Haryana

Ambala

CC/30/2018

Ujjwal Garg - Complainant(s)

Versus

UII - Opp.Party(s)

23 Oct 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                      Complaint case no.        :  30 of 2018

                                                          Date of Institution         :  18.01.2018

                                                          Date of decision    :  23.10.2018

 

 

Ujjwal Garg, s/o Sh. Anil Garg, Resident of Harmilap Nagar, Ambala Cantt.

  ……. Complainant.

 

 

1.  United India Insurance Company Limited, Divisional Office- Triloki Chambers, Opposite Municipal Corporation, Ambala Cantt-133001.

2.  The Manager, United India Insurance Company Limited, Ist Floor, Ambala Building, Opp. Bus Stand, Naraingarh-134203, Ambala, Haryana.

 

 ….…. Opposite Parties.

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member.

Dr. Sushma Garg, Member.

 

 

Present:        Sh. R.K.Bakshi, counsel for complainant.

 Sh. Deepak Sharma, counsel for Ops.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant   purchased the Motorcycle/Scooter comprehensive package insurance policy with policy no.1101823116P109790881 for his Hero Karizma bike bearing registration no. HR-01-AK-6380 on 22.10.2016 from an agent name Noni Sharma working for the OP in Ambala.  The above mentioned vehicle of complainant was insured for a period of 22.10.2016 till the midnight of 21.10.2017. It is pertinent to mention here that the insurance value of the motorcycle was fixed at Rs. 55000/- which was itself undervalued by the agent of the company OP’s at the time of accessing the fresh value of the motorcycle. Unfortunately on 06.12.2016 complainant with an accident opposite Indian oil Depot Ambala Cantt, rattled by the mishap complainant was immediately picked up and taken to the Railway Hospital Ambala Cantt by the people passing thereby for treatment of several hand and feat injuries and he received stitches on his leg and hand from the hospital.  An intimation about the accident was given by the father of complainant to Ops, through Ranjeet Singh Branch Manager of United India Insurance Company +Ambala on 8^th of December 2016. Sh. Ranjeet Singh directed complainant  to visit the showroom of Hero Motorcycle situated at Industrial area, Ambala Cantt for any repairs if possible of the Hero Karizma Motorcycle. He thereafter appointed Sh. Sanjay Passi as a surveyor on behalf of United India Insurance Company.  The complainant gave all the relevant documents as demanded by the surveyor. After that the complainant visited repeatedly to the office of Ops in Ambala and requested for/to either make good the damage cause due to the motorcycle accident but both the Ops have been kept on delaying the matter on one pretext or the other. The complainant has served a legal notice upon the Ops through his advocate dated 30.06.2017. Thus, it is a great deficiency in service on the part of Ops. Hence, the present complaint.

2.               Upon notice, OPs appeared through counsel and filed written statement submitting that the motorcycle in question was insured for a period from 22.10.2016 to midnight 21.10.2017. The OP has already informed the complainant that the competent  authority has approved the claim of his motor cycle No. HR-01-AK-6380 for Rs. 50,400/- net of salvage without Registration certificate. Kindly submit original registration book of the said vehicle with no objection certificate, enable them to make the payment but inspite of the repeated reminders, the complainant has not supplied the same to the OP. So, there is no deficiency on the part of the Ops.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 and C-12 and close her evidence. On the other hand, Counsel for the OPs tendered affidavit as Annexure RW-1/A alongwith document as Annexure R-1 and close their evidence.

4.                We have heard both the counsels of the parties and carefully gone through the case file.-

5.                Admittedly, the complainant has purchased a motor cycle comprehensive package insurance policy for his Hero Karizma  bike bearing registration no. HR-01-AK-6380 on 22.10.2016 from Ops which was valid for the period 22.10.2016 to 21.10.2017 and sum insured value of the vehicle was Rs. 55,000/-. It is admitted fact that the complainant Ujjwal Garg met with accident and he received several injuries and vehicle was total damaged and information was given by his father to the insurance company and Ops have deputed a surveyor who assessed the loss  Rs. 50,400/-(total loss basis) after deducting the less  salvage  value Rs.4,500/-  and less policy clause Rs. 100/- but  the Ops have not paid the assessed amount by the surveyor on the ground that complainant has failed to provide/submit registration certificate with no objection certificate to them. The complainant has taken the plea that he has already sent the all documents at the time of submitting the claim form Annexure C-3 and also sent the notice Annexure C-10, postal receipt Annexure C-11 & C-12 for paying the assured amount but Ops have failed to send the reply of the said notice.

6.                From the perusal of the file, the Ops have not placed on record from which it can be ascertained that Ops have sent any letter to the complainant for submitting the documents to the complainant for releasing the assessed amount. However, the complainant has also sent the notice to the Ops for giving the claim amount. So, the plea of the Ops are not sustainable and has wrongly withheld the genuine claim of the complainant. So, Ops are deficient in service not paying the insured amount to the complainant. The complainant is entitled the assured amount Rs. 55,000/- after deducting Rs. 1,000/- as excess clause. It is made clear that complainant is directed to give the salvage of the vehicle to the Ops because complainant himself admitted that damaged vehicle in question is lying in his house. Hence the present complaint is liable to the accepted and same is allowed with cost which is assessed Rs. 3,000/- and Ops are directed to pay the amount Rs. 54,900/- to the complainant with interest @ 9% from the date of complaint till its realization subject to furnish the indemnity bonds and surety bound to the Ops.  Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :    

                                   

 

 

(PUSHPENDER KUMAR)               (DR.SUSHMA GARG)       (D.N. ARORA)

                 Member                                           Member                                  President