Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 481
Instituted on : 18.08.2022
Decided on : 14.06.2024.
Sonu age 24 years, s/o Sh. Samunder Singh resident of village Chiri Tehsil and District Rohtak.
………..Complainant.
Vs.
- SBI General Insurance Company Limited 46 Pusa Road, Second Floor Opposite Metro Pillar No.129, Karol Bagh New Delhi through its Branch Manager.
- SBI General Insurance Company Limited Head Office at Natraj 101, 201, 301, Junction of Western Express Highway, Andheri Kurla Road, Andheri East Mumbai-400069 through its Manager/Authorized Person.
- Suraksha Enterprises 38-A, Ekta Enclave Paschim vihar, Near Peera Garhi, Metro Station, Delhi Through its Branch Manager/authorized Person.
…….Respondents/Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh.Anil Sharma, Advocate for the complainant.
Sh.Gulshan Chawla, Advocate for the opposite party No.1 & 2.
Opposite party No.3 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he is registered owner of Vehicle No.HR-70D-2590 which was insured with the opposite party No.1 & 2 vide policy no.TSB/30413754 w.e.f. 20.08.2021 to 19.08.2022 in which the complainant had availed additional facility of Return to Invoice Cover and paid additional premium for that facility. According to this additional cover, in case of any constructive total loss/theft claim ‘On road price’ of the car should be paid to the insured. The aforesaid vehicle of the complainant was stolen on 26.12.2021 and an FIR No.037277 dated 26.12.2021 u/s 379 IPC was got lodged by the complainant in P.S. E-Police Station MV(Theft) District Crime Branch Sarojini Nagar South West Delhi. Complainant intimated the opposite party No.1 & 2 about the theft and they appointed opposite party no.3 to investigate the case. Complainant submitted all the documents with the opposite party No.3. Complainant applied for insurance claim to opposite party No.1 & 2. The concerned police also could not trace out the vehicle and submitted his untraced report before the Hon’ble Court of ACMM-01, New Dehli, District Patiala House Court and the same was accepted by the court vide order dated 28.01.2022. Complainant also submitted the untraced report with the opposite party No.3. Complainant contacted the officials of opposite parties so many times to get his genuine claim but they avoided the matter on one pretext or the other. The act of opposite parties of not paying the genuine claim of the complainant is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the claim amount of Rs.2812747/- alongwith interest @ 18% p.a. from the date it becomes due till the date of actual realisation, to pay Rs.100000/- on account of mental tension & harassment and Rs.31000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Notice sent to opposite party No.3 did not receive back either served or unserved. As such after expiry of statutory period of 30 days, the opposite party No.3 was proceeded against exparte vide order dated 13.12.2022 of this Commission. Opposite party No.1 & 2 in their reply has submitted that on receipt of claim intimation opposite parties registered the claim and deputed an independent Investigator M/s Suraksha Enterprises to investigate the present case. The investigator served letters dated 05.01.2022, 10.03.2022, 15.03.2022, 22.06.2022 and 07.07.2022 requesting the complainant to comment on the queries and to provide the documents required to reach just conclusion regarding loss to the complainant. But the complainant instead of reverting to the same has filed the false and frivolous complaint. The complainant till date has not provided the documents and furthermore has not given any clarification nor had attached the documents as demanded in letter dated 07.07.2022 in the complaint itself. Opposite parties are still ready to settle the claim on merits, subject to submission of documents/clarifications by the complainant to the query being made by independent investigator vide report dated 07.07.2022. Thus the present complaint deserve dismissal being pre-mature in nature. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C16 and closed his evidence on 21.04.2023. Ld. Counsel for opposite parties in their evidence has tendered affidavit Ex.RW1/A, Ex.RW1/B, documents Ex.R1 to Ex.R10 and closed their evidence on 25.01.2024.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case contention of the complainant is that he insured his vehicle from the opposite party No.1 & 2 vide policy no.TSB/30413754 in which he had availed additional facility of ‘Return to Invoice Cover’ and paid additional premium for that facility. According to this additional cover, in case of any constructive total loss/theft claim ‘On road price’ of the car should be paid to the insured. The vehicle in question was stolen on 26.12.2021 but the claim of the complainant has not been paid by the opposite parties despite his repeated requests. On the other hand, opposite party No.1 & 2 in their affidavit Ex.RW1/A has denied that complainant had opted for ‘Return to invoice’ add on. No premium has been paid by the complainant to avail such add on benefit. It is further contended that till date the complainant has not provided the documents and clarify the queries made by the independent investigator. Hence the claim of the complaint is pre mature.
6. We have observed the documents placed on record by both the parties. We have minutely perused the policy placed on record by the complainant as Ex.C4 and under the Schedule of premium-Head (A) ‘On damage’ the OD premium was paid by the complainant as Rs.18429/-, under the head (B) ‘3rd party’ Rs.8965/- was paid and the complainant had paid Rs.19512/- as ‘add on cover’. The coverage is comprehensive cover(OD+TP), CONSUMABLES, Nil depreciation, RTI Cover. The meaning of RTI Cover(Return To Invoice Cover) given on Ex.C5 is that : “In consideration of payment of an additional premium by the insured, it is hereby agreed and declared that notwithstanding anything to the contrary contained in the policy, the company hereby undertakes to pay the On Road Price of the insured car, in the occurrence of any Constructive Total Loss/Total Loss/Theft Claim”. It has been further submitted that complainant has not provided the documents and clarifications for settlement of the claim which were sought through a letter dated 07.07.2022 placed on record as Ex.R10. On the other hand, the complainant placed on record a document Ex.C8 issued by the Investigator Suraksha Enterprises. The perusal of this document shows that complainant has already completed all the formalities and submitted most of the documents with the investigator well within time. Some documents have been received by the respondent’s investigator on 22.03.2022 and he has made an endorsement upon this document. Hence the claim of the complainant has wrongly been repudiated and there is deficiency in service on the part of opposite party no.1 & 2. As such opposite party No.1 & 2 are liable to pay the claim amount as per add on cover RTI(Return to Invoice) i.e. to pay the On Road Price of the vehicle. The complainant has placed on record performa invoice of the same model as Ex.C3. In this invoice the Ex-showroom price of the vehicle is Rs.2379000, registration charges mentioned as Rs.241030/- and insurance price Rs.111509/- total of which comes to Rs.2731539/-. Other charges mentioned in this invoice are not covered under the add on cover. Hence the complainant is entitled for the amount of Rs.2731539.
7. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party No.1 & 2 to pay Rs.2731539/-(Rupees twenty seven lac thirty one thousand five hundred and thirty nine only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 18.08.2022 till its realisation 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 decision. However, complainant is directed to complete the formalities i.e. to submit the signed form no.29-30, indemnity bond and subrogation letter in favour of the company within 15 days from today and thereafter opposite party shall comply with the order dated 14.06.2024 of this Commission. Complainant is also directed to send a letter to the RTO for cancellation of R.C.
7. 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:
14.06.2024.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
