BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.220 of 2018
Date of Instt. 21.05.2018
Date of Decision: 18.03.2019
Sampuran Singh son of Malagar Singh R/o House No.226-B, New Dashmesh Nagar, Rama Mandi, Jalandhar, Punjab.
..........Complainant
Versus
1. Shree Ram General Insurance Company Ltd. E-B, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan 302022 through General Manager.
2. Branch Manager, Shri Ram General Insurance Company Ltd. PUDA Complex, Jalandhar.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. P. S. Dhillon, Adv Counsel for the Complainant.
OPs No.1 and 2 exparte.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainant, wherein alleged that the OP No.1 is doing the business of general insurance in the name and style of Shri Ram General Insurance. The complainant got insured his vehicle/car make Swift Dezire bearing registration No.PB08-DS-3233 from the OPs, vide Policy No.10003/31/18/454851 dated 27.11.2017, which is valid upto 26.11.2018.
2. The car of the complainant met with an accident on 22.12.2017 at 05:00 am near Murthal, Distt. Sonipat Haryana due to the fog. From the place of accident the complainant informed the OPs through telephone no./helpline no.180030030000. The officials of the OPs told the complainant to click the photographs of his car and toe away it to Jalandhar and there is no need to lodge a police complaint. Relying upon the advise of the officials of the OPs, the complainant brought his accidental car to Jalandhar with the help of crane. On 23.12.2017 at 10.30 AM, the surveyor of the OPs came to the Sharma Motor Garage Chuggitti Chowk, Jalandhar for conducting the survey of car of the complainant. The surveyor also took the photographs of the said car and fulfill all the formalities and got relevant documents from the complainant. The complainant got repairs his car from said Sharma Motor Garage after spending huge amount from his pocket. That the complainant has spend more than Rs.1,20,000/- on his car which was damaged due to the above said accident. After paying all the bills to the garage, the complainant received the said car from Sharma Motor Garage. The complainant also handed over all the bills to the surveyor of the OP for obtaining the claim and the surveyor of the OPs told the complainant that the OPs will clear the claim of the complainant within a week. But till today the OPs have not clear the claim of the complainant.
3. That the OPs are under the legal obligation to pay the claim/all the expenses, which are incurred by the complainant for repairing his car No.PB-08-DS-3233, which is duly insured with the OP No.1. Thereafter, the complainant served a legal notice to the OP, but all in vain and as such, the act and conduct of the OPs is tantamount to unfair trade practice, deficiency in service and accordingly, the instant complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the insurance claim amount of Rs.1,20,000/- along with interest and be also directed to pay damages to the complainant, to the tune of Rs.2,00,000/- for causing mental pain and agony as well as harassment and be also directed to pay litigation expenses of Rs.33,000/-.
4. Notice of the complaint was given to the OPs, but despite service both the OPs failed to appear and ultimately, both the OPs were proceeded against exparte.
5. In order to prove his exparte claim, the complainant himself tendered into evidence his duly sworn affidavit Ex.CA along with some documents Ex.C-1 to Ex.C-13 and closed the evidence.
6. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
7. From the perusal of the pleadings, it reveals that the complainant alleged that he got insured his vehicle with the OP for the period 27.11.2017 to 26.11.2018 and photostat copy of the insurance policy Ex.C-3 placed on the file and complainant also proved on the file his driving licence and copy of the same is Ex.C-4. The complainant alleged that the vehicle of the complainant met with an accident on 22.12.2017 and huge damages was caused to the vehicle and it was also assessed by the Surveyor appointed by the OP and thereafter, the complainant got repaired his vehicle by paying the expenses of the repair from his own pocket, regarding that the complainant placed on the file Repair Bills Ex.C-5 to Ex.C-12 and then complainant submitted the insurance claim with the OP, but the OP did not pay the insurance claim rather repudiated the claim of the complainant, vide repudiation letter Ex.C-13 dated 10.04.2018 by taking a plea as under:-
“With reference to the captioned claim preferred by you, we wish to state that there have been deliberate and willful misrepresentation on your part as to the vehicle produced by you for insurance (as per inspection photograph) is completely differs from the damaged vehicle produced for the claim.”
and accordingly, rejected the claim of the complainant.
8. Admittedly, in this case, the OP despite service did not come present, for the best known reason, if OPs appeared and proved on the file, the plea taken in the repudiation letter, but in the absence of any evidence on the part of the OP that the complainant has gave misrepresentation of facts to the OP, then the situation may be different, but when the OP has not come present and no evidence came on the file in order to establish the reason given in the repudiation letter for rejection of the claim. So, in the absence of any evidence on the part of the OP, we find that the repudiation of the insurance claim is totally illegal, without any footing or solid reasons and under these circumstances, we are constrained to accept the exparte claim of the complainant and reached to the conclusion that the insurance claim of the complainant has been wrongly and illegally repudiated by the OPs and accordingly, the same is set-aside and further hold that the complainant is entitled for the relief claimed and accordingly, the complaint of the complainant is partly accepted and OPs are directed to pay insurance claim amount of Rs.1,20,000/-, to the complainant and further OPs are directed to pay compensation for causing mental agony and harassment to the complainant, to the tune of Rs.20,000/- and litigation expenses of Rs.7000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
18.03.2019 Member President