Punjab

Rupnagar

CC/23/7

Ajaib Singh - Complainant(s)

Versus

The new India assurance co. Ltd - Opp.Party(s)

Sh. R.K Manan Adv

31 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, RUPNAGAR

                                                                 Complaint Case No. 07 of 2023

                                                                         Decided on :  31.07.2023        

Ajaib Singh aged about 57 years son of Nand Singh resident of village Algran, Tehsil Anandpur Sahib District Rupnagar

                                                                                                        ……Complainant

                                                         VERSUS

 

The New India Assurance Co. Ltd. Through its branch manager kiratpur Sahib Tehsil Sri Anandpur Sahib District Rupnagar.

                                                                                             ..….Opposite Party (OP)

(Complaint under the provisions of Consumer Protection Act)

QUORUM:

RANVIR KAUR, MEMBER

RAMESH KUMAR GUPTA, MEMBER

 

ARGUED BY:

 

For complainant: Sh. R.K Manan Advocate

For OP:               Sh. Narinder Kumar Advocate   

                                                                                                                                 

   ORDER

   PER RANVIR KAUR MEMBER

1.  It is submitted that the complainant is permanent resident of above noted address and the owner of Maruti Swift Car bearing Registration No.PB-12-W-6459. Copy of the same is attached herewith.
2.  On dated 14.03.2021 at about 12.00 midnight, the complainant was coming from Nurpur Bedi to village Algran and when he reached near village Singhpur then suddenly a stray animal came in front of complainant's above said car and then in an attempt to save the said stray animal, the car got out of control and hit with a pun constructed on the road side and thus the vehicle of the complainant got damaged in this accident. DDR No. 37 dated 22.03.2021 PS Nurpur Bedi was got registered in this regard. Copy of DDR is attached herewith as Annexure A-3. That thereafter the complainant immediately informed and quickly approached the OP for the repair of the car for the above damage and also submitted all the required papers in this regard in the office of above OP.
3. That after receiving all the papers from the complainant, the above OP asked the complainant to park his vehicle at Maruti Service Station, Nangal and further assured that after the inspection all the damages of the car will be repaired by the above Maruti Service Station, Nangal and they i.e. OP will pay all the money in this regard due to cashless insurance of the said vehicle and the complainant will not have to pay a single penny.
4. That thereafter the complainant approached t e OP on numerous times asking them to repair the damage of their car, but the OP kept on putting the matter on one pretext or another then later OP issued a letter to the complainant in this regard on 0.08.2021 and a reminder to this letter on 01.11.2021 wrongly and illegally without any cause/action, to which the complainant had responded through his letters. Copy of letters are attached herewith as Annexure A-4 and A­5.
5. That it is pertinent to mention here that the complainant had never met with an accident as alleged in the OP's letters referred to the complainant. It is pertinent to mention here that the complainant had never reported such accident in his DDR nor has taken any claim from any company till date. It is further pertinent to mention her that on dated 02.09.2021 the OP’s issued false and baseless letter with intend to harass the complainant by not repairing his damaged car. Copy of letter dated 02.09.2021 is attached herewith as Annexure A-6.
6. That the car has not been repaired till date and moreover the above Maruti Service Station, Nangal is asking to pay charges of Rs.250/- per day from the date the car was Parked at their service station. The service station have further threatened to get the complainant's car sell off in order to recover their above mentioned each day parking  charges and this was brought to the notice of the OP but of no use.
7. That the complainant had approached the OP number of times and requested him tp get his damaged car repaired through Maruti Service Station, Nangal, where the OP had initially asked the complainant to park his car for repair, but the OP paid no heed and finally refused the complainant in the first week of December 2022 to get the car repaired.

8. That the complainant has suffered for the deficiency on the part of OP and thus the OP may be directed to redress the loss suffered by the complainant by getting the complainant's damaged car repaired as soon as possible for free as the complainant was having a cashless insurance of his damaged vehicle at the time of accident along with the Rs. 250/- per day parking charges sought by Maruti Service Station, Nangal from the complainant from the day of parking and any other charges if sought by the said service station.
9. It is therefore prayed that the OP’s may kindly be ordered:-

a.) Getting the complainant's damaged car repaired from Maruti Service Station, Nangal as soon as possible for free as the complainant was having a cashless insurance from the OP of his damaged vehicle at the time of accident along with payment of Rs. 250 per day parking  charges sought by Maruti Service Station, Nangal from the complainant from the day of parking of the damaged car and any other charges if sought by the above service station.

     b.) That the complainant has suffered physical, mental and monitory loss and harassment due to the deficiency in services and unfair trade ractice of the OP. So the OP are liable to pay damages of Rs.3,00,000/-to the complainant on this score also.

     c.) To pay Rs. 25,000/- as cost of the complaint

    d.) And any other relief which this Hon'ble court may deems fit may also be  granted  to the complainant, in the interest of justice.

The respondent submitted their written statements as under:-

1. That the brief facts of the case are that vehicle bearing no PB -12-w-6459 is registered in the name of the Ajaib Singh S/o Nand Singh, Rio Village Algran, PO Bhallan, Tehsil Nangal District  Rupnagar, as per the registration certificate issued by Transport Authority, Rupnagar. The said vehicle was insured with the Divisional office Ambala Cantt of the New India Assurance Company Ltd vide Private Car Package Policy bearing no  5350031200100005592, w.e.f 19-01-2021 to 18-01-2022, subject to terms and conditions of the insurance policy in question. Motor Vehicle Insurance Police bond was supplied to the complainant. Copy of Insurance Policy • Bond is Annexure R-1.
2. That the insured vehicle met with an alleged accident on the intervening night  19/20-03-2021, near village Singhpur, Nurpur Bedi and the insured gave intimation qua the alleged accident to the Branch Office, Mehatpur on 24- 03-2021, and also lodged the claim against the-insurance policy in question by submitting Motor Claim Form with the OP by giving declaration that the insured vehicle met with an accident on the intervening night of 19/20-03-2021 ,near village Singhpur ,Nurpur Bedi, while saving a stray animal suddenly car became out of control and hit with a road side pulley berm which caused damage to insured vehicle.  Copy of claim intimation form are annexure R-2 and R -3 respectively.
3. That Sh. Sukhwinder Singh Notra, Government Approved Valuer, Surveyor and Loss Assessor/ was entrusted with the job to  Motor (Final) Survey Report who submitted Motor (Final) Survey Report date 4-06-2021, with the OP by assessing the loss 6-Rs.2,54,000/_ on net of salvage basis without RC. During the course of claim proceedings, the complainant also submitted a consent affidavit duly attested by the Executive Magistrate, Nangal, with the OP. Copies of Motor (Final) Survey Report dated 14-06-2021, and a consent Affidavit are Annexure R-4 and R-5 respectively.                                                                                                               
4. That the complainant during the course of claim proceedings submitted                  affidavit duly attested from the Executive Magistrate, Nangal, with the OP by solemnly affirming and declaring that "on dated 19-03-2021, the insured vehicle met with an accident near village Sins lour, Nurpur Bedi, while saving a stray animal suddenly car became out of untrol and hit with a road side pulley berm from its front side (*mainly and due to happening of the said unpredictable incident, there is no third pal ty loss to any property". Copy of an affidavit dated 15-04-2021, is Annexure R-6.
5. That Sh. A.P. Singh, G.I.C. Claims Investigator, was entrusted with the job to make investintion qua own damage claim of Aide bearing registration number PB-12-W-6459, lodged against the policy in question by the complainant who submitted his Investigation Report dated 17-07-2021, with the OP. Copy of Investigation Report is Annexu re-R-7.
6. That perusal of the Investigation Report dated 1707-2021,_shows that the alleged accident took place between a car bearing registration number PB-12-W-6459 and a tractor bearing registration number  PB-07-B D-4542, and a compromise was also effected between the Parties. Copy of compromise is .Annexurc R-8.
7. That the owner of the tractor gave intimation qua the alleged accident and also lodged the claim against the policy by submitting Motor Vehicle Claim Form, with the OP. Er. Shingara Singh, Engineer, Surveyor and Loss Assessor was entrusted with the job to prepare Motor Final Survey Report 1%,ho submitted his Motor Final Survey Report dated 29-07-2021, with the OP. Copies of claim Intimation form, Vehicle claim form, Motor final survey report dated 29-07-2021 ,are Annexures R-9  and R-11 respectively.
8. That the answering OP most respectfully submits that the complainant gave a false statement in his Claim Intimation Form, Motor Claim Form and also filed a false affidavit duly attested from Executive Magistrate, Nangal, by concealing the material facts from the OP qua the involvement of third party vehicle bearing registration number PB-07-BD-4542, for the reasons best known to the complainant.
9. That there is neither any deficiency in service nor any unfair trade practice on the part of the answering OP as the claim of the complainant was rightly repudiated/closed as "No Claim" by OP vide repudiation letter dated 29-1 1- 2021, on the ground of concealment of material facts by the complainant qua the involvement of third party vehicle bearing 'registration number PB-07- BD-4542, by giving false statement in Claim Intimation Form, Motor Claim Form and also submission of a false affidavit with the OP. The answering OP most respectfully further submits that the intimation qua the alleged accident was given by the complainant after a considerable delay. Hence, the present complaint is liable to be dismissed.
10.  The complainant has tendered into evidence his affidavit Ex CW1/A alongwith documents Ex.C1 to Ex.C8  and closed the evidence. On the other hand, the learned counsel for the O.Ps has tendered some documents Ex. OP1/A to Ex.OP-16 and closed the evidence.
11. We  have heard learned counsel for the parties and have gone through the  complaint file  alongwith documents very minutely.
12.  From the pleadings of the parties and the arguments addressed by them the issues have been narrowed down as follows. Surveyor/loss Assessor of OP has submitted the survey report dated 14.06.2021 assessing the loss of Rs 2,54000/-.
13. However the investigation report by Sh. AP Singh GIC claims Investigator appointed by OP in its report has submitted that in fact the accident of place between the relevant car bearing RC No. PB12W 6459 with tractor bearing RC No. PB 07BD 4542 and that subsequently a compromise annexure R-8 was effected between the parties.
14.  OP has repudiated the claim of the claimant vide letter dated 29.11.2021 on the basis that the complainant has submitted a false intimation report to the OP concealing the involvement of third party. ( Tractor PB 07BD 4542) in the accident and had similarly lodged a false DDR with the police.
15.  The afore  said factum of repudiating  the claim of the complainant merely on the ground of furnishing false information is corroborated from the following lines contained in the written statement of OP:

“ If the complainant would have supplied a correct information only then the OP wouldhave able to pay as per terms and conditions of the insurance policy in question “

16. Now in the afore -said scenario whether the OP could have repudiated the claim of        the complainant on the basis of afore- said false information allegedly in violation of the insurance policy. It is Pertinent to mention here the surveyor/loss assessor appointed by the OP, having submitted survey report dated 14.06.2021 assessing loss of Rs 2, 54000/- the  parties are not at issue on any other point.
17. Consumer protection Act 2019 is a consumer friendly legislations enacted with the purpose to benefit the innocent consumers by passing the technicalities of law now the factum remains that the complainant has bonafidly paid the due premium of the insurance policy.
18.  Further the accident and the loss of Rs 2,54000/- is not disputed.  It is the case of the OP himself that the claim of the third party if any has been compromised.
19. In the afore- said circumstances declining the claim of the complainant on mere submission of alleged false information would be too harsh by giving over importance to mere irregularity of intimating false information, the OP having not been prejudiced by it in any way.
20. Hence, we allow the complaint partly and complainant is entitled to the afore- said assessed loss of Rs 2,54000/- payable from the date of  repudiation of the claim of the complainant ( wrongly repudiated in light of submission made above) along with interest at the rate of 8 % per annum till payment However in the peculiar facts and circumstances of the case there is no order as to any other cost.

 

 

21. The O.P is directed to comply with  the above said order within 30 days from  the date of receiving  of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be indexed & consigned to the Record Room.

Dated:31.07.2023

 

 

(RAMESH KUMAR GUPTA)                                                       ( RANVIR KAUR)

                   MEMBER                                                                                     MEMBER