Haryana

StateCommission

A/169/2016

RELIANCE GEN.INSURANCE CO. - Complainant(s)

Versus

TIRUPATI BALAJI PACKAGES - Opp.Party(s)

RAJNEESH MALHOTRA

25 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :     169 of 2016

Date of Institution:     24.02.2016

Date of Decision :     25.07.2016

 

Reliance General Insurance Company Limited, Palm Court, 3^rd Floor, Sector 14, Gurgaon, Haryana through Sh. Suryadeep Thakur, Manager, Legal, Reliance General Insurance Company, SCO No.145-146, Sector 9-C, Madhya Marg, Chandigarh.

                                      Appellant-Opposite Party No.1

 

Versus

 

1.      Sh. Tirupati Balaji Packages, 78, Teekampur, Vishnu Garden, Gurgaon through its Proprietor, Gaurav son of late Sri Chand Gupta, resident of G-907, Surya Vihar, Dundahera Boarder, Gurgaon, Haryana.

Respondent-Complainant

 

2.      Frontier Auto World Private Limited, Sector 52-A, Behind Dhani Market, Opposite RD City, Gate No.2, Gurgaon, Haryana.

Respondent-Opposite Party No.2

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

                                                                                                         

Present:               Shri Rajneesh Malhotra, Advocate for appellant.

                             Shri Ajay Chhikara, Advocate for the respondent No.1-complainant

                             (Service of respondent No.2 dispensed with vide order dated 16^th May, 2016)

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This appeal has been filed by Reliance General Insurance Company Limited-opposite party No.1 (Insurance Company) questioning the correctness of order dated November 23^rd, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short, ‘District Forum’) whereby complaint filed by Tirupati Balaji Packages-complainant was allowed.  The Insurance Company was directed to pay Insured Declared Value (IDV), that is, Rs.8,20,978/- of the vehicle to the complainant alongwith interest at the rate of 9% per annum from the date of filing of the complaint till realization and Rs.25,000/- for harassment etc.

2.      The complainant got his car bearing No.HR26BV-2731 insured with the Insurance Company for the period October 17^th, 2013 to October 16^th, 2014.  The car caught fire on March 29^th, 2014.  It was a case of total loss.  The complainant submitted claim with the Insurance Company but it was not paid.  Hence, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

3.      The Insurance Company in its reply pleaded that the complainant did not submit the requisite documents. 

4.      The only contention raised by learned counsel for the Insurance Company is that since the complainant did not submit the requisite documents, therefore, his claim could not be settled.   

5.      Indisputably, the car was insured with 0% depreciation vide insurance policy (Annexure A-1).  It is also not in dispute that the car caught fire and was totally damaged.  The IDV of the car was Rs.8,20,978/-. District Forum while allowing the complaint has directed the Insurance Company to pay the IDV of the car alongwith interest.  Since the complainant has been awarded IDV of the car, he was under obligation to return the salvage of the car to the Insurance Company.  In view of this, the complainant is directed to return the salvage to the Insurance Company and to execute all the necessary documents for transfer of the car in the name of the Insurance Company. 

6.      The appeal is disposed of in the manner indicated above.  

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent No.1-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 25.07.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK