DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. NO. 480/15
Shri K.P. Singh
S/o Shri Prithipal Singh
R/o 61, Shyam Enclave
Vikas Marg, Delhi – 110 092 ….Complainant
Vs.
M/s. Tata AIG General Insurance Company
Divisional Office at : F-25, 1st Floor
Preet Vihar, Vikas Marg, East Delhi
Delhi – 110 092 ….Opponent
Date of Institution: 27.07.2015
Judgment Reserved for : 31.08.2016
Judgment Passed on : 12.09.2016
CORUM:
Sh. Sukhdev Singh (President)
Dr. P.N. Tiwari (Member)
Ms. Harpreet Kaur Charya (Member)
Order By : Ms. Harpreet Kaur Charya (Member)
JUDGEMENT
This complaint has been filed under Section 12 of the Consumer Protection Act by Shri Kanwar Pal Singh against Tata AIG Insurance (OP) alleging unfair trade practice adopted by OP.
2. The brief facts of the complaint are that the complainant purchased Insurance Policy No. 015113515704 for his Maruti Swift car, bearing registration no. DL 2C AH 3385. The said policy was valid from 27.01.2015 to 26.01.2016.
It was stated that the insured vehicle met with an accident on 12.04.2015 and OP was duly informed. OP informed the complainant to send the vehicle to its authorized workshop for repairs. Thereafter, M/s Competent Automobiles, being one of the authorized workshop prepared a Job Card No. 15002110 dated 16.04.2015 and estimate of Rs. 7714/- was given. It was also stated that the complainant was assured that OP shall directly pay to the workshop as per the estimate. The complainant has further stated that on 30.04.2015, at the time of delivery of the vehicle, he was informed that OP had paid Rs. 3,720/- out of total bill of Rs. 7718/-. Thus, the complainant was forced to pay the difference of Rs. 3998/- from his pocket. Despite request, the complainant was not reimbursed with the said amount. Legal notice dated 20.05.2015 was also sent by the complainant. Hence, the complainant has prayed for reimbursement of Rs. 3998/- alongwith interest @ 18% p.a. and compensation of Rs. 20,000/- for mental agony and illegal harassment.
3. OP was duly served with notice of this complaint. However, none put appearance, thus, OP was proceeded ex-parte on 05.11.2015.
The complainant filed ex-parte evidence by way of affidavit and relied upon estimate of repairs issued by M/s. Competent Automobiles Ltd. dated 16.04.2014 (Ex. CW-1), photocopy of cash memo dated 28.04.2015 (Ex. CW-2), photocopy of email dated 29.04.15 by OP to M/s. Competent Automobiles Ltd. (Ex. CW-3), Legal notice and postal receipts (Ex. CW-4) and (Ex. CW-5) and insurance policy (Ex. CW-6).
4. We have heard the counsel for the complainant and as OP has not put appearance, the averments against OP have remained uncontroverted.
Perusal of documents placed on record show that there was valid policy (Ex. CW-6) and email (Ex. CW-3), which shows that OP had arbitrarily paid Rs. 3720/- instead of paying the entire actual expenses of Rs. 7718/-, which was given by OP’s authorized workshop. No reason has been given for part payment by OP. The complainant was forced to pay Rs. 3998/- from his own pocket despite having insurance cover.
5. Hence, we are of the opinion that OP was liable to reimburse Rs. 3998/-, the amount paid by the complainant to M/s. Competent Automobiles, authorized workshop of OP, with 9% interest from date of filing. We further direct Rs. 2,000/- to be paid as compensation for mental agony and Rs. 1000/- as litigation expenses to the complainant by OP within 30 days.
Copy of the order be supplied to the parties as per rules.
File be consigned to Record Room.
(DR. P.N. TIWARI) (HARPREET KAUR CHARYA)
Member Member
(SUKHDEV SINGH)
President
