Haryana

Karnal

81/14

Parbir Kumar Panigrahi - Complainant(s)

Versus

The New India Assurance Co - Opp.Party(s)

Sh. Surinder Gureja

01 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                          Complaint No. 81 of 2014

                                                          Date of instt.: 26.03.2014

                                                          Date of decision:01.12.2015

 

Prabir Kumar Panigrahi s/o Narain Panigrahi resident of House no.609, Sector-13, Old Housing Board Colony, Karnal.

                                                                  ……..Complainant.

                   Vs.

 

 

The New India Assurance Company Ltd. through its Divisional Manager, Divisional Office,Opposite Partyposite Bus stand, Old GT Road, Karnal.

 

                                                                  …..Opposite Party.

                     Complaint u/s 12 of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……….President.

                   Smt. Shashi Sharma……….Member.

                   Sh.Anil Sharma…….Member.

 

Present:-       Sh.Surinder  Gureja Advocatge for the complainant.,

                    Sh.Naveen Khetarpal Advocate for the Opposite Party.

 

                  

ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986, on the averments that the complainant got his  Maruti A-Star car bearing temporary registration No. HR-99-TP-9892 insured from the Opposite Party,  vide insurance policy No. 312600/31/120/00544386  for the period of 13.1.2013 to12.1.2014.  On 21.1.2013 the said car met with an accident in the area of Sector 13, Urban Estate, Karnal .  Due to sudden emergence of a cow on the road, the driver could not control the car and the same struck against  a wall. In the said accident, the car was damaged. Intimation was  given to the Opposite Party and the car was shifted to M/s Car Motors for repairs. Sh.S.K.Makkar, was deputed as surveyor by the Opposite Party who visited the  Karnal motors, inspected the car and assessed the loss to the tune of Rs.22200/- whereas the amount of Rs.26603/- was  paid by the complainant for the repairs. Thereafter, the Opposite Party deputed an investigator, who visited the complainant and got signed some blank papers from him  with a promise to pay the claim expeditiously, but the Opposite Party  postponed the matter on one pretext or the other. When the complainant pressurized the Opposite Party one statement was got signed from him which was contrary to the previous statement given at the time of intimation. Thereafter, claim of the complainant was made “No Claim” vide letter dated 3.5.2013. The complainant a gain approached the Opposite Party for making payment of his claim but, Opposite Party refused to pay any compensation. In this way, there was deficiency in services and unfair trade practice on the part of the Opposite Party which caused mental harassment to the complainant apart from financial loss.  

 

2.                 Notice of the complaint was given to the Opposite Party who appeared and filed written statement controverting the claim of the complainant. Objections have been raised that complaint is not maintainable; that the complainant has not approached this Forum with clean hands; that the complainant is estopped from  filing the present complaint by his own acts and conduct and that complainant has no cause of action to file the present complaint.

 

                   On merits, it has been admitted that Sh.S.K.Makkar, surveyor   had assessed the loss. It has been submitted that  the complainant was not entitled to get the claim   assessed by the surveyor as he misrepresented facts to the Opposite Party by giving false information about the site of accident and thus violated the undertaking  given at the end of the claim form. It has been denied that blank papers were got singed from him and that he was pressurized to sign the statement as alleged.

 

3.                 In evidence of the complainant his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4 have been tendered.

 

4.                 In evidence of the Opposite Party, affidavit of ShriD.K. Sarin, Sh.S.S.Bajaj  partner of M/s S.V. Associates Karnal and Sh.S.K.Makkar, surveyor   Ex.O1 to Ex.O3 respectively and documents Ex.O4 to Ex.O8 have been tendered.

 

5.                 We have appraised the evidence on record, the material circumstances of the case and  the arguments advanced by the learned counsel for the parties.

 

6.                 There is no dispute that car of the complainant was insured with the Opposite Party and the same was damaged in an accident. Surveyor was appointed by the Opposite Party, who assessed the loss as Rs.22,000/-.An Investigator S.S.Bajaj was appointed by the Opposite Party who submitted his report Ex.O5. The claim of the complainant was made  “No Claim” by the Opposite Party on the ground that he had  made contradictory statements regarding the place of accident, which amounted misrepresentation of facts.

 

7.                 The learned counsel for the Opposite Party put a great thrust upon the contention that complainant  is educated person and was working as Manager in the Bank of India at the relevant time. Therefore, his plea that he was pressurized to put   signatures on the statement  contrary to his previous statement, cannot be accepted. He has further argued that   as per report of S.S.,Bajaj, investigator Ex.O5, which finds support from his affidavit  Ex.O2, the complainant during investigation made a statement that the accident took place in his house while parking the car, whereas according to the intimation given by him to the Opposite Party the accident  had taken place in Sector 13, Urban Estate, Karnal and in this way, the complainant made contradictory statements regarding place of accident and violated undertaking given in the claim form, which amounted  misrepresentation  of facts, therefore, claim of the complainant was rightly made “No Claim”.

 

8.                 The argument advanced by the learned counsel for the Opposite Party cannot be accepted in view of the facts and circumstances of the case. According to the case of the complainant the accident had taken place in Sector 13, Urban Estate, Karnal and intimation of the same  was given to the Opposite Party. The matter was reported to the police and the copy of the statement of the complainant made to the police on 15.2.2013 is Ex.C3 and the copy of the statement of the driver of the car namely Jitender is Ex.C2. The statements of the complainant and driver are specific that the accident had taken place in Sector 13, Urban Estate, Karnal as one cow appeared all of a sudden on the road, due to which the driver lost the balance and the car hit the wall of a shop. S.S.Bajaj in his report Ex.O5 and affidavit Ex.O2 submitted that complainant had made statement during investigation that accident took place in his house while he was parking the car in his house. It is important to point out that statement of the complainant if recorded by Sh.S.s.Bajaj, during investigation has not been produced by the Opposite Party for the reasons best known to it and the material evidence has been with held. Sh.S.K.Makkar, surveyor appointed by the Opposite Party made report Ex.O7, wherein it was mentioned that shop was damaged. Thus, his report lends support to the version of the complainant regarding place of accident. Under such circumstances, the report of Sh.S.S.Bajaj that  the complainant admitted that  the accident had taken place at his house, while parking the car does not inspire any confidence. The factum of accident and damage to the car in the said accident has not been disputed. Under such circumstances, we arrive at the conclusion that Opposite Party was not justified in making  the claim of the complainant as  “No Claim” on the ground of any contradictory statement regarding place of accident. Thus, there was deficiency in services on the part of the Opposite Party in making claim of the complainant as “No Claim”.

 

9.              As a sequel to the foregoing discussion, we accept the present complaint and direct the Opposite Party to make the payment of Rs.22,200/- as assessed by the surveyor  to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e.26.3.2014 till its actual realization. The complainant shall also be entitled for a sum of Rs.5500/- for the mental agony and harassment caused to him and for the litigation expenses. The Opposite Party shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:01.12.2015                                                                            

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

      (Anil Sharma)  (Smt.Shashi Sharma)    

          Member          Member.

 

 

 

 

 

 

 

 

 

Present:-       Sh.Surinder  Gureja Advocate for the complainant.,

                    Sh.Naveen Khetarpal Advocate for the Opposite Party.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:01.12.2015                                                                            

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

      (Anil Sharma)  (Smt.Shashi Sharma)    

          Member          Member.