DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
MAHARANA PARTAP BUS TERMINAL: 5th FLOOR.
KASHMERE GATE DELHI.
No. DF / Central/ 2015
Consumer Complaint No | : | CC 50/2013 |
Date of Institution | : | |
| | | |
Virender Dabas,
E-23, MCD Flats , Kamla Nagar
R/o AK -23 Shalimar Bagh,
Versus
M/s The New India Assurance Co. Ltd
Service to be effected through its Regional Manager/ AR
18/7-8, Ist Floor, Keltron Chamber (311000)
Arya Samaj Road, Karol Bagh, New Delhi
..........Respondent/OP
BEFORE
SH. RAKESH KAPOOR, PRESIDENT
SH. S. N. SHUKLA, MEMBER
ORDER
Per Sh. RakeshKapoor, President
The complainant is the registered owner of a car Santro bearing no. DL -2C-AD-8285 and had purchased a policy of insurance in respect of the said car from the OP for the period 4.7.2010 to 3.7.2011. On 25.2.2011 , at about 3.30 am the car was involved in an accident and was damaged. The complainant had informed the OP about this and had brought the car to an authorized service center. He had lodged a claim in respect of the loss which was repudiated on the ground that the car was fitted with CNG kit which fact had not been endorsed in the RC book as well as in the insurance policy. The complainant has alleged deficiency in sevice on the part of the OP and has approached this forum for redressal of his grievances. The OP has contested the complaint and has filed a written statement. It has denied any deficiency of service on its part and has claimed that the complainant has concealed material facts and has not come to the forum with clean hands. The OP has contested the complaint on merits. It has, however, not denied that it had issued a policy of insurance in respect of the aforesaid vehicle in favour of the vehicle. Para 6 of the reply on merits is relevant for the purpose of the decision of this complaint and is being reproduced as under:
6. Contents of para 6 of the complaint needs no reply being the matter of record. However, it is , submitted that on receiving the claim of the complainant the respondent/ OP deputed Sh. Lajpat Rai Munjal, Insurance Surveyor & Loss Assessor , to survey the extent of loss/ damage caused to the vehicle of the complainant. It is further submitted that the said surveyor inspected the vehicle of the complainant on 4.3.2011 at the workshop of M.G. F. Automobiles Ltd. G. T. Karnal Road, Delhi. After the survey of the vehicle, the said surveyor gave its report that the car of the complainant is fittled with CNG kit which has not been found endorsed in R/C book as well as in the insurance policy obtained by the complainant which is violation of the Motor Vehicle Act/ Rules. It is further submitted that the complainant had obtained the said insurance policy by concealing the said fact from the respondent/ OP.
The OP has claimed that it had rightly repudiated the claim lodged by the complainant.
We have heard arguments advanced at the bar and have perused the record.
Some of the facts are not in dispute. It is admitted on record that the complainant is the registered owner of the insured vehicle. It is also not disputed that the OP had issued a policy of insurance in favour of the complainant which was valid for the period 4.7.2010 to 3.7.2011. It is also not disputed that the car had met with an accident during the subsistence of the aforesaid policy on 25.2.2011 and had received damage . It is also not disputed that on being informed the OP, the OP had appointed a surveyor to inspect and assess the loss. The surveyor had filed a report wherein he had assessed the loss to the tune of Rs. 6805834/-. The OP has repudiated the claim on the ground that the physical inspection of the car had revealed that it had benefited with CNG which fact had not been endorsed in the R/C book / insurance . We are afraid this cannot be a ground for repudiation of the claim in respect of the insured vehicle. The fact as to whether the vehicle had been fitted with CNG and as to whether it was endorsed on the R/c had to be taken into consideration by the OP at the time of entering into the insurance policy. Having issued an insurance policy in respect of the vehicle in question , the OP cannot later on turn around and say that it was fitted with CNG which fact was not endorsed on the R/C / Insurance Policy. There is no allegation that the accident had taken place because of the fact that the vehicle was fitted with the CNG. Courts on a number of occasions have impressed upon the officers of the insurance policies who deal with passage of claims to act in a manner which advances the purpose for which an insurance contract has been entered into. It has been impressed on them not to reject the claims on flimsy grounds. The present one is such a case where the claim has been rejected purely on whims and fancies. We , therefore, hold OP deficient in rendering services to the complainant by repudiating the claim lodged by the complainant. We, direct the OP as under:-
- Pay to the complainant a sum of Rs. 63058.34 along with interest @ 10% p.a. from the date of institution of this complaint i.e. 8.3.2013 till payment.
- Pay to the complainant a sum of Rs. 20000/- as compensation for pain and agony suffered by the complainant.
- Pay to the complainant a sum of Rs. 5000/-as cost of litigation.
The above amount shall be paid by the OP to the complainant within 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OP fails to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.
Copy of the order be made available to parties free of cost as per law.
File be consigned to R/R.
Announced in open sitting of the Forum on_____________
( S N SHUKLA ) ( RAKESH KAPOOR )
MEMBER PRESIDENT
