Punjab

Rupnagar

CC/19/9

Amrinder Singh Loomba - Complainant(s)

Versus

The Manager,United India Insurance Company Ltd - Opp.Party(s)

Sharanjeet Singh Ratan

03 Jul 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPER

                                 Consumer Complaint No. : 09 of 06.02.2019

                                 Date of decision                    :    03.07.2019

 

 

Amrinder Singh Loomba, aged about 44 years, son of Sh. Raghubir Singh, resident of House No.18, Contractor Colony, Nangal, Tehsil Nangal, District Rupnagar. 

 

                                                                 ......Complainant

                                             Versus

 

The Manager, United India Insurance Company Limited, Branch Office, Naya Nangal, Tehsil Nangal, District Rupnagar

 

   ...Opposite Party

 

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        CAPT. YUVINDER SINGH MATTA, MEMBER

 

ARGUED BY

 

 

Sh. S.S. Rattan, Adv. counsel for complainant  

Sh. Rajesh Sharma, Adv. counsel for O.P. 

 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.    Amrinder Singh Loomba, aged about 44 years, son of Sh. Raghubir Singh, resident of House No.18, Contractor Colony, Nangal, Tehsil Nangal, District Rupnagar, has filed the present complaint seeking directions to the opposite party to pay the claim of the tanker to the complainant; to pay Rs.1,00,000/- as compensation; to pay Rs.50,000/- as litigation charges, in the interest of justice.  

2.    Brief facts made out from the complaint are that The complainant was the registered owner of the Tanker bearing registration No.PB-12H-2788, which was insured by the O.P. company vide insurance policy No.11090033114P1091093570 w.e.f. 10.02.2015 to 09.02.2016 for a sum of Rs.2,60,000/-. On 28.10.2016, the complainant met with an accident in the area of Village Barhedi, Near Jind City, Haryana. Thereafter, he reported the matter to the police P.S. Sadar, Jind, Haryana and the police registered G.D. No.037 dated 30.01.2016 and he also informed to the office of O.P. about the said accident, the surveyor for assessing the loss of the tanker was appointed by the O.P. Company, who conducted the survey to the accidental tanker on 30.01.2016. The said surveyor namely Surinder Kumar Juneja, issued the receipt to the complainant regarding the spot survey and thereafter, the complainant brought the tanker to Nangal by towing it from Jind and approached the O.P. many times for the final survey, supplied the documents which are demanded by the O.P. Lastly, he approached the O.P. 15 days ago. After that the complainant sent a legal notice dated 12.01.2018 to the O.P. for the purpose of conducting the final survey and to pay the claim of the tanker in question but the O.P. failed to give reply of the said legal notice and also failed to pay the claim of the tanker in question. Hence, this complaint.

 3.   On being put to the notice, the O.P. appeared through his counsel and filed written reply taking preliminary objections; that the complaint is not maintainable in the present forum; that there is no deficiency in service on the part of O.P.; that the complainant has no cause of action to file the present complaint; that this Hon'ble Forum has no jurisdiction to decide the present complaint; that there are so many complicated facts involved in the present complaint; that the complaint is time barred. On merits, it is stated that O.P. had not received any intimation from the insured and the complainant had not lodged any claim before the O.P. No spot survey was conducted by any surveyor of company. Rest of the allegations made in the complaint have been denied and prayer has been made for dismissal of the complaint.

4.    On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with the documents Ex.C1 to Ex.C10 and closed the evidence. The learned counsel for the O.P. has tendered duly sworn affidavit of Smt. Deepika Sharma, Deputy Manager of United India Insurance Company Ex.OP1/A along with documents copy of insurance policy Ex.C1 and closed the evidence.  

5.    We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.    Complainant counsel Sh. S.S. Rattan, made prayer that Amrinder Singh Loomba, purchased one policy relating to tanker bearing registration No.PB-12H-2788 for the valid period w.e.f. 10.02.2015 to 09.02.2016 from the O.P. Unfortunately, the tanker met with an accident on 28.1.2016 and O.P. was informed who appointed a surveyor to assess the loss. On 30.1.2016,  surveyor namely Surinder Kumar Juneja, visited the spot but thereafter till today. O.P. did not allow the claim. Lastly prayed to allow the complaint.

7.    Sh. Rajesh Sharma, counsel for the O.P. argued that so far the policy is concerned i.e. not denied but occurrence, information, DDR and appointment of the surveyor are totally denied. He made the prayer that in case accident took place then complainant was duty bound to inform the O.P. without delay. Now the complaint is time barred and O.P. has no information qua the occurrence. Lastly prayed to dismiss the complaint.

8.    Complainant is resident of Nangal (Ropar), O.P. is having office is also in this District. Tanker was purchased and it was insured with the O.P.  Complainant placed on file policy and also produced the legal notice Ex.C10 issued by Sh. Vijay Kaushal, Advocate to the O.P. O.P. has denied the occurrence. So, it is a consumer dispute and this forum has territorial jurisdiction.

9.    Complainant approached this forum seeking relief for payment of the loss occurred to his vehicle, which met with an accident during the valid period of policy. Though, the complainant given incorrect date qua the relevant period as mentioned 10.02.2005 to 09.02.2016, but the correct date is 10.02.2015 to 10.02.2016. Similarly, the wrongly mentioned the date of occurrence which is 28.01.2016 and alleged in the complaint is 28.10.2016. All these show negligence on the part of the complainant.

10.  Beside this, complainant placed on file Ex.C1 i.e. request letter to the Manager Insurance Company, which is without date and insurance receipt dated 10.12.2017 issued by Surindera Truck Body, Kiratpur Sahib. Then complainant placed on file photocopy Ex.C4 to Ex.C9. Beside the copy of the notice Ex.C10. At the same time, O.P. placed on file Ex.OP1 which is photocopy of the policy and the period of accident is covered. O.P. insurance company has taken the specific plea that no notice or request was ever received from the side of the complainant by the O.P. But to rebut this fact, complainant pleaded that surveyor Sh. Surinder Kumar Juneja  was appointed who visited the spot and checked the vehicle on 30.1.2016. It is also pleaded that he received the fee Rs.1200/- from Amrinder Singh (complainant) for the inspection/survey of vehicle bearing registration No.PB-12H-2788. The complainant made request that O.P. was informed at the relevant time without delay qua the occurrence of the accident and the surveyor visited the spot. But till today neither the claim of the complainant has been repudiated nor allowed. In this way, the complainant counsel made prayer that deficiency is apparent.

11.  It is well settled law that complainant has the right to approach the forum on the basis of repudiation of the claim. But in this case, the O.P. denied but complainant proved the appointment of surveyor dated 30.1.2016. Whereas, the occurrence alleged is 28.01.2016 and DDR is on the file. The complainant awaited more than 3 years then approached this forum. After appreciating the totality of the documents and appreciating the arguments, this complaint is disposed off with the directions to the complainant counsel to hand over all the necessary documents within one month from the date of receipt of certified copy of this order to the O.P. counsel Sh. Rajesh Sharma, against proper receipt, who will further transit the complete file to the insurance company and the insurance company is directed to dispose the claim within 90 days from the receipt of the documents by Sh. Rajesh Sharma. The file be consigned to the Record Room.    

12.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.          

 

                     ANNOUNCED                                    (KARNAIL SINGH AHHI)

                     Dated.03.07.2019                           PRESIDENT
 

 

 

 

                                               (CAPT. YUVINDER SINGH MATTA)

                                                                   MEMBER