Punjab

Ludhiana

CC/19/245

Surinder Pal - Complainant(s)

Versus

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

Sunil Tiwari Adv.

01 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:245 dated 23.05.2019.                                                         Date of decision: 01.06.2022.

 

Surinder Pal, aged 39 years son of Ram Kishan, resident of House No.83, New G.T.B. Nagar, Chandigarh Road, Ludhiana.                                                                                                                                          ..…Complainant

1. Shriram General Insurance Company Limited, E-8, EPIP, RIICO Industrial Area, Sitapur, Jaipur, Rajasthan-302022 through their Directors.
2. Shriram General Insurance Company Limited, SCO 18-19, 3^rd Floor, Jandu Tower, Ludhiana-141003 through their Manager.                                                                                                   …..Opposite parties 

          Complaint Under Section 12 of the Consumer Protection Act,               1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Sunil Tiwari, Advocate.

For OPs                          :         Sh. K.M. Sethi, Advocate.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Briefly stated, the case of the complainant is that he is the owner of Tata truck 1109/42 bearing registration No.PB-10-EH-3465. The complainant got the truck insured from the OPs on payment of premium of Rs.39,286/-   vide policy No.105029/31/18/004892 which was valid from 12.01.2018 to 11.01.2019. On 09.04.2018, the truck in question loaded with scrap was proceeding from Sahibabad (Ghaziabad) UP to Mandi Gobindgarh  and on 10.04.2018, it met with an accident as a Mahindra Scorpio car bearing registration No.DL-12-CA-1105 suddenly came in front of the truck from the other side after crossing the divider and collided head-on the truck. As a result, the truck was damaged and had to be brought to Punjab after getting the same released on sapurdari from the Hon’ble Court on26.07.2018 with the help of a crane for which the transportation charges of Rs.13,000/- were incurred. FIR No.0256 dated 15.04.2018 was registered at Police Station Jhinjana District Shamli (UP) under Section 279/304-A/337/338/427 IPC. The complainant notified the OPs regarding the accident and the representative of the OPs namely Manvender Sharma visited the place of accident and conducted spot survey. The total estimate of the repair charges including spare parts was got prepared from Dada Motors which came to Rs.4,38,318/-. After conducting the final survey, the complainant was told that the entire amount would be reimbursed later on. As a result, the complainant brought the vehicle from Dada Motors to Doaba Motors of Nawan Shahar on 29.08.2018 where the complainant got the truck repaired for a sum of Rs.5,21,437/-. At Doaba Motors, a representative of OPs namely Nitin visited and inspected the vehicle. Thereafter, the truck was fully repaired and it was inspected by Mr. Nitin. Thereafter, the complainant has been in touch with Mr. Gaurav Bhalla, branch Incharge of the OPs. The complainant has been requesting the OPs to reimburse the repair bills but to no avail. Even a legal notice dated 29.01.2019 served through Sh. Sunil Tiwari, Advocate failed to evoke a positive response from the OPs. Hence the complaint whereby it has been requested that the OPs be directed to reimburse the bill amount of Rs.5,43,287/- and be also made to pay compensation of Rs.4,00,000/- and litigation expenses of Rs.10,000/-.

2.                The complaint has been resisted by the OPs. In the written statement filed on behalf of the OPs, it has been, inter alia, pleaded that the complaint is not maintainable. According to the OPs, two IRDA approved loss assessors we appointed. The spot surveyor assessed the liability of Rs.40,500/- which was intimated to the complainant who was further requested to submit the documents for final survey but he failed to produce the same. As per the terms and conditions of the policy, the complainant further failed to produce the documents and the vehicle for final assessment. Therefore, the complainant has himself been at fault and the complaint is liable to be dismissed on this ground alone. The rest of the averments made in the complaint have been denied as wrong and in the end, a prayer for dismissal of the complaint has been made.

3.                In evidence, the complainant submitted his affidavit as Ex. CA along with documents Ex. C1 to Ex. C63 and closed the evidence.

4.                On the other hand, the counsel for the OPs tendered affidavit Ex. RA of Sh. Baljinder Singh, authorized signatory of the OPs along with documents Ex. R1 and Ex. R5 and closed the evidence.

5.                We have heard the counsel for the parties and have gone through the record carefully. 

6.                There is no dispute with regard to the facts of the case. Ti is not disputed that the truck in question was insured with the OPs and it met with an accident. The counsel for the OPs has referred to the survey report Ex. R2 whereby the loss has been assessed at Rs.40,500/-. The OPs have further placed on record letter Ex. R3 dated 12.04.2018 addressed to the complainant wherein it has been mentioned that the OPs had appointed a surveyor for spot survey but till date the complainant had not approached for final survey. In the letter Ex. R3 the complainant has been further requested to shift the damaged vehicle to nearest garage and to confirm the estimate to the OPs to enable them to appoint a surveyor to assess the loss. The OPs have further placed on record Ex. R4 dated 21.05.2018 addressed to the complainant whereby the complainant has been requested to provide documents such as claim form duly filled, claim discharge voucher, insured and driver statement, address prove, road tax certificate, repairer’s bill and estimate, toll receipts etc. etc. The OPs have further placed on record another letter Ex. R5 dated 16.06.2018 whereby the complainant has been again requested to submit the documents as referred to in Ex. R3. So far as the survey report Ex. R2 is concerned, no date has been mentioned. In the letter Ex. 3 dated 12.04.2018, the complainant has been asked to shift the vehicle to the nearest garage to enable the OPs to appoint the surveyor for assessment of the loss. It appears that the survey report ex. R2 is only an interim report and that appears to be the reason that the complainant has been asked to submit the documents referred to in the letter Ex. R4 and Ex. R5. It has been claimed by the counsel for the complainant that the complainant has already submitted the requisite documents referred to in the letters Ex. R4 and Ex. R5 and in this regard, email Ex. C35 to Ex. C37 have been sent to the OPs but no receipt or the detail of the documents sent to the Ops has been placed on record. Under the circumstances, in our considered view, it would be just and proper if the complainant is directed to submit the documents referred to in the letters Ex. R4 and Ex. R5 with the OPs within a  period of 30 days from the date of receipt of copy of the order and on receipt of the said documents, the OPs shall consider and reimburse the claim strictly in accordance with terms and conditions of the insurance policy within a period of 30 days from the date of submission of documents by the complainant.

7.                As a result of the above discussion, the complaint is disposed of with a direction to the complainant to submit the documents referred to in the letters Ex. R4 and Ex. R5 with the OPs within a  period of 30 days from the date of receipt of copy of the order and on receipt of the said documents, the OPs shall consider and reimburse the claim strictly in accordance with terms and conditions of the insurance policy within a period of 30 days from the date of submission of documents by the complainant. Keeping in view the peculiar circumstances of the case, there shall be no order as to costs. However, the complainant will be at liberty to file a fresh complaint if he would feel aggrieved if the claim is not paid strictly in accordance with terms and conditions of the insurance policy. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                            President

 

Announced in Open Commission.

Dated:01.06.2022.

Gobind Ram.

Surinder Pal Vs Shri Ram GIC                             CC/19/245  CC/19/194

Present:       Sh. Sunil Tiwari, Advocate for the complainant.

                   Sh. K.M. Sethi, Advocate for the OPs.

                  

                   Arguments heard. Vide separate detailed order of today, the complaint is disposed off with a direction to the complainant to submit the documents referred to in the letters Ex. R4 and Ex. R5 with the OPs within a  period of 30 days from the date of receipt of copy of the order and on receipt of the said documents, the OPs shall consider and reimburse the claim strictly in accordance with terms and conditions of the insurance policy within a period of 30 days from the date of submission of documents by the complainant. Keeping in view the peculiar circumstances of the case, there shall be no order as to costs. However, the complainant will be at liberty to file a fresh complaint if he would feel aggrieved if the claim could not paid strictly in accordance with terms and conditions of the insurance policy. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:01.06.2022.

Gobind Ram.