DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.20 OF 2018

Ravi Lokchandani,

S/O- Hiralal Lokchandani,

RO: Mangal Bazar, Jharsuguda

Dist: Jharsuguda, Odisha………………………………………………Complainant.

Versus

1. Branch Manager,

National Insurance Co. Ltd.,

Jharsuguda Branch Office,

Opp. Petrol Pump,

Kalimandir Road, Jharsuguda,

PS/Dist: Jharsuguda, Odisha………………….………....….……...Opp. Party.

Counsel for the Parties:-

For the Complainant                                 A.K.Goel, Adv.& Associates.

For the Opp. Party                                  Bandana Mundra, Adv.

Date of Order: 01.10.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                                  2. Smt. Anamika Nanda, Member(W).

Shri Sundar Lal Behera, President : -  In brief, the complainant’s case  is that, the complainant’s vehicle bearing Regn. No. OD-16-5711 was insured with the O.P. Insurance  company for a period from dtd. 01.01.2017 to dtd.31.12.2017. The said insured vehicle met with an accident on dtd. 21.08.2017 which caused extensive damage and claim for Rs.24,000/- only was preferred by the complainant before the O.P./ Insurance company after observing all formalities required for settlement of the insurance claim.  The O.P/insurance company repudiated the claim on the ground of wrong NCB declaration which was communicated in their letter dtd. 19.12.2017 to the complainant.  As per the repudiation letter as the NCB quarry from the New India Assurance company limited it came to the knowledge that the complainant had lodged a claim with the previous insurance company on dtd. 19.12.2017 and it was settled in the previous year insurance policy and the complainant is not entitled to enjoy NCB of 20% in current policy issued to the complainant against the insured vehicle.  The complainant has challenged the repudiation of its claim to be unlawful and unjustified but on the other hand the O.P. claim the repudiation to be legal and justified.

            In order to established its claim the O.P/Insurance company except its written version, copies of some correspondence letters and its circular dtd. 19.09.2012 referring NCDRC judgment on no claim bonus have been filed.  The O.P’s claim to the fact that the insured vehicle of the complainant was earlier insured with the New India Assurance company limited and previous claim was settled by it, no documentary evidence has been filed.  The mere contention and correspondence cannot proved that the NCB had been availed by the complainant from any insurance company. Further, relating to misrepresentation of facts in order to mis-representation the O.P/Insurance company nothing has been placed before the Forum, hence the NCDRC judgment relied on by the O.P it cannot help to the O.P/Insurance company.  Further as per the policy condition under NCB the insured entitled for NCB on the own damage section of the policy if no claim is made or pending during the proceeding year.  Though the O.P/Insurance company is claiming that the complainant had availed insurance claim in the previous year from another insurance company than, it should have brought certificate from the previous insurance company or else any documentary evidence should have been placed before the Forum. Therefore in absence of any document so as to prove availment of NCB.  So the claim of the O.P/Insurance company cannot be accepted.  The repudiation of the claim of the complainant is found to be arbitrary without any base.  The complainant is entitled to get his claim under the policy.  The complainant has produced the Xerox copy of job card relating to tax invoice dtd.24.10.2017 towards repairing of insured vehicle after accident wherein Rs.24,000/- only was to be incurred towards replacement of parts, labour charges etc. Basing on the tax invoice of Rs.24,000/- only.  Taking into consideration of the claim of the complainant, in our opinion the complainant is entitled for Rs.24,000/- only from the O.P/Insurance company as full and final settlement of the claim with interest due to delay caused on the vague ground.

As per the above discussion, we held the O.P/Insurance company to be guilty of deficiency in service in respect to the complainant.  The complaint of the complainant is allow with following directions to the O.P as follows;- 

                                                               ORDER

 The O.P./Insurance company is hereby directed to pay a sum of Rs.24,000/- (Rupees twenty four thousand) only to the complainant as full and final settlement of his claim along with interest @ 9% per annum from the date of repudiation i.e. 19.12.2017 till the date of its payment and  Rs.1,000/- (Rupees one thousand) only also shall be paid to the complainant as costs of this case. All the above stated directions are to be complied by the O.P/Insurance company within 30 (thirty) days from the date of receipt the copy of this order.

Accordingly the case is disposed of.

Order pronounced in the open court today the 1^st  day of October’ 2018. Free copy of this order be communicated to the concerned parties as per rule. 

                                                    I Agree.                                   

                                                A.Nanda, Member(W)                S. L. Behera, President.           

Dictated and corrected by me

                                                                                            S. L. Behera, President