Complaint No. :124/2009 Filed on : 05/03/2009 Decided on : 24/02/2010 Duration : 0 year 11 months 20 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Mr. Haresh Gulabrai Hemnani R/o 301, A Wing, GuruNanik Niwas, Ulhasnagar 420002, Dist - Thane. ..Complainant V/s. 1.The Manager National Insurance Co., Ltd., Divisional Office No. 15, 3rd Floor, Sterling Cinema Building, Matzban Street, Fort, Mumbai – 400 001. its associate office at Thane 2. The Manager, National Insurance Co., Ltd., Divisional Office No.18, 1st Floor, Jai Motors Compound, Above SBI, Khopat, Opposite Cadburry, Thane(W). ..Opponent
CORUM : HON’BLE PRESIDENT I/C : MRS. BHAVANA PISAL HON’BLE MEMBER : MR. P. N. SHIRSAT Complainant through Adv. A.B.More Opposite Party through Adv. Sanjay Mhatre J U D G E M E N T (25th February 2010) HON’BLE MEMBER : MR. P. N. SHIRSAT 1. This complaint is filed as per section 12 Under Consumer Protection Act 1986 and the brief facts of the complaint are narrated as under:- That the Complainant is having goods transport business this tala truck No. MH-05-K-9898 has insured with the Opponents as PUBLIC GOODS CARRIER COMPREHENSIVE INSURANCE POLICY vide Policy no.260700/31/6300001373 covering period 27/03/2006 to 26/03/2007 for the sum insured for Rs.3,12,500/- by paying Insurance premium of Rs.8,232/-. On dt.18/12/2006 while his driver Mr.Santosh Prabhakar Munde was carrying coal in the above truck from Panvel to MIDC Dombivali by Kalyan Shil Road met with an accident due to sudden brakes applied by another unknown truck driver at 8.00pm. The Complaint and PANCHANAMA was registered in the station Diary no. 27/2006 of the Police Station. .. 2 .. The Complainant has stated that he had given due intimation and also filed all the necessary papers to the Opponents. The truck is under repair with Jai Sheravali Motor Garage, Ulhasnagar. The Opponents has appointed Mr. Jatin Mehta a surveyor to assess the loss to the damaged vehicle. But the Opponents neither settled the claim of the Complainant nor replied to the Complainant as to what is status of his insurance claim. Being aggrieved and dissatisfied by the attitude of the Opponents, the Complainant has sent notice to the Opponent on dt.15/10/2007 stating therein that the complaint filed is within the period of limitation and the claim amount is within the pecuniary jurisdiction of this Forum. Hence this Forum has territorial as well as pecuniary jurisdiction to adjudicate and decide this complaint. The prayer of the Complainant is as follows:- 1.The Opponents to settle the insurance claim of Rs. 1,34,435 2.The Opponents to pay 12% pa interest from dt.06/11/2006 Rs.34,286/-. 3.The Opponents to pay Rs.10,000/- to the Complainant towards mental harassment 4.The Opponents to pay Rs.1,800/- to the Complainant towards legal and music expenses.
2. The Forum has issued notice to the Opposite Parties vide Exhibit no.5. The Opponents has filed application vide Exhibit no.6 for granting time for filing written statement which was granted as last chance to file written statement. The Opponents filed memo of address vide Exhbit no.7 and filed Vakalatnama vide Exhibit no.8. The Complainant has filed proof of service vide Exhibit no.9. The Opponent has filed written statement vide Ehibit no.10 where as the Complainant has filed rejoinder affidavit vide Exhibit no.11 and also filed written arguments vide Exhibit no.12. The Opponents has filed written arguments vide Exhibit no.13. The contention of the written statement and written arguments of the Opponents are as follows: The claim of the Complainant is false, frivolous, vexatious and is not maintainable. No cause of action arose against the Opponents. The complaint is untenable. The Opponents states that the vehicle No. .. 3 .. MH-05-K-9898 is insured vide Policy no.260700/31/05/6300001373 for the period 27/03/2006 to 26/03/2007. The said vehicle met with an accident on 18/12/2006 at Kalyan Shil Road, Near Lalit Hotel at 8pm. The incident was informed to the Opponent. The Opponent appointed Mr.Jayesh K. Shethia as surveyor. As per report of Mr.J.R.Shethia dt.15/01/2007 which states due to non-availability of the papers/details I could not submit the report in time. Now insured has given all the details to enable me to submit the report. As per the report of surveyors M/s. Jatin Mehta dt.31/12/2006 the claim was assessed for Rs.19,545/- + Rs.8,500/-. As per the report of M/s. Sarbjit Singh Bright of dt. 01/12/2007 the claim was assessed as follows: a) Surveyors assessed amount Rs. 24,990/- less 50% on non-standard basis Rs. 12,495/- less excess as per policy Rs. 2,000/- less salvage Rs. 495/- Net Assessed Amount Rs. 10,000/- The delay for settlement of the claim is because of non cooperation from the Complainant. The Opponent has not done any deficiency in service. The Opponent contacted to the Complainant several times but the Complainant failed to submit the claim papers and hence the Opponent closed the claim file as NO CLAIM. The Complainant has not come to this Forum with clean hands. There is no cause of action arose to file this complaint. Hence this complaint be dismissed with compensatory cost to the Opponents.
3. In this complaint the Complainant has filed the following documents on record. a) Insurance Policy. b) Copies of consignment and police panchanama c) Copies of claim form vehicular documents and driving licence d) Advocates notice to the Opponent e) Copies of towing receipt, replaced spare part’s bill and repairing bills rejoinder and written arguments. The Opponents has filed written statement without affidavit, documents and written arguments. We have carefully scrutinized the documents filed on record by the contesting parties. In this complaint the .. 4 .. only question arises for our consideration which is as under:- A)Whether the Complainant has proved any deficiency in service committed by the Opponents towards the Complainant? Answer – Yes. B)Whether the Complainant is entitled for compensation an account of mental harassment and legal expenses? Answer - Yes for the following reasons:- REASONS A)Explanation: In this complaint the Complainant has taken public goods carrier comprehensive insurance policy vide policy no.260700/31/ 630001373 covering period 27/03/2006 to 26/03/2007 for the sum insured for the sum insured for Rs. 3,12,500/- by paying insurance premium of Rs.8,232/-. The Tata truck no. MH-05-k-9898 met with an accident on dt.18/12/2006 while carrying coal from panvel to MIDC Dombivali via Kalyan Shil Road due to sudden brakes applied by unknown truck driver at 8.00pm on dt.18/12/2006. The Complaint and Panchanama was registered in the police diary vide no.27/2006 in the police station. The Complainant has given due intimation of the accident alongwith all the necessary papers to the Opponents. The Opponents received the said documents but neglected and failed to settle the claim of the Complainant. The Opponents has appointed Mr.Jatin Mehta as surveyors and the surveyors vide dt.31/12/2006 who has assessed the loss as follows: Rs.19,545/- + 8,500/- but the same is not settled. The Opponent has appointed 2nd surveyor M/s.Jayesh K. Shethia and vide the surveyors report of dt.15/01/2007. It is mentioned in the report that due to non availability of papers/details. I could not submit the report in time. Now insured has given all the details to enable me to submit the report:- But no report is submitted so far till the date of complaint. The Opponent has appointed 3rd surveyor M/s.Sarbjit Singh Bright who has assessed Rs.10,000/- on dt. 01/12/2007 but the same is not settled on the ground of non-cooperation of the Complainant as stated by the Opponent in their written statement and written arguments. The Opponent has appointed 1st surveyor who has prepared the report vide dt.31/12/2006 who has assessed the loss for Rs.19,575/- + Rs.8,500/- but the same is not settled. Therefore non-settlement of the claim of the Complainant amounts to deficiency in service. However the .. 5 .. Opponents have appointed 2nd and 3rd surveyor without any meaningful settlement. Therefore we feel the Opponents are responsible for deficiency in service as well as unfair trade practice which is against the principle of UTMOST GOOD FAITH as well as against the principle of natural justice. The Opponents has not filed any affidavit alongwith the written statement nor they have filed the surveyors report which cannot be accepted as just reasonable and authentic and hence cannot be relied upon. B) Explanation:- The Complainant has filed all the necessary papers to the Opponents for consideration of his legitimate accident claim, but the Opponents have neither taken proper and quick action for settlement of the claim nor given any reasonable grounds for repudiation of the genuine claim of the Complainant. The Complainant has suffered mental and physical harassment and financial loss due to non settlement of the claim. This type of attitude of the Opponents are not just and reasonable. Hence it amounts deficiency in service. Hence we pass the following final order: O R D E R 1. Complaint no.124/2009 is partly allowed and disposed off. 2.The Opponents to settle insurance claim of the Complainant to the tune of Rs.87,817/-(Rs. Eighty Seven Thousand Eight Hundred Seventeen Only) alongwith interest @ 9% p.a w.e.f. 15/10/2007. 3.The Opponents to pay Rs.5,000/-(Rs. Five Thousand Only) to the Complainant towards mental harassment. 4.The Opponents to pay Rs.1,000/- (Rs. One Thousand Only) towards legal and miscellaneous expenses. 5.The Opponents to follow this order within 30 days from the receipt of the copy of order or else additional penal interest @ 3% shall be payable from the date of this order. 6.Copies of this order be provided to the parties free of charges. 7.The Complainants is ordered to take back 2 sets of complaint furnished to the Hon’ble Member or else forum is responsible.
THANE DATE : 25/02/2009
(MR. P.N.SHIRSAT)(MRS. BHAVANA PISAL) MEMBER I/C PRESIDENT | 
