Punjab

Sangrur

CC/159/2018

Kamaljeet Singh - Complainant(s)

Versus

Tata AIG General Insurance Company Ltd. - Opp.Party(s)

Sh.Amit Goyal

25 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  159

                                                Instituted on:    03.04.2018

                                                Decided on:       25.01.2019

 

Kamaljeet Singh son of Late Sh. Nazar Singh, resident of Village Manna, Tehsi Dhuri, Distt. Sangrur.

                                                        …Complainant

 

                                Versus

 

1.     TATA AIG General Insurance Company Ltd. Regd. Office 15^th Floor Tower-A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai through its Managing Director.

2.     TATA Capital Financial Services Ltd. Regd. Office: One Forbes, Dr. VB Gandhi Marg, Fort Mumbai through its Managing Director.

3.     Varinder Kumar Bansal, Employee/Agent of Tata Capital Financial Services Ltd. Branch Ground Floor, Adjacent Subway Outlet, Village Bhucho Kalan, Barnala Road, Bathinda.

  

                                                        ..Opposite parties.

 

For the complainant  :       Shri Amit Goyal, Adv.

For OP No.1.            :       Shri Ashish Garg, Adv.

For OP No.2.            :       Shri Hitesh Jindal, Adv.

For OP No.3             :       Exparte.

 

Quorum:   Vinod Kumar Gulati, Presiding Member

                Mrs.Manisha, Member.

 

               

Order by : Vinod Kumar Gulati, Presiding Member.

 

1.             Shri Kamaljeet Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant availed the services of the OPs by getting insured his Tractor Escort Farmtrac) bearing registration number PB-13-AF-0522 from the Ops vide policy number 0156734239 which was valid for the period from 09.02.2017 to 08.02.2018 for Rs.3,41,000/-. Further case of the complainant is that the above mentioned tractor was registered in the name of father of complainant Shri Nazar Singh @ Jarnail Singh, which was got financed from Tata Capital Financial Services Ltd. Further case of the complainant is that the father of the complainant died on 28.8.2013 and all the instalments were being paid by the complainant after death of his father.    Further case of the complainant is that in the last week of January, 2017, OP number 3 visited the house of the complainant and advised him to extend the loan term or to avail fresh loan. At this the complainant told that his father had expired on 28.8.2013 and the tractor is still in the name of his father. Upon this, he told the complainant that he will sanction a fresh loan on the said tractor in the name of complainant and as such the complainant had to close the previous loan account in the name of his father. As per the advice of OP number 3, the complainant deposited the amount of Rs.1,15,000/- with OP number 2 on account of balance loan amount in the name of his father. The complainant also submitted affidavit of his mother and brother to the OPs to the effect that they have no objection if the RC of tractor is transferred in the name of the complainant and also gave his affidavit in this regard.  The complainant also completed other formalities as per the requirement of the OPs for the transfer of RC, issuance of fresh loan. He took original RC of the tractor from the complainant and also obtained signatures of the complainant.  OP number 3 also assured the complainant that they will get the RC transferred in the name of the complainant and then sanctioned loan on the said tractor. Thereafter the OPs sanctioned loan to the complainant to the tune of Rs.3,24,122/- vide loan account number 6951369 and also handed over the copy of insurance policy in the name of the complainant.  It is further stated that the OPs failed to hand over the original RC to the complainant despite the fact the complainant demanded the same. 

 

2.             Further case of the complainant is that during the subsistence of the insurance period, the tractor of the complainant met with an accident on 30.12.2017 near village Meemsa as the complainant lost the control over the tractor while coming from Bhadson to village Mana, of which  FIR was also got registered.  Thereafter the tractor in question was brought at Dhuri Autos, Malerkotla Bypass, Dhuri and the surveyor of the OPs also took photographs.  The complainant spent an amount of Rs.1,63,436/- on the repair of the tractor, but the OPs refused to pay the claim on the ground that the complainant has no insurable interest, which is totally illegal and without any basis. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant the insurance claim amount of Rs.1,63,436/-  along with interest @ 18% per annum from the date of accident  till realisation and further claimed compensation and litigation expenses.

 

3.             In reply of the complaint filed by the OP number 1, preliminary objections are taken up that the complaint is barred under section 26, that the tractor in question is insured with the OP in the name of Kamaljeet Singh, that the complainant registered the claim for damages on 30.12.2017 and the OPs deputed surveyor who assessed the loss at Rs.57606/-, that during the processing of the claim, it was noted that while the RC is in the name of Mr. Nazar Singh, the policy has been transferred in the name of Kamaljeet Singh, that the complainant was requested to submit the RC in his name and when no response was received from the complainant, the claim file was closed. On merits, it is admitted that the tractor in question was insured with the OP for Rs.3,41,000/- for the period from 9.2.2017 to 8.2.2018.   It is stated that since the RC was not in the name of the complainant, as such the claim was rightly repudiated. The other allegations levelled in the complaint have been denied.

 

4.             In reply filed by OP number 2, preliminary objections are taken up on the ground that the complaint is not maintainable, that the complainant has not come to the Forum with clean hands. On merits, it is stated that the tractor was registered in the name of father of the complainant Shri Nazar Singh @ Jarnail Singh, who got the same financed from OP number 2. On merits, it is stated that the OP number 2 has no concern with the alleged insurance of RC or note in the name of the complainant by DTO. The OP number 2 has only sanctioned loan after seeing FOP dated 7.2.2017 issued by DTO. Till today, pending amount maintained by the office as per the foreclosure and statement of account amounting to Rs.2,39,589 is due against the complainant.  The other allegations levelled in the complaint have been denied.

 

5.             The learned counsel for the parties have produced their respective evidence.

 

6.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. None of the parties submitted written arguments. In our opinion, the complaint merits   acceptance, for these reasons.

 

7.             It is admitted fact that the insured vehicle registration number PB-13-AF-0522 is a tractor having sum insured of Rs.3,41,000/- with OP through policy valid for period from 09.02.2017 to 08.02.2018 in the name of Mr. Kamaljeet Singh.  The policy is issued subject to terms and conditions.  The complainant registered claim for damages to the vehicle during the accident on 30.12.2017.  After the registration of claim the OPs appointed surveyor to assess the loss on 10.1.2018. The survey was conducted by the surveyor and its final survey report was submitted on 09.02.2018. OPs repudiated the  claim of the complainant on the ground that the insurance is the name of the complainant, but the RC of the tractor is still in the name of his father Nazar Singh and the complainant has no insurable interest. We have found that the survey report has been prepared on the basis of the quotation of M/s. Dhuri Autos Patiala dated 10.1.2018 on the basis of which the vehicle was got repaired by the complainant from M/s. Dhuri Autos Patiala and the complainant paid Rs.1,63,436/-, Ex.C-10. Further on critical examination of the survey report, it has been found that pick and choose method based on the price quoted  by M/s. Dhuri Autos Patiala  has been adopted by the surveyor to arrive at the assessed loss, Annexure C-2. Also, we are of the view that it was the duty of the OPs to verify the name of registered owner in the registration certificate before issuing/providing insurance cover to the vehicle of the complainant and the complainant cannot be blamed for the lapse on the part of the insurer. Once the insurance cover is provided by the insurance company, it cannot escape its responsibility to pay the just claim in case of accident of the insured vehicle.    It is pertinent to mention here that the  tractor has been mortgaged by M/s. Tata Capital Financial Services Pvt. Limited and was insured by M/s. Tata AIG Insurance Company Limited,  both companies of TATA Group.

 

8.             In sequel of the above discussion, the complaint is allowed with the direction to the OPs to pay the complainant an amount of Rs.1,56,283/- (Rs.163436/- minus Rs.4000/- (Excess clause and salvage) minus Rs.3153/- (on account of change of the tubes) along with interest @ 9% per annum from the date of repudiation of the claim i.e. 16.3.2018 till payment.  Compensation for mental harassment and agony of Rs.5,000/- and litigation expenses of Rs.5000/- are more allowed in favour of the complainant and against the OPs.  This order of ours be complied with within 45 days from the date of receipt of copy of the order.  Copies of the order be supplied to the parties free of cost as per rules.  File be indexed and consigned to record room.  

                        Pronounced.

                        January 25, 2019.

 

 

                                                        (Vinod Kumar Gulati)

                                                           Presiding  Member

 

 

 

                                                                (Manisha)

                                                                  Member