Haryana

Ambala

CC/358/2017

Vinod Kumar - Complainant(s)

Versus

Shriram Gen Insurance Co Ltd - Opp.Party(s)

16 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 358 of 2017

                                                          Date of Institution         : 25.10.2017

                                                          Date of decision   : 16.11.2018

 

Vinod Kumar son of Shri Jeet Ram r/o 1885, Ward No.13, Ranjeet Nagar, Ambala City.

……. Complainant.

 

                                      Versus

 

1.Shriram General Insurance Co.Limited Plot No.57/75, 1^st Floor B-5/694, Thaper Colony, Opposite Paper Mills Gate, Workshop Road, Yamuna Nagar.

2.Shriram General Insurance Co.Limited Partnership with the Sanlam, regd. & Corpt.Office E-8, EPIP, RIICO, Industrial Area, Sitapura, Jaipur, 302022 (Rajasthan).

3.B.S.Guliani, Prop. M/s A.B.Insurance, Street No.2, Singanwala Road, near Bachan Dharam Kanta, Ambala City,(Agent of Shri Ram General Insurance Co.Ltd.)

….…. Opposite parties.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   DR.SUSHMA GARG, MEMBER             

 

Present:       Sh.R.K.Joshi, counsel for complainant.

                   Sh. M.Bindal, counsel for OP Nos. No.1 &2.

                   OP No.3 exparte.

 

ORDER:

                   The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties (hereinafter to be referred as ‘OPs’) with the averments that he is registered owner of car bearing registration No.HR01-AJ-4929 and he got the vehicle in question insured with OPs through OP No.3 vide cover note No.P1041286 dated 16.06.2017 having validity from 17.06.2017 to 16.06.2018 and he also made the premium amount of Rs.19560/- through cheque. The insured vehicle struck against the speed breaker on 17.10.2017 and some parts of the same got damaged and were got repaired from Samrithi Motors Pvt.  by spending a sum of Rs.10,900/-.  Since the policy was cashless, therefore, the billed amount was to be sent directly but it was intimated to him that the vehicle was not insured with Op Nos.1 & 2 and they would not make the repairing cost. The vehicle was insured with OP Nos. 1 & 2 and they were liable to indemnify the loss occurred to the vehicle during the subsistence of the policy but they have failed to discharge their liability causing physical and mental loss. The act and conduct of the OPs clearly amounts to deficiency in service on their part.  In evidence, the complainant has tendered affidavit Annexure CW1/A and documents Annexure C1 to Annexure C5.

2.                          On notice OP Nos. 1 & 2 appeared and filed their joint reply  wherein preliminary objections such as cause of action, maintainability and suppression of material facts have been taken. It has been submitted that complainant made a proposal form No.P1041286  for insurance of his car No.HR-01AJ-4629 which was forwarded to Op No.1 but the same was not acceptable due to underwriting guidelines, the insurance against that proposal form was declined and the complainant had been duly intimated vide registered post latter dated 16.08.2017 and amount of premium of Rs.19560/- was also refunded to him vide cheque No.2490 dated 29.07.2017 with declined letter much before the alleged loss.  The complainant was also intimated about the legal and factual loss and was also informed about the no liability of the insurance company against the said proposal form. The amount has already been returned to the complainant duly received by him but inspite of the same he has filed present complaint on concocted version. Other contentions have been denied and prayer for dismissal of the complaint has been made. In evidence, the appearing OPs have tendered  affidavit Annexure RW1/A and documents Annexure R1 and Annexure R2. OP No.3 did not appear before this Forum and he was proceeded against exparte vide order dated 08.12.2017.

3.                          We have heard learned counsel for the parties and gone through the case file very carefully.

4.                          The complainant has come with the plea that he got his vehicle car bearing registration No.HR01-AJ-4929 insured with OPs through OP No.3 vide cover note No.P1041286 dated 16.06.2017 having validity from 17.06.2017 to 16.06.2018 by making premium amount of Rs.19560/- through cheque. The insured vehicle struck against the speed breaker on 17.10.2017 and some parts of the same got damaged and were got repaired from Samrithi Motors Pvt.  by spending a sum of Rs.10,900/-.  Since the policy was cashless, therefore, the billed amount was to be sent directly but it was intimated to him that the vehicle was not insured with Op Nos.1 & 2 and they would not make the repairing cost. The insurance company has received the premium amount and the even damage to the vehicle has also occurred during the subsistence of the policy, therefore, OP Nos. 1 & 2 are liable to indemnify the loss but they have failed to discharge their liability causing physical and mental loss.

                   Per contra, learned counsel for the OP Nos. 1 & 2  argued that complainant had submitted a proposal form No.P1041286  for insurance of his car No.HR-01AJ-4629 which was forwarded to Op No.1 but the same was not acceptable due to underwriting guidelines, the insurance against that proposal form was declined and the complainant had been duly intimated vide registered post latter dated 16.08.2017 and amount of premium of Rs.19560/- was also refunded to him vide cheque No.2490 dated 29.07.2017 with declined letter much before the alleged loss.  Since the vehicle in question was not insured with the OPs,therefore, question of indemnifying the loss, if any,  occurred to the vehicle does not arise at all. Prayer for dismissal of the complaint has been made.

                             Undisputedly, the complainant had made the payment of premium amount of Rs.19560/- through cheque to the insurance company for getting his car bearing No. HR-01AJ-4629 and thereafter the insurance company had issued cover note Annexure C1. The version of the OP Nos. 1 & 2 is that the proposal was declined and the amount of Rs.19560/- had already been refunded to the complainant through cheque No.2490 dated 29.07.2017.  The complainant has specifically denied the fact that he has ever received any cheque qua the payment of cancellation of insurance policy allegedly purchased by him for getting his car bearing No.HR-01AJ-4629 insured.  The complainant has produced the copy of bank statement Annexure C2 on the case file to show that no such amount has been credited in his bank account in the shape of cheque allegedly issued by the insurance company.  The complainant even in his cross-examination has further specifically denied that he has neither received the insurance cancellation letter nor received the cheque as alleged by the OP Nos. 1 & 2.  In order to clarify this fact learned counsel for the OP Nos.1 & 2 was requested to assist this Forum to disclose as to on which date the amount of Rs.19560/- were deducted from the account of insurance company and as to on which date the same was credited in the account of the complainant but he failed to answer this query which shows that the insurance company has concealed some material facts.  The counsel for the complainant has placed on record cover note Annexure C1 and also produced copy of insurance policy issued by the Op Nos.1 & 2 for vehicle bearing registration No.HR01-AJ-4929  having validity from 28.06.2018 to 27.06.2019 wherein the status of the policy has been shown as inforce.   It is proved on the case file that the damage to the vehicle  had occurred  on 17.10.2017 and the same was got repaired by the complainant from Samrithi Motors  vide invoice Annexure C3 in which the cost of the repairing has been shown as Rs.10900/-. The complainant has been able to prove on the case file that his vehicle was insured by the insurance company- OP Nos.1 & 2 for the period from 17.06.2017 to 16.06.2018 as mentioned in cover note Annexure C1, therefore, it is the burdened duty of the OP Nos.1 & 2 insurance company to indemnify the loss being suffered during the subsistence of the policy.

                             Keeping in view the facts and circumstances mentioned above this Forum is of the view that due to deficiency in service on the part of Op Nos. 1 & 2 the complainant has not only suffered mental agony and harassment resulting into knocking at the door of this Forum. Accordingly, we allow the present complaint against the Op No. 1 & 2 only. The complaint against Op No.3 is dismissed. The OP Nos.1 & 2 are directed to comply with the following direction within thirty days of the receipt of copy of the order:-

1. To pay a sum of Rs. 10900/-  i.e. cost of repairing charges (Annexure C3) alongwith with simple interest @ 9% per annum from the date of filing of complaint till actual realization.
2. To pay  sum of Rs.10,000/- as compensation on account of mental agony and harassment.
3. To pay a sum of Rs.3,000/- as cost of litigation.

 

 Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

Announced on: 16.11.2018                                     (D.N. ARORA)                                                                                                            President

 

    

     (PUSHPENDER KUMAR)

                                                                                       Member

 

 

         (DR.SUSHMA GARG)

                                                                                       Member