Punjab

Rupnagar

CC/23/1

Dharam Pal - Complainant(s)

Versus

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

Sh. Harish Kumar Adv

09 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROOPNAGAR

 

 

Consumer Complaint No  .01 of 2023

Date of Institution:          : 02.01.2023

       Date of Decision            :  09.06.2023

 

 

Dharam Pal son of Sh. Dasondhi Ram, resident of House No. 4, Gali No. 3, Piara Singh Colony Rupnagar, Tehsil and District Rupnagar.

 

….. Complainant

Versus

 

1.       The New India Assurance Co. Ltd., Hyundai Nodal Office DO 113000 Motimahal, 6^th Floor, Jamshediji Tata Road Churchgare Mumbai, 400020.

2.       The New India Assurance Co. Ltd., through its Branch Manger Rupnagar, Tehsil and District Rupnagar.

3.       The New India Assurance Co. Ltd., through its Branch Manager SAS Nagar (Mohali), Tehsil & District SAS Nagar (Mohali).

 

                                                                               …..Opposite parties

 

 

(Complaint under the provision of Consumer Protection Act)

 

QUORUM:

 

SH.KULJIT SINGH, PRESIDENT

SMT.RANVIR KAUR, MEMBER

 

COUNSEL FOR THE PARTIES

 

For complainant                       :         Sh.Harish Kumar, Advocate

For OPs                                   :         Sh.Amit Gupta, Advocate

 

                            

Per : KULJIT SINGH, PRESIDENT

 

 

1.                Brief facts of the case are that the  complainant owned  car make XCENT No.PB12AE 1112 and was fully insured with OP from 17.11.2021 to 17.11.2022. The total IDV of vehicle as Rs.4,86,000/-. A bus of PRTC bearing no. PB 65 ABB 6459 caused accident by coming to wrong side of road and car was fully damaged and son of the complainant  and his daughter suffered injuries and were taken to Prabh Asra Hospital for first aid and thereafter to Sohana Hospital. The police of  PS Kurali reached at the spot and written complaint to that effect.  All required  information was supplied by the complainant to OP. The Hyundai Agency at Solakhian will also charge for the parking of damaged car of the complainant. The complainant and his son take a loan from Punjab Gramin Bank Ropar for new car in the name of his son and paying interest on the other hand OP has not settled the claim till date in spite of legal notice dated 23.1.2022. The surveyor of OPs also visited the place of accident  and Hyundai Agency at Solkhian to very the fact of accident and condition of the car of the complainant. Due to act and conduct of OPs, the complainant has filed the instant complaint and prayed that the OPs be directed to pay Rs.4.86  along with other benefits, besides Rs.50,000/- as compensation  and Rs.10,000/- as cost of litigation.

2.                 Upon notice, OPs appeared and filed joint written reply and contested the complaint of the complainant by averring that the complainant has purchased the policy covering the vehicle  subject to terms and conditions of policy w.e.f. 17.11.2021 to 16.11.2022.  OPs deputed surveyor Ravinder Goel  to assess the loss and submitted the report  to the company on 15.11.2022 and has recommended for settlement of the case on net of salvage basis for a sum of Rs.3,87,000/-  without registration certificate.  The claim was approved by the company on 10.02.2023  for payment of the same to the complainant. The claim was approved by the company on 10.02.2023 for payment of the same to the complainant.  The company/OPs  is in process of paying the claim subject to the completion of necessaries formalities by the complainant.  OPs denied any deficiency in service on their part and prayed for dismissal of the complaint.

3.                 The complainant has tendered in evidence his affidavit Ex.CW-1/A along with copies of documents Ex.C-1 to Ex.C-8 and closed the evidence. On the other hand, OPs tendered in evidence affidavit of Kamlesh Aggarwal Sr. Divisional Manager as Ex.OP-A along with copies of documents Ex.OP-1 to Ex.OP-6 and closed the evidence.

4.                 We have heard learned counsel for the parties and have also gone through the record of the case very carefully.

5.                 It is an admitted fact that the complainant purchased the policy from OPs covering the vehicle no. PB-12AE1112, subject to terms and conditions of the policy w.e.f. 17.11.2021 to 16.11.2022. This fact was admitted that the vehicle of the complainant met with an accident and intimation in this regard was given to OPs by complainant in time as well as to the police.  On receipt of intimation regarding accident, OPs deputed the Surveyor Sh. Ravinder Goel Surveyor and Loss Assessor  , who has submitted his report on 15.11.022 and recommended for settlement of the case on net of salvage basis for a sum of Rs.3,87,000/- . The said claim was approved by the company on 10.02.2023  for payment of the same to the complainant. The company/Ops are ready to pay the claim , subject to completion of necessary formalities.  This fact was admitted by OPs in their written reply, as such, we cannot say that OPs are not ready to make the payment to the complainant.

6.                 The complainant has placed on record various documents in support of his case, Ex.C-1 is copy of registration certificate issued in the name of Dharam Pal complainant by Registering Authority Ropar on the record.  Ex.C-3 is copy of policy which is valid from 17.11.2021 to 16.11.2022 on the record  and  premium of Rs.13,358/- , the IDV value is Rs.4,86,000/-. Similarly, we have also examined the documents placed on record by OPs. Ex.OP-1 is copy of policy schedule cum certificate of insurance.  Ex.OP-2 is copy of motor claim form.  Ex.OP-3 is copy of Loss/Damage Intimation Letter. Ex.OP-4 is Motor Interim Survey Report prepared by Ravinder Kumar Goel on the record. The said surveyor assessed the loss on salvage basis for a sum of Rs.3,87,000/- without  RC.  The said surveyor mentioned in his report mentioned that the cause of loss  is accidental l in nature and damages coincides with the history and type of loss.  Ex.OP-5 is copy of repudiation of the claim of the complainant. In this letter, Ops specifically mentioned that “we are to inform you that the claim ha been approved by the competent authority for Rs.3,87,000/-  subject to submissions of following documents :

1. Cancellation of Registration Certificate (in original) form the concerned Registering Authority.
2. Please cut the chassis number plate cut in the presence of surveyor and submit as the same.
3. ECS/NEFT particulars of your account along with canceled cheque.
4. NOC from financer Bank, if any.
5. Payment voucher duly signed by you, (copy enclosed)
6. Original policy copy.

For settlement of the claim of the complainant, the above mentioned documents/particulars are necessary but complainant failed to provide the same to the OPs , as such, due to non-providing the said documents/particular , OPs are unable to settle the claim of the complainant.

7.                 From perusal of the entire record on the file, we are of the considered view that OPs are ready to settle the claim of the complainant but in the absence of necessary particulars OPs are unable to settle the claim. As such, we partly allow the complaint of the complainant and complainant is directed to provide the all the relevant documents to OPs for settlement of his claim within 15 days from receipt of copy of this order, further OPs are directed to settle the claim of the complainant within 15 days on receipt of particulars from OPs for settlement of the case.  

8.                 The compliance of the order be made within 45 days from receipt of copy of this order.

9.                This complaint could not be decided within stipulated period due to heavy pendency of the cases. Copies of the order be supplied to the parties free of costs.

10.              File be indexed and consigned to the record room.

Dated         :09.06.2023                                                        

                                                                            

                                                                                       (Kuljit Singh)

                                                                                           President

 

 

 

                                         ( Ranvir Kaur)          

                                                                                                Member