BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:121 of 2013.
Date of Institution: 1.4.2013.
Date of Decision:16.6.2015
Jagdish son of Shri Rajender Singh, resident of village Chahar Kalan, tehsil Loharu, district Bhiwani.
….Complainant.
Versus
- Shri Ram General Insurance Co. Ltd. Branch office, Bhiwani, through its Branch Manager.
- Shri Ram General Insurance Co. Ltd. E-8, EPIP, RIICO, Industrial Area, Sitapur, Jaipur (Rajasthan). …...Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Anita Sheoran, Member
Present:- Shri Sandeep Budhera, Advocate, for complainant.
Shri R.K.Verma, Advocate for OPs.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that he is owner of a Scorpio vehicle bearing registration No.HR-70B/1372 and the same was insured with the Opposite Parties vide insurance cover not No.JPR-315996. The complainant alleged that on 29.11.2011 above said vehicle had met with an accident and fully damaged and intimation in this regard was given to the opposite parties immediately. It is further alleged that the surveyor of the company after inspecting the vehicle had submitted the report to the Opposite Parties. The complainant further alleged that after completion of all the formalities the claim was submitted with the Ops for making payment of insured amount but they did not pay any heed. Hence, it amounts to deficiency in service on the part of OPs and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the OPs filed written statement alleging therein that on receipt of intimation with regard to damaged caused to the vehicle the Surveyor was appointed by the company, who after inspection submitted his report dated 29.3.2012 vide which he assessed the loss caused to the vehicle to the tune of Rs.1,21,500/- less salvage value of Rs.7287/-. It is submitted that after processing the claim of complainant the opposite parties reached to the conclusion that there were deliberate and willful misrepresentations on the part of complainant on account of damaged caused to the vehicle. It is also submitted that the complainant himself admitted that the costs of repairs of the vehicle were Rs.1,21,500/-.. Therefore, the claim of the complainant was repudiated and he was informed accordingly vide registered letter dated 26.3.2012. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy of RC, Annexure C2 Photostat copy of Insurance Cover note, Annexure C3 Photostat copy Survey Report, Annexure C4 to C8 Photostat copies of repair bills, Annexure C9 Photostat copy of DL and Photostat copy of letter along with affidavit dated 5.10.2012.
4. In reply thereto, the opposite parties have placed on record Annexure R1 Photostat copy of letter dated 26th March, 2012, Annexure R2 Photostat copy of Claim Form. Annexure R3 Photostat copy of Claim Cost Confirmation Form, Annexure R4 Photostat copy of Survey Report, Annexure R5 Photostat copy of Insurance Claim Intimation Slip, Annexure R6 Insurance Policy, Annexure R7 Photostat copy of Commercial Vehicle Package Policy along with affidavit of Vishal Gupta, ASM of Insurance Company.
5. Both the parties have filed written arguments.
6. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
7. Learned counsel for the complainant reiterated the contents of the complaint. It is submitted that the ground for the repudiation of the claim of complainant given by the opposite parties in its letter dated 26.3.2012 Annexure R1 is baseless. He also submitted that nothing has been mentioned in the Surveyor’s report that the claim of the complainant is fabricated. In support of his contention he referred Surveyor’s report Annexure R4.
8. Learned counsel for Opposite Parties reiterated the contents of the reply. He submitted that the claim of the complainant was repudiated by the opposite parties vide letter dated 26.3.2012 Annexure R1, because the cause of loss and damages to the vehicle are fabricated and not one arising out of an accident as represented by the complainant.
9. We have given thoughtful consideration to the arguments advanced by both the parties and have examined the relevant material on record carefully. The Surveyor’s report dated 19.3.2012 Annexure R4 does not reveal any aspect as mentioned by the Ops in its repudiation letter dated 26.3.2012, that the claim of the complainant is fabricated.
10. In view of the various judgments of the Hon’ble National Commission, New Delhi, the Surveyor’s report is an important document and cannot be brush aside in the absence of cogent and corroborating evidence to the contrary. The Surveyor in his report has assessed Rs.1,21,500/-, which the Ops are liable to pay to the complainant under the terms and conditions of the policy. The repudiation of claim of the complainant on the frivolous grounds by the Ops, amounts to deficiency in service. We partly allow the complaint of the complainant and award Rs.1,21,500/- as compensation to the complainant against the Ops. The Ops shall pay the said amount to the complainant with interest at the rate of 6% p.a. from the date of complaint till the date of payment. This order be complied with by the Ops within 45 days, failing which the Ops shall be liable to pay enhanced interest at the rate of 9% p.a. from the date of passing of this order till the date of payment. No order as to costs.
The compliance of the order shall be made within 30 days from the date of the order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 16.6.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anita Sheoran) (Balraj Singh)
Member. Member.
