Haryana

Jind

CC/15/51

Dr. Jasbir Kaur - Complainant(s)

Versus

UIIC - Opp.Party(s)

06 Apr 2016

ORDER

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.

                                                              Complaint No. 36 of 2015

                                                    Date of institution:-20.3.2015

                                                    Date of decision:-8.4.2016

Dr. Jasbir Kaur daughter of Sardar Joginder Singh resident of ward No.3, Railway Road, Uchana Mandi, Tehsil Narwana, District Jind.

 

                                                                           ...Complainant.

Versus

1. United India Insurance Company Limited branch office, Appolo Chowk, Dr. Singla Wali Gali, Narwana through its Branch Manager.
2. S.J. Jind automobiles, scheme No.6, Gandhi Nagar, Jind through its Authorized Signatory.

                                                                          …Opposite parties.

Complaint under section 12 of

 

Before:     Smt. Bimla Sheokand, Presiding Member.

                Sh. Mahinder Kumar Khurana, Member.

               

Present:-   Dr. Jasbir Kaur complainant in person.

                Sh. Vikas Sharma, Adv.for the opposite party No.1.

                Opposite party No.2 already ex-parte. 

Order:-

                In nutshell, the facts of the complaint are that the complainant had purchased motor-cycle Honda Dream Neo bearing registration No. HR32G-4345 from opposite party No.2 on 18.2.2014 and the same was got insured for a sum of Rs.42,382/- vide policy

                        Dr. Jasbir Kaur Vs. UIIC

                                        …2…

No.1119023113P107829717for the period from 26.2.2014 to 25.2.2015 from opposite party No.1 and paid a sum of Rs.1169/- as premium. The above said motor-cycle met with an accident on 26.8.2014 and motor-cycle suffered huge damages. The complainant informed the opposite party No.1 regarding the accident and submitted all the necessary documents. The opposite party No. 1 appointed the surveyor and the surveyor submitted his report to opposite party No.1. The fee of surveyor amounting to Rs.2200/- was paid by the complainant on 9.9.2014. On the advice of opposite party No.1, the motor-cycle of the complainant was repaired by opposite party No.2 and bill was handed over for a sum of Rs.30,799/- to the complainant. The complainant paid Rs.30,799/- to the opposite party No.2. Thereafter the claim was lodged with opposite party No.1. The complainant received a message from opposite party No.1 that an amount of Rs.22,964/- has been credited in her account against her claim amount. The claim amount of the complainant was Rs.32,999/- and opposite party No.1 paid only Rs.22,964/- and has illegally deducted an amount of Rs.10,035/-.The complainant requested to opposite party No.1 several times to pay the remaining amount but the opposite party No.1 did not pay any heed on the request of the complainant.  Deficiency in service on the part of the opposite party No.1 is alleged. It is prayed that the complaint be accepted and opposite party be directed to pay  the remaining amount of Rs.10,035/- along with interest @18% p.a., a sum of Rs.50,000/- as compensation on account of mental pain and agony as well as to pay a sum of Rs.11,000/- as litigation expenses to the complainant.

                        Dr. Jasbir Kaur Vs. UIIC

                                        …3…

2.     Pursuant to notice, the opposite party No.1 appeared and filed the written reply agitating that the complainant has got no cause of action and locus-standi to file the present complaint; the complaint is not maintainable in the present forum and the complainant has not come with clean hands before this Forum. On merits, it is contended that the answering opposite party deputed Sh. Jaswant Singh Nain, Independent Surveyor and Loss Assessor, Hisar for conducting spot survey, who reached at the spot and conducted spot survey and submitted his report dated 13.11.2014 thereby assessing the net loss to the tune of Rs.26,364/-.  Thereafter Grover Associates an Independent Surveyor and Loss Assessor was deputed for re-inspection of above said motor-cycle and for verification of DL, RC who submitted his report dated 21.12.2014 thereby assessing amount of salvage to the tune of Rs.5,000/- to be deducted from the net payable amount of compensation. The complainant was repeatedly requested to deposit salvage to the office of opposite party No.1 but the complainant did not deposit the salvage of her vehicle. Hence finding no option, the opposite party No.1 paid an amount of Rs.21,364/- plus Rs.1600/- as survey fee totaling to Rs.22,964/- to the complainant which was accepted by the complainant to her full satisfaction and she also gave receipt regarding her acceptance of claim.  All the other allegations have been denied by the answering opposite party. Therefore, there is no deficiency in service on the part of the answering  opposite party. Dismissal of complaint with cost of Rs.25,000/- is prayed for.

 

                        Dr. Jasbir Kaur Vs. UIIC

                                        …4…

3.     Opposite party No.2 was proceeded against ex-parte vide order of this Forum dated 2.7.2015. 

4.     In evidence, the complainant has  produced her own affidavit Ex. C-1, copy of form 22 Ex. C-2, copy of motor vehicle rule 1940 Ex. C-3, copy of sale certificate Ex. C-4, copy of cash memo Ex. C-5, copy of RC Ex. C-6, copy of policy schedule Ex. C-7, copy of letter dated 9.12.2014 Ex. C-8, copy of document Ex. C-9, copy of letter dated 9.12.2014 Ex. C-10, copy of tax invoice Ex. C-11 and copy of daily station diary Ex. C-12 and closed the evidence.  On the other hand, the opposite party No.1 has produced the affidavit of Hans Raj Kamboj, Senior Divisional Manager Ex. OP-1, copy of letter Ex. OP-2, copy of document Ex. OP-3 and copy of claims discharge voucher Ex. OP-4 and closed the evidence.

 5.    We have heard the arguments of the complainant in person and the Ld. Counsel of opposite party No.1 and perused the record placed on file. The opposite party No.2 is already ex-parte. The complainant got insured her motor-cycle bearing registration No. HR-32G-4345 from opposite party No.1 for a sum of  Rs.42,382/-. The said motor-cycle met with an accident and suffered huge losses. On the advice of opposite party No.1, the motor-cycle was repaired by opposite party No.2 which is the authorized service station of the Company. The total expenditure of the repair amounting to Rs.30,799/- was paid by the complainant to the opposite party No.2. The salvage of the replaced parts were also retained by opposite party No.2 with the promise that the salvage parts will be handed over to opposite party No.1 directly.

                        Dr. Jasbir Kaur Vs. UIIC

                                        …5…

The opposite party No.1 passed the claim of the complainant amounting to Rs.22,964/- including Rs.2200/- as the fee of the surveyor which was paid by the complainant to the surveyor. In this way the cost of the salvage as assessed by the surveyor amounting to Rs.10,035/- has been deducted from the total claim by opposite party No.1.

6.     The Ld. Counsel of opposite party No.1 argued that the complainant was asked a number of times to hand over the salvage of replaced parts. Even a representative of the insurance company was deputed to contact opposite party No.2 with the consent of the complainant to collect the replaced parts. But the opposite party No.2 has told that such parts have been sold by it and shown inability to hand over such parts. Thus the opposite party No.1 has made full and final payment of damages to the complainant.

7.     We are of the considered view that the complainant has suffered a loss due to deficiency in service on the part of the opposite party No.2. The opposite party No.2 is ex-parte which shows that it has nothing to say in its defence. The complaint is allowed in the interest of justice. The opposite party No.2 is directed to pay a sum of Rs.10,035/-(Rs. ten thousand and thirty five only) as the cost of the replaced parts and also a sum of Rs.5.000/-(Rs. five thousand only) as compensation for mental pain and agony to the complainant. In addition, the opposite party No.2 will also pay a sum of Rs.2100/- (Rs. two thousand and one hundred only) as litigation expenses to the complainant. The orders be complianced within one month from the

                        Dr. Jasbir Kaur Vs. UIIC

                                        …6…

date of orders failing which an interest @ 9% p.a. will be charged from the date of filing the complaint on the cost of replaced parts. Copies of order be supplied to the parties under the rule. File be consigned to the record-room after due compliance.

Announced on: 8.4.2016

                                                        Presiding Member,

          Member                       District Consumer Disputes                                                               Redressal Forum, Jind

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                        Dr. Jasbir Kaur Vs. UIIC

                                       

Present:-   Dr. Jasbir Kaur complainant in person.

                Sh. Vikas Sharma, Adv.for the opposite party No.1.

                Opposite party No.2 already ex-parte. 

 

                Arguments heard.  To come up on  8.4.2016 for orders.

                                                                                         Presiding Member,

                             Member                                                 DCDRF,Jind

                                                                                                6.4.2016

 

Present:-   Dr. Jasbir Kaur complainant in person.

                Sh. Vikas Sharma, Adv.for the opposite party No.1.

                Opposite party No.2 already ex-parte.

 

                   Order announced. Vide our separate order of the even date, the complaint is allowed. File be consigned to the record room after due compliance.

                                                                                        Presiding Member,

                             Member                                                  DCDRF,Jind

                                                                                                8.4.2016