PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Kulwinder Singh Grewal  has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed  to pay the remaining amount of Rs.31,552/- out of Rs.1,19750/- as assessed by the surveyor. The complainant has further prayed that OP be directed to pay Rs.50000/- as compensation for mental agony and harassment along with Rs.15000/- as costs of litigation.

2.        In brief, the case of the complainant is that the complainant got insured his HTV (Tipper Truck) with OP vide insurance policy no.350100/31/08/01/ 00004695 by paying Rs.8941/- as premium. The said insurance policy was valid from 06.12.2008 to 05.12.2009 for an assured sum of Rs.9 lacs. According to the complainant, the said vehicle met with an accident on 22.12.2008. On intimation, Sh.N.S.Dhillon (Surveyor) was deputed to assess the loss. He assessed the loss to the tune of Rs.1,19,750/-. OP released the claim of Rs.86,500/- instead of Rs.1,19,750/- in the month of April 2009. According to the complainant, the deduction of Rs.31,572/- from the assessed claim of Rs.1,19,750/- by the OP amounts to deficiency in service. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by the OP, it has been pleaded that the vehicle in question was issued Goods Carriage Permit for hire or reward by the Motor Vehicles Department, Govt. of Punjab but the complainant got insured the vehicle under Misc. and Special Type of Vehicles Policy and Package by paying the premium of Rs.8942/- only. It has further been pleaded that the vehicle in question was required to be insured under the Good Carrying Commercial Vehicles Policy and Package for which the complainant is liable to pay the premium of Rs.19,183/- instead of Rs.8942/-. Hence, the complainant got insured his vehicle by paying less premium by concealing the true facts. It has further been pleaded that as per circulars (R-3 and R-4), further recovery is to be effected for the last three yeas from the complainant but taking a lenient view, the claim of the complainant was released on sub-standard basis i.e. 75% of the assessed amount of the surveyor. In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal.

4.        We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 

5.        Annexure R-2 is the copy of the proposal form filled up by the complainant at the time of getting the vehicle insured from OP. In Column No.4 i.e. make and model, it has been mentioned that the vehicle in question is TDV Tipper 2516 H/4C. Against the column No.14 i.e. use of the vehicle, it has been specifically mentioned that the vehicle will be used for commercial purposes. Thus, the complainant had disclosed clearly that the vehicle in question shall be used for commercial purposes at the time submitting his proposal for getting the insurance of the  vehicle in question. In these circumstances, the plea taken by OP to the effect that the complainant had got insured the vehicle under Misc. and Special Type of Vehicles Policy and Package instead of Good Carrying Commercial Vehicles Policy and Package is wrong and contrary to the document submitted by OP itself. In these circumstances, the deduction of the amount of Rs.31,552/- from the total amount i.e. Rs.1,91,750/- assessed by the surveyor  is illegal and amounts to deficiency in service.

6.        In view of the above findings, this complaint is allowed with a direction to OP to reimburse the amount of Rs.31,552/- to the complainant.  OP is also directed to pay to the complainant a sum of Rs.10,000/- as compensation for mental agony and harassment along with Rs.5000/- as litigation costs.

7.        This order be complied with by OP within 45 days from the date of receipt of its certified copy, failing which the OP shall be liable to pay Rs.41,552/- to the complainant along with penal interest @ 18 p.a. from the date of filing of the complaint i.e. 12.05.2009 till its realization besides costs of litigation.

8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

14.05.2010

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(MADHU MUTNEJA)

MEMBER