Haryana

Panchkula

CC/418/2019

Ms.Vaneeta . - Complainant(s)

Versus

The UNITED INDIA INSURANE COMPANY LTD. - Opp.Party(s)

RAJESH BURA.

23 Jan 2024

ORDER

            BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	418 of 2019
Date of Institution	:	23.07.2019
Date of Decision	:	23.01.2024

 

 

Ms. Vaneeta, aged 24 years d/o Late Sh. Kedar Singh, Resident of House No.326-A, Sector-19, Panchkula, Haryana

 

                                                                           ….Complainant

Versus

1.     The United India Insurance Company Limited, Correspondence Address: Rajpura- Zirakpur Road, Banur, Mohali, Punjab, through        its Manager.

        2^nd Address:- The United India Insurance Company Limited, NAC,       SCO-855, Chandigarh Kalka Road, Manimajra, Chandigarh,      Haryana -160101.

2.     Sukirti Narang (Agent Code AGD0128809) C/o Narang Medicos, Main Market, Sector-19, Panchkula.

                                                                                      ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

 

Before:              Sh.Satpal, President.

Dr.Sushma Garg, Member

Dr.Barhm Parkash Yadav, Member

 

 

For the Parties:   Sh.Rajesh Bura, Advocate for the complainant.

                        OPs No.1 & 2 already ex-parte vide order dated 09.09.2019.

                       

 

ORDER

(Satpal, President)

1.The brief facts, as alleged, in the present complaint, are that Sh. Kedar Singh(now deceased), who was father of the complainant, had purchased a comprehensive Insurance Policy on 12.10.2018 for his motorcycle, TVS Support, bearing registration no.HR-03-U-9174, for which total premium was paid to the agent, namely, Mrs.Sukirti Narang through his husband, who is running the chemist shop at the address of OP No.2. It is stated that the said policy was a comprehensive insurance policy, wherein all type of damages to the vehicle, third party, risk cover of life of owner and driver etc. were covered and that the complainant had paid the full premium to the OP No.2 and got the insurance policy bearing no.1110813118P109037995 from the OP No.2. It is stated that the said vehicle had got slipped near Amartax lights, while his father was driving it on 15.01.2019, wherein he died on the spot. It is averred that, as per policy, all the documents were provided to the OP No.2 for the disbursement of the insured amount but the OP No.2 always avoided to take any action in the matter on one pretext or the other. Ultimately, the complainant having no alternative visited at the address mentioned on the insurance policy, but she was shocked to know that on the address mentioned on the policy, no office of the OP No.1 was found there. It is stated that the complainant had approached the OP No.2 on 20.01.2019. The complainant approached the OP No.1 within prescribed period of limitation but the office was not found at its location. The OP No.2 and her husband refused to render any assistance stating that her claim had become time barred. It is stated that the Ops have rejected the claim, while misinterpreting the clauses of the insurance policy. A legal notice was sent to OPs by the complainant on 24.09.2019 seeking the reimbursement of the insured amount but to no avail. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment as well as financial; hence, the present complaint.

2.Notices were issued to the OPs No.1 & 2 through registered post, which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 & 2; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by the Commission vide its order dated 09.09.2019.

3.To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-14 in evidence and closed the evidence by making a separate statement.

4.We have heard the ld. counsel for the complainant and gone through the entire record available on the file including written arguments filed by the complainant, minutely and carefully.

5.During arguments, the learned counsel for the complainant reiterated  the averments  as made in the complaint as also in affidavit (Annexure C-A) and contended that the life risk of Sh. Kedar Singh, father of the complainant, was duly covered vide insurance policy, namely Motorcyle/ Scooter Package Policy bearing no. 111081311BP109037995 qua vehicle no.HR-03-U-9174(Annexure C-1). It is contended that Sh.Kedar Singh(now deceased), father of the complainant, while driving  the said insured vehicle on 15.01.2019 met with an accident, wherein he sustained injuries, which ultimately led to his death on 15.01.2019 itself. The learned counsel has invited our attention towards the DDR No.9 dated 18.01.2019 police post, Sector-19, Panchkula to show that Sh.Kedar Singh(now deceased) had sustained injuries in the accident on 15.01.2019. The learned counsel contended that the OPs has been deficient in not releasing the insured sum to the complainant despite  making of repeated request by the complainant and thus, the complaint is liable to be accepted by the granting the relief as claimed for in the complaint.

6.The OP No.1, i.e United Insurance company Ltd.  and the OP No.2 i.e. the agent have preferred not to contest the present complaint by remaining absent despite service of notice and accordingly, they were proceeded ex-parte vide order dated 09.09.2019 and thus, the assertions made by the complainant against them go unrebutted and uncontroverted. Even both the OPs No.1 & 2 did not respond to the legal notice dated 24.05.2019(Annexure C-2), which was sent to them by the complainant through her counsel.

7.Evidently, Sh. Kedar Singh(now deceased) was insured vide Motorcyle/Scooter Package Policy bearing no.1110813118P109037995 qua vehicle No.HR-03-U-9174(Annexure C-1) w.e.f. 12.10.2018 to 11.10.2019. It is also evident as per DDR No.-9 recorded on 18.01.2019 in Police Post, Sector-19, Panchkula that the said motorcycle met with an accident on 15.01.2019, while the same was being driven by the insured Sh.Kedar Singh(now deceased), wherein he sustained injuries, which ultimately, led to his death. As per Annexure C-7, the cause of death was head injury. The death certificate showing the death of Sh.Kedar Singh is available on record as Annexure C-2. As per unrebutted contentions of the complainant, the OP No.2, who was instrumental in providing the insurance policy in question to Late Sh. Kedar Singh, has failed to facilitate the complainant in the reimbursement of the insured sum as admissible under the policy. Further, as per unrebutted contentions of the complainant, the claim was declined being time barred.

8.Pertinently, the details of terms and conditions of the insurance policy were not placed on record by the complainant and accordingly, the case was repeatedly adjourned on 11.05.2023, 06.07.2023, 21.08.2023, 15.09.2023, 27.10.2023, 06.11.2023 and 23.11.2023 for placing the same on the record by the complainant but the same has not been provided despite the repeated adjournment of the case.

9.Though the OPs No.1 & 2 had been deficient, while not responding  to the legal notice dated 24.05.2019(Annexure C-12) as sent by the complainant through her counsel as also the notice issued by the Commission in the present complaint but the complainant also have not made available the relevant terms and conditions of the insurance policy on record.

10.In such a scenario, we deem it proper to dispose of the present complaint with the directions to OP No.1 to release the insured sum to the complainant as admissible under the policy, if any. Since the OPs No.1 & 2 have failed to respond to the legal notice as well as to notice issued by the Commission, in the present complaint, they are liable, jointly and severally, to compensate the complainant for the inconvenience suffered by her.

11.In relief, the complainant has claimed the compensation of Rs.15,00,000/- & Rs.2,00,000/- on account of mental agony and harassment and Rs.55,000/-  on account of litigation charges. However, no terms and conditions showing the insured sum as also the admissibility of the same has been placed on record either by the complainant or by the OPs.

12.As a sequel to the above discussion, the present complaint is disposed of with the directions to OP No.1 to release the insured sum to the complainant as admissible under the policy. Further, the OPs No.1 & 2 are directed to pay a sum of Rs.20,000/- to the complainant, on account of mental agony, harassment, along with interest @9% per annum w.e.f. the date of filing of the present complaint till its actual realization. The OPs No.1 & 2 are further directed to pay a sum of Rs.5,500/- to the complainant as litigation charges.

13.The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 23.01.2024

 

 

 

Dr.Barhm Parkash Yadav      Dr.Sushma Garg          Satpal

                Member                                 Member                 President

 

       

Note: Each and every page of this order has been duly signed by me.

 

                                               Satpal

                                         President

 

 

 

C.C. No.418 of 2019

 

Present:             Sh. Rajesh Bura, Advocate for the complainant.

                        OPs No.1 & 2 already ex-parte vide order dated 09.09.2019

                       

 

                       

                        Arguments heard.  Vide a separate order of even date, the present complaint is hereby disposed of accordingly.

         A copy of the order be sent to the parties free of costs and the file be consigned to the record room after due compliance.

Dated: 23.01.2024

 

 

 

Dr.Barhm Parkash Yadav      Dr.Sushma Garg          Satpal

                Member                                 Member                 President