Haryana

Karnal

CC/275/2017

Raghbir Singh - Complainant(s)

Versus

The New India Assurance Company Limited - Opp.Party(s)

J.P. Duhan

09 Oct 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.275 of 2017

                                                         Date of instt. 21.08.2017

                                                         Date of decision:09.10.2018

 

Raghbir Singh son of Shri Gahal Singh resident of House no.714, village Jalmana, Tehsil Assandh, District Karnal.

                                                                                                                                                                …….Complainant       

                                        Versus

 

The New India Assurance Company Ltd. through its Divisional Manager, Divisional Officer Gagan Building, G.T. Road, Karnal.

                                       

                                                                        …..Opposite Party

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary………Member

 

 Present  Shri J.P.Duhan Advocate for complainant.

               Shri Munjal Mishra Advocate for opposite party.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant is registered owner of one Volkswagen Polo Car bearing registration no.HR40-F-1284, which was got insured with OP, vide policy no.35360131160300000234, valid from 05.04.2016 to 04.04.2017. On 26.04.2016 Balwinder Singh was driving the said vehicle and was going from village Jalmana towards Assandh at about 10.30 a.m. when he reached in village Jaisingh Pura, suddenly one motor cyclist came infront of the said vehicle. The said Balwinder Singh suddenly applied break and make a cut to save the life of motorcyclist and aforesaid vehicle turned turtle and badly damaged and is not in a position to ply over the road. After the incident complainant gave the necessary information to the OP on toll free number. Thereafter, complainant in the next morning i.e. 27.4.2016 took the vehicle in workshop of VW Karnal Delight Cars Pvt. Ltd. Karnal 118/2 KM stone Near Kamborpura village NH-1, Karnal where the officials of the workshop inspected the vehicle and prepared the estimate for repair of the said vehicle which comes to Rs.9,32,703/-. On the same day, complainant moved an application before the SHO Police Station Assandh and thereafter complainant requested the official of P.S. Assandh to give the copy of DDR on this officials told that no loss has been to any person except the car and due to that reasons they have not lodged the DDR. The complainant alongwith Balwinder Singh approached the Deputy Superintendent of Police and then SHO Police Station Assandh again obtain an application on 30.05.2016 and lodged the DDR no.16 dated 30.05.2016. It is further alleged that since the next day of accident i.e. 27.04.2016 the vehicle still standing in the workshop of VW Karnal Delight Cars Pvt. Ltd. Karnal and the official of the workshop are charging the parking fee from the complainant. The OP has not passed the claim of the damaged vehicle and due to that reasons the vehicle is not repaired. The complainant approached the OP several times and requested to settle the amount but OP postponed the matter on one pretext or the other and lastly rejected the claim of the complainant, vide letter dated 06.03.2017 on the ground that “As per the opinion claim is not payable due to misrepresentation of facts. Delay in intimation and insured does not have any insurable interest.” Thereafter, complainant served a legal notice dated 15.06.2017 upon the OP in that regard but it also did not yield any result. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to locus standi; maintainability and concealment of true and material facts. On merits, it is pleaded that at the time of accident the vehicle in question was being driven by Shri Balwinder Singh son of Jarnail Singh but the DDR has been lodged on 30.05.2016. After lodging the claim with the OP, the complainant has also not disclosed in the claim form why the DDR/FIR was not lodged immediately after occurrence whereas name of the driver has also been mentioned as Nirvair Singh. It is further pleaded that after receiving the claim from the complainant, OP appointed the Surveyor and Loss Assessor and he submitted his report on 28.09.2016, vide which he has assessed the loss of the vehicle in question to the tune of Rs.5,43,609/-. It is further pleaded that the complainant has not provided the true facts regarding the vehicle in question and the claim form has also not been submitted with the actual facts thus keeping in view the said facts, the OP is not liable to pay any compensation to the complainant and such claim of the complainant was rightly repudiated on 06.03.2017. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10 and closed his evidence on 24.11.2017.

4.             On the other hand, OP tendered into evidence affidavit of Anil Kumar Bhola Sr. Divisional Manager Ex.OP1 and documents Ex.OP2 to Ex.OP11 and closed the evidence on 05.06.2011.

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.             The present complaint has been filed by the complainant on the ground that he is a registered owner of Volkswagen Polo Car bearing registration no.HR40-F-1284 and the said car was got insured with OP from 05.04.2016 to 04.04.2017. The said car met with an accident on 26.04.2016 at about 10.30 p.m. At that time the said car was driven by one Balwinder Singh and due to accident the said car was badly damaged and Balwinder Singh did not suffer any major injury. The complainant gave intimation to the OP in this regard on toll free number. The said car was inspected by VW Karnal Delight Cars Pvt.Ltd. and they prepared the estimate of the said vhiecle which comes to Rs.9,32,793.85 Paise. The matter was reported to SHO Police Station Assandh well within time on 27.04.2016 but no FIR was lodged with the concerned police station. On 30.05.2016 DDR no.016 was lodged in Police Station Assandh. The claim of the complainant was repudiated by the OP on 06.03.2017 with the observation “As per the opinion claim is not payable due to misrepresentation of facts. Delay in intimation and insured does not have any insurable interest.”

7.             The learned counsel for complainant argued that the claim of the complainant was wrongly repudiated by the OP without any reason whereas the vehicle in question was insured with OP and estimate of damage was prepared by the OP but OP rejected the claim of complainant, copy of repudiation letter is Ex.OP11.

8.             On the other hand, learned counsel for OP argued that the complainant did not intimate the insurance company within time. The complainant submitted his claim on 10.05.2016 after delay of 15 days of alleged accident. No FIR or DDR was got lodged by complainant immediately after the accident. The DDR Ex.C2 was got lodged on 30.05.2016 after delay of 35 days of said accident. No explanation was given by the complainant as to why intimation or DDR was given delayed. He further argued that as per the DDR and version of the complaint at the time of accident, the vehicle in question was driven by one Balwinder Singh but licence of another person namely Nirvair Singh was produced. Nirvair Singh moved application Ex.OP4 stating that infact, his name is Nirvair Singh not a Balwinder Singh. But this fact was not proved by the complainant by producing any cogent evidence or documents. The counsel for OP further argued that complainant concealed the true facts and his claim was rightly repudiated.

9.             From the pleadings and evidence of the parties it is found that there is delay of 35 days in lodging the DDR and giving intimation to the OP at about 15 days. There is also a controversy of driver at the time of alleged accident. The complainant stated that he informed the SHO Assandh within time, when the SHO did not take any action then he approached the DSP and on the intervention of DSP the DDR was lodged on 30.05.2016, but no record in this regard was produced by the complainant The alleged DDR was got recorded by Balwinder Singh himself where he disclosed his name as Balwinder Singh. It is very surprisingly the fact that, who lodged the DDR did not know his actual name. At the time of lodging  his claim, Balwinder Singh produced his licence before the OP in the name of Narvair Singh. If his name is Narvair Singh why he got recorded the DDR in the name of Balwinder Singh. It create doubt regarding driving of the vehicle at the time of alleged accident. The complainant has also failed to produce the record regarding giving the information to the OPs on toll free number. Meaning thereby, at the time of alleged accident, Balwinder Singh did not possess the valid driving licence. In view of above facts and circumstances of the case, complainant totally failed to prove his case by any cogent and believable evidence. Hence there was no deficiency on the part of the OP in repudiating the claim of the complainant.

10.                   Thus, as a sequel to above discussion, we do not find any merits in the complaint and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:09.10.2018

                                                                        President,

                                                            District Consumer Disputes

                                                             Redressal Forum, Karnal.

 

(Vineet Kaushik)        (Dr.Rekha Chaudhary)

           Member                  Member