Complaint filed on: 23-07-2020

                                                      Disposed on: 29-09-2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

CC.No.34/2020

DATED THIS THE 29^th DAY OF SEPTEMBER, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Guruprasad.M.S

S/o Somashekharappa.M.S

Aged about 30 years,

R/o near Padmapriya School,

Shanthi nagar, Tumakuru

(By Sri.T.N.Ajay, Advocate)

V/s

Opposite parties:-    

1. The Manager,

Reliance General Insurance Company Ltd, Reliance Centre, South Wing, 4^th Floor, Western Express Highway, Santa Cruz (East), Mumbai-400055

2. The Manager,

Reliance General Insurance Company Ltd, Balaji Towers, 1^st Floor, 

Ashok Nagar, BH Road,

Tumakuru – 572 101

(OP No.1-by advocate Sri.H.K.Ramamurthy)

(OP No.2-Exparte)

ORDER

SMT.NIVEDITA RAVISH, LADY MEMBER

This complaint is filed under Section 12 of CP Act, 1986 against the opposite party nos.1 and 2-Reliance General Insurance Company Ltd (herein after called as OP insurer) to direct the OP to settle the claim of complainant for Rs.5,76,975-00 towards the damage and repair of the vehicle in claim no.3119066956 dated 21-3-2019 along with interest and damages of Rs.2,00,000-00 and litigation cost.

          2. It is the case of complainant that he is the owner of Tavera Neo-3LS vehicle bearing Reg.No.KA-51-D-0271 and he has insured the said vehicle with OPs insurance company with policy no.141721823400000398 valid from 30-3-2018 to 29-3-2019. The said vehicle of the complainant was met with an accident on 20-3-2019 at 8.30 p.m. on Sindanuru-Kushtagi road in Raichur district. Due to the said accident the vehicle belonged to the complainant was damaged fully and the case was also registered against the driver namely T.H.Kiran at Sindanuru Traffic Police Station on 21-3-2019 in Cr.No.17/2019 under Section 279 of IPC. Further the complainant has immediately taken the vehicle to the garage by name Samarth Automotivez at Sindanuru and also intimated the said accident to OP. Accordingly the complainant placed the claim petition before the OP for the damage of vehicle in claim no.3119066956 dated 21-3-2019.  The OP surveyor has surveyed the damaged vehicle and assessed the damage at Rs.5,13,239-41. But the OP has not agreed to pay the said amount and instead the OP is assuring to give only Rs.2,50,000-00. The complainant is depending on the income of said vehicle which used as tourism cab. The complainant has approached the OP to settle the claim several times but the OP has not cooperated with the complainant. The complainant has got issued legal notice to OP on 7-9-2019 and the said notice served to OP, but they have not replied nor complied the claim of complainant. Hence, this complaint.

          3. In response to the notice 1^st OP appeared through its learned counsel and filed written version admitting that the policy was issued in favour of the vehicle of complainant and also admitted its surveyor conducted survey. It is further submitted that the 1^st OP has approached the complainant to furnish the relevant documents to proceed his claim, but the complainant has failed to do so hence, the 1^st OP has rightly repudiated the claim of complainant and claim is pending for want of documents. It is further submitted that the complainant has failed to furnish the documents before the 1^st OP and the complainant has suppressed the real facts for the purpose of claiming compensation from this OP-Insurance company. On the above grounds, the 1^st OP has prayed to dismiss the complaint with cost. 

4. In response to the notice 2^nd OP failed to appear hence, he is placed exparte.

          5. The Complainant has filed his affidavit in lieu of evidence and marked Exs-P1 to 13 documents. On behalf of 1^st OP one Sri.Prakash Kumar Tiwari has filed his affidavit in lieu of evidence.

          6. We have heard the arguments of learned counsel for the complainant in addition to their written brief and the points that would arise for determination are as under:

1)      Whether the complainant proves the deficiency in service on the part of OPs?

2)      Is complainant entitled to the reliefs sought for?  

7. Our findings on the aforesaid points are as follows:

Point No.1: In the negative

Point No.2: In the negative for the below

REASONS

          8. Point No.1 and 2: The learned counsel for the complainant has submitted that he is the owner of Tavera Neo-3 LS vehicle bearing Reg.No.KA-51-D-0271 and he has insured the said vehicle with OP Insurance Company with a policy No.141721823400000398 valid from 30-3-2018 to 29-3-2019. The 1^st OP has also admitted the above policy and its validity in its version and affidavit. The complainant has produced Ex.P5 and Ex.P6 copies of policy.

          9. The OP insurer has not disputed the vehicle of complainant met with an accident on 20-3-2019 at 8.50 p.m. at Sindanuru – Kushtagi road, Raichur district and damages to the vehicle.  The OP contention is that the complainant has not submitted the claim form along with documents which are necessary for processing the claim. The complainant without submitting the claim application and furnishing the relevant documents by suppressing the real facts has failed this complaint claiming compensation from the OP. The complainant has produced Ex.P1 copy of FIR, Ex-P2 copy of legal notice, Ex-P13 photos of damaged vehicle. Other documents pertaining to insurance policy copy of RC, Adhaar card, PAN card and copy of driving licence. The OP has not disputed the accident which said to have taken place at 20-3-2019.

          10. The complainant has produced Ex-P8 interim report bearing claim no.3119066956 dated 21-3-2019 of the garage where the complainant has left the vehicle for repair i.e. Samarth Automotivez assessed the insurance liability at Rs.5,13,239-00 on next date of accident. Further the complainant has produced vehicle repair estimation dated 25-3-2019 made by Samarth Automotivez, Sindhanuru. These documents are only estimation and interim report with regard to date of accident and detail summary estimation made by the garage owner. The complainant has not submitted the claim application along with the relevant documents. The complaint is silent with regard as to whether the vehicle was repaired or not on the date of filing the complaint i.e. on 23-7-2020. The OP insurer is liable to pay the actual repair charges or insured amount whichever is less. The complainant has not produced any documents to show that he has submitted the claim application along with documents to show that the vehicle got repaired and he has paid the repair charges. Unless the claim application submitted along with relevant documents the OP cannot process the claim. Thus, the complainant has failed to prove the deficiency of service on the part of OP insurer. For the above reasons, we proceed to pass the following;

ORDER

The complaint is dismissed without cost.

However the complainant is directed to submit the claim application to the OP insurer along with bills if the vehicle is repaired.

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 29^th day of September, 2021).

LADY MEMBER            MEMBER                       PRESIDENT