BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 316 of 2020. Date of Institution : 18.12.2020.
Date of Decision : 19.09.2024.
M/s Beniwal Enterprises, VPO Bupp, Tehsil and Distt. Sirsa through its owner/ partner/ authorized person.
……Complainant.
Versus.
1. United India Insurance Co. Ltd., City Thana Road, Sirsa, Tehsil and Distt. Sirsa through Division Manager.
2. United India Insurance Co. Ltd. Catholic Centre No. 64, Armanian Street, Chennai- 600001 through Chief Manager.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Sh. Pankaj Singal, Advocate for complainant.
Sh. Ravinder Monga, Advocate for opposite parties.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to OPs).
2. In brief, the case of complainant is that complainant firm is a partnership firm which is civil contractor firm and is being run by its partner/ owner namely Shri Satpal Bishnoi son of Sh. Lal Chand Bishnoi and is doing the business for the purpose of earning of livelihood by means of self employment and his whole family is dependent upon income of said firm. That complainant in order to earn his livelihood and self use required a vehicle Goods Carrier/ Dumper truck for earth lifting and transporting the same to the site and had purchased the vehicle Tata Truck/ Dumper bearing registration No. HR-57/9627 which was fully insured with ops vide policy No. 1119003120P10128319 valid from 18.05.2020 to 17.05.2021. It is further averred that on 27.08.2020 the said vehicle of complainant met with an accident due to sink of earth while unloading the vehicle near village Kuleri, Agroha and was damaged. The complainant immediately informed the ops about the accident and also lodged a claim with the ops and they appointed Surveyor/ Loss Assessor namely Sh. Aakash Sachdeva who inspected the vehicle and loss was assessed by him on the spot and complainant also completed all the required formalities. That then he was directed to get repaired the vehicle and to provide bills, receipts etc. and hence on the asking of ops, the vehicle was taken to United Motor, Hisar which repaired the vehicle against the amount of Rs.1,98,352/-, the bills and receipts of which were provided to the ops and he asked the ops to do final survey of vehicle and to disburse the claim but since then he is making rounds to the ops but ops are playing hide and seek with the complainant on one false pretext or the other and now have flatly refused to make payment to him. It is further averred that ops also asked the complainant to furnish information/ intimation in writing again to the ops’ office on 03.09.2020, hence he again given intimation in writing and ops had also got signed the blank claim form and other papers with the pretext that same are required for claim process but have failed to pay any claim to him despite his several requests and have caused deficiency in service and harassment and adopted unfair trade practice towards complainant. The complainant also got served a legal notice upon ops on 13.11.2020 but to no effect. Hence, this complaint.
3. On notice, ops appeared and filed written version taking certain preliminary objections. It is submitted that as per amended provisions of the Act, commercial activities described in Section 2(7) (a) (b) of Consumer Protection Act, 2019 and its claim are barred before Commission. That upon receiving intimation of alleged incidence, Sh. Akash Sachdeva, Surveyor and Loss Assessor was immediately appointed for spot survey. The report in this regard was submitted on 07.11.2020. The said approved Surveyor specifically advised the complainant to act in accordance with terms and conditions of the policy and to furnish the required particulars and documents with the company well within time, so that claim could be proceeded further. The complainant is guilty of not furnishing the required particulars, documents to the company. As per terms and conditions, after spot survey and after receiving the required documents, the repair of the damaged vehicle could only be done in presence or under the supervision of approved surveyor of the company. It is further submitted that complainant without informing or without knowledge of answering ops got his vehicle repaired by his own and even despite repeated letter and reminders he has failed to submit the required mandatory documents. The claim of complainant has been rightly and lawfully declared as No Claim as per terms and conditions of insurance policy. The written letter in this regard has duly been sent on 11.02.2021 with the observations that inspite of letters/ reminders sent to him, he had not complied with the required papers/ document, as he has withdrew his claim by giving his consent through letter, the complainant had repaired his vehicle at his own expenses, confirmed on telephonic conversation on 03.12.2020 and so they absolved from any further liability further arising out of this claim. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant Satpal Bishnoi in evidence has tendered his affidavit Ex.C1 and documents Ex.C2 to Ex.C19.
5. On the other hand, ops have tendered affidavit of Mr. M.L. Birpali, Divisional Manager as Ex. R1 and letter Annexure R1.
6. We have heard learned counsel for the parties and have gone through the case file.
7. There is no dispute about insurance and incident in question of the vehicle of complaint bearing registration No. HR-57-9627. There is also no dispute of the fact that after accident, on intimation given to ops by complainant, the initial survey of the damaged vehicle was conducted by Sh. Akash Sachdeva, Surveyor and according to ops report in this regard was submitted by him on 07.11.2020. Though complainant has averred that vehicle has also been got repaired by them on the asking of Surveyor of ops but there is nothing on file to prove the said plea rather the ops have averred that complainant himself got repaired his vehicle at his own and has not submitted the required documents including bills etc. of repair of the vehicle. There is also nothing on file to prove the fact that complainant got repaired his vehicle from United Motors, Hisar by spending an amount of Rs.1,98,352/- because complainant has only placed on file estimate of said United Motors, Hisar as Ex.C7 vide which said agency given estimate of amount of Rs.1,98,352/- regarding repair of the vehicle of the complainant. Although complainant has also placed on file a proforma invoice dated 09.09.2020 Ex.C5 which is for the amount of Rs.42,229.80 only but said document Ex.C5 itself mentions the address of complainant as Beniwal Enterprises, Ajad Nagar, Yamuna Nagar whereas complainant’s firm is situated at VPO Bupp, Tehsil and District Sirsa. Although vehicle is same in the said document Ex.C5 but due to change in address of complainant, it cannot be said with certainty that vehicle of complainant was got repaired from United Motors. The complainant has not explained anything in this matter and as such this document Ex.C5 also cannot be relied in favour of complainant. Moreover, complaint has been filed in the name of firm and according to complainant Satpal Bishnoi is its partner/ owner but no partnership/ registration of the firm and no consent of other partners is placed on file and even names of other partners have not been disclosed in the complaint and therefore one partner can not sue the complaint as per provisions of the Partnership Act. So there are shortcomings in the case of complainant and as such complainant does not deserve any claim amount from ops.
8. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 19.09.2024. District Consumer Disputes Redressal Commission, Sirsa.
