law that such uncontroverted affidavit cannot be disbelieved and there is no reason for us to disbelieve it. In view of the uncontroverted evidence on record and in the absence of any reason for allowing reimbursement only to the extent of Rs.4,85,900/- and disallowing the balance out of the total bill of Rs.5,30,827/- raised for the repairs undertaken by the respondent the allegations made in the complaint shall be deemed to have been accepted by the respondent. This being a Zero Depreciation Policy, under its terms complainant was not supposed to pay any amount in respect of any damages to the car during the subsistence of the policy. The deduction made by the Respondent Insurance Company is illegal and arbitrary. They should have paid Rs.5,30,827/-, the entire amount of the Bill. Paying only an amount of Rs. 4,85,900/- is against the terms of the policy. The Complainant has been made to pay the amount of Rs.43,000/- and this has caused him financial burden, mental tension and agony. The facts clearly show that the respondent had been deficient in discharge of its obligations and services.
Taking into consideration the facts and circumstances of the case and the observations and discussion made supra, we allow this complaint. We, direct, the respondent to reimburse to the complainant the amount of Rs.43,000/- paid by it to M/s. Deutsche Motoren Pvt. Ltd. for repairs undertaken with interest @ 9%p.a thereon from the date of filing of this complaint till it is finally paid. We, further, award Rs.20,000/- towards compensation on account of the harassment, mental pain and agony and Rs.10,000/- towards the cost of this litigation.
Let the entire amount of Rs.73,000/- with interest on Rs.43,000/- as awarded above sbe paid within 45 days from the date of this order. If it is not paid the complainant shall also be entitled for interest @ 9% p.a. over the amount of compensation and cost awarded till it is finally paid.
Copies of the order be supplied to the parties as per rule.
(Poonam Malhotra) (N.A. Zaidi)
Member President
