BEFORE THE DIST. CONSUMERS DISPUTES REDRESSAL FORUM; DHARWAD.
DATE: 28th JUNE 2016
PRESENT:
1) Shri B.H.Shreeharsha : President
2) Smt.M.Vijayalaxmi : Member
Complaint No.: 81/2016
Complainant/s: Ganesh S/o.Balanagouda Patil,
Age: 50 years, Occ: Advocate/ Agriculture, R/o.Shanti Niketan, 1st Cross, Kalyanagar, Dharwad.
(By Sri.S.C.Kulkarni Adv.)
v/s
Respondent/s:
- Divisional Manager, United India Insurance Co. Ltd., Dharwad.
- Head Office Address: General Manager, Grievance Cell, #24, Whites Road, Chennai 600014.
(By Sri.S.S.Karegoudar Adv.)
O R D E R
By: Shri. B.H.Shreeharsha : President.
1. The complainant has filed this complaint claiming for a direction to respondents to settle entire claim amount under the policy, to pay Rs.10 lakhs towards mental agony, to order for cost of the proceedings and to grant such other reliefs.
Brief facts of the case are as under:
2. The case of the complainant is that, complainant is the owner of the car bearing Indica Vista bearing No.KA 25 MA2411. The said car had been insured with the respondent under the policy 02090031130110051959 covering the risk for the period from 18.01.2014 to 17.01.2015. During the subsistence of the policy the above said vehicle met with accident on 23.12.2014. Immediately after the accident, damaged vehicle was shifted to Belgamwala garage, Dharwad & the accident was intimated to the respondent with regard to own damages to the vehicle. Thereafter the respondent deputed its surveyor and the surveyor visited and inspected the vehicle. Thereafter surveyor told complainant to submit claim along with all relevant vehicular documents. Accordingly complainant submits claim. Inspite of submission of the claim the respondent did not settle the claim instead made the complainant to run round about. Since the complainant did not get released the vehicle from the garage the complainant forced to avail handloan from others and paid to the garage persons as such complainant subjected to both physical and mental harassment at the ends of the respondent. Thereafter the complainant got issued legal notice to the respondent on 16.12.2016 calling upon to settle the claim along with expenses and cost of the proceedings and compensation. For that also the respondent did not heed up, which amounts to deficiency in service. Hence, complainant filed the instant complaint praying for the relief as sought.
3. In response to the notice issued from this Forum the respondent.1 appeared. While the respondent 2 remained absent & placed exparte.
4. The Respondent.1 admits detailed written version stating that, the very complaint is not maintainable & prays for dismissal of the complaint. While the respondent admits the ownership of the vehicle and coverage of the insurance risk subject to terms and conditions. With regard to the settlement of the claim the respondent averred in detail quoting different case laws. Among such other admissions and denials the answering respondent denied all the complaint averments in toto. While the answering respondent admits the depute of the surveyor and survey assessment by the surveyor. Further the answering respondent narrates the respondent ready to settle the claim in accordance with the terms and conditions as per the surveyor report. But the respondent for the best reasons known to him did not agrees to accept the claim making false allegations to have undue advantages and approached this Forum with false claim without making proper claim and compliance. Further the answering respondent denied the deficiency in service as alleged by the complainant and prays for dismissal of the complaint.
5. On the said pleadings the following points have arisen for consideration:
1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?
Both have admits sworn to evidence affidavit. The respondent 1 apart from examining him admits evidence sworn affidavit of one additional witness i.e of Surveyor. Complainant relied on documents. Heard. Perused the records.
Finding on points is as under.
1. Affirmatively
2. Accordingly
3. As per order
R E A S O N S
P O I N T S 1 & 2
6. On going through the pleadings & evidence coupled with documents of both the parties it is evident that there is no dispute with regard to the fact, the vehicle in question covering the insurance risk under the policy.
7. Now the question to be determined is, whether non settlement of the claim amounts to a deficiency in service, if so, for what relief the complainant is entitled.
8. Since the facts have been revealed in detail which requires no repetition.
9. Though both the parties have contested the matter seriously at the time of argument the complainant admits the settlement of the claim by the respondent. But the complainant grievance is that the respondent has settled the claim after the complainant approached this Forum. Hence, insist for compensation and cost of the proceedings. In reply to this argument of the complainant the respondent 1 seriously objects contending that the complainant knowingly well has wrongly impleaded the parties. In fact the policy is processed from respondent head office Mumbai through Hubli office. The complainant knowingly well of this fact impleaded Dharwad branch office & grievance cell Chennai. Added to it, the respondent also argued the complainant has not submit proper claim to the processing unit of the insurer. Hence, insurer could not able to make payment intime & also as the respondent refused to accept the claim settlement made in accordance with the terms and conditions on the assessment made by the surveyor the respondent could not able to make payment intime at the ends of the complainant. As such submits respondent is not liable to pay either compensation or penal interest on it. Based on the argument addressed by the respondent policy in question Ex.3 was perused wherein the said policy issuing office is mentioned as United India Insurance, Mumbai. Further perusal of Ex.C3 it bears seal of United India Insurance, Hubli office. This fact corroborates the submission and contention taken by the respondent. On perusal of cause title the complainant has impleaded indifferent persons as party. Hence, there might have caused inconvenience to the respondent to settle the claim.
10. In the evidence affidavit of RW1 at the end of para.6 of affidavit at page.5 the respondent has stated that an amount of Rs.9850/- has been deposited on 21.04.2016. The complainant also at the time of argument stage admits the payment, obviously it is stated under these background the complainant is not entitled for either interest or compensation.
11. In view of the above discussions made supra the complainant has established his case. Accordingly he is entitled for the reliefs.
12. In view of the above discussions we have arrived and proceed to held issue.1 and 2 in affirmatively & accordingly .
13. Point.3: In view of the finding on points 1 and 2 proceeded to pass the following
O R D E R
Complaint is partly allowed. Respondent-United India Insurance Co. Ltd., is directed to pay admitted amount of Rs.9850/- if not paid. (Respondent has not stated where he has deposited the said amount). The respondent is also directed to pay Rs.1000/- towards cost of the proceedings within 30 days from the date of receipt of copy of this order. If the claim amount was not deposited that amount shall carry interest @9% P.A. from the date of order till realization
(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 28th day of June 2016)
(Smt.M.Vijayalaxmi) (Sri.B.H.Shreeharsha)
Member President
Dist.Consumer Forum Dist.Consumer Forum
MSR
