Haryana

Bhiwani

CC/264/2019

Naresh Kumar - Complainant(s)

Versus

UIIC - Opp.Party(s)

Ravinder Saroha

29 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                  Complaint Case No. :264 of 2019

                                                                  Date of Institution    :  21.05.2019

                                                                  Date of decision:      :  29.08.2024

 

Naresh Kumar son of Sh. Om Parkash R/o Balaji Colony, Gali No.2, Shastri Nagar, Dinod Road, Bhiwani, Tehsil and District Bhiwani.

                                                  ...Complainant 

 

                                                    Versus

1.       United India Insurance Company Limited, Regd. & Head office at 24, Whites Road, Chennai-600014 through its Director.

2.       Branch Manager, United India Insurance Company Limited, Near Alok Cinema, Churu, Rajasthan-331001.

3.       Branch Manager, United India Insurance Company Limited, Nehru Market,5 Circular Road, Opp. Civil Hospital, Bhiwani, Tehsil and District Bhiwani.

...Opposite parties

 

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms.  Shashi Kiran Panwar, Member.

Present:        Sh. Ravinder Saroha, Advocate for complainant.

Sh. Sunil Kumar Sharma, Advocate for OPs.

 

                                                  ORDER

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of this case are that complainant being owner of vehicle Mahindra Scorpio bearing registration No.HR-16P-0099 (in short the vehicle) got it insured from OPs for a period from 21.06.2018 to 20.06.2019. On 15.08.2018, relative of complainant Mr. Jogender was driving the vehicle and was on the way from Gutana Magni to Rajgarh then a car bearing No. RJ-023-CB-5823 all of sudden struck into the vehicle of complainant and it got damaged. OP Insurance company was intimated on 16.08.2018 and filed claim submitting all necessary documents.  It is submitted that during investigation of the matter, surveyor took the DL of Ram Kumar, father of driver Mr. Jogender. The vehicle was repaired from authorized service center Supreme Mobiles Ltd., Bhiwani. It is submitted that OP insurance company vide letter dated 13.03.2019 required some documents from complainant, however, they again issued letter dated 18.03.2019 whereby repudiated the claim of complainant  on the ground that at the time of spot inspection DL of Ram Kumar was submitted but at the time of final report, DL of Mr.Jogender was given. Legal notice dated 10.04.2019 was issued to OPs but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs resulting into monetary loss to him besides mental and physical harassment. In the end, prayer has been made to direct the OPs to pay Rs.5,44,263/- alongwith interest @ 18% per annum from the date of accident till actual realization. Also to pay Rs.2.00 lac as compensation for harassment. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, OP appeared and filed written statement raising preliminary objections qua locus standi, maintainability of complaint and suppression of material facts. On merits, it is submitted that on receipt of intimation qua damage of the vehicle. Surveyor Er. Prateek Chotia was deputed for spot survey and at that time Ram Kumar produced his driving license. Thereafter, independent surveyor was deputed for final survey and assessment of the loss and that time driving license of Joginder Singh was produced and told that he was driving the vehicle at the time of accident. The surveyor vide his report dated 30.01.2019 assessed loss to the vehicle to the tune of Rs.5,11,095/-. Since there was different driving licenses, so letter dated 13.03.2019 was sent to the complainant for supplying documents/information but he failed to do the same and thus claim was closed vide 18.03.2019 in terms of the insurance policy. In the end, denied for any deficiency in service and prayed dismissal of the complaint with costs.

3.                 Complainant in evidence, tendered his affidavit Ex.PW1/A alongwith documents Ex. P-1 to Ex.P-13 and closed the evidence on 25.05.2023.

4.                 On the other side, Ld. counsel for OP tendered in evidence documents Ex. R-1 to Ex. R-9 and closed the evidence on 23.05.2024.

5.                 We have heard learned counsel for the parties and perused the record minutely.

6.                 At the outset, claim to complainant has been denied by OP insurance company for non-submission of various document sought by them vide letter dated 13.03.2019 (Ex. P-9) coupled with repudiation letter dated 18.03.2019 (Ex.P-10) wherein it is mentioned that on the grounds that: 1.Inspite of letters/reminders sent to you, you have not complied with the required papers/documents. 2.As you have withdrawn your claim by giving your consent through your letter dated 15.03.2019, we are closing claim file as No Claim. 3. We are closing your claim file, on account of reason: suppression of material information.

7.                 Complainant in order to prove his case has placed on record an application moved before police for registration of a case in the accident (Ex. P1), Copy of FIR on the said application (Ex. P2), copy of final report u/s 173 Cr.P.C. (Ex. P-3), Copy of MACT Case (Ex. P-4) wherefrom it is evident that the vehicle of complainant was being driven by Mr. Jogender S/o Ram Kumar, at the time of accident. This fact is also fortifies from claim form dated 16.08.2018 (Ex. R-6) wherein name of driver has been mentioned as Mr.Jogendra Singh (Jogender Singh). Complainant to show his ownership over the vehicle has placed copy of registration certificate as Ex. P-5. From driving license of Mr.Jogendra Singh (Ex. P-6) it is clear that he was having a valid and effective driving license on the date of accident. From insurance policy (Ex. P-7), the vehicle was insured on the relevant date.

8.                 From the above, it is apparent that at the time of accident, Mr. Jogendra Singh was driving the vehicle in question and was having a valid and effective license at that time. We have perused final survey report (Ex. R-5) also mentioned the name of driver as Jogendra Singh S/o Ram Kumar and net loss assessed to the vehicle at Rs.5,11,095/-. In view of above discussed facts and going through the entire material on record, we are of considered opinion that the surveyor’s report is well reasoned and thus having no infirmity in it. But despite having that, the OP insurance company has closed the claim of complainant on false and flimsy grounds which is not tenable in the eyes of law. Such, act of OP insurance company amounts to deficiency in service as well as unfair trade practice on their part. Therefore, the complainant is entitled to the amount so mentioned in the surveyor’s report besides compensation for harassment. Accordingly the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the communication of this order:-

(i)       To pay a sum of Rs.5,11,095/- (Rs. Five lac eleven thousand ninety five) to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint till its realization.

(ii)      Also to pay a sum of Rs.10,000/- (Rs. Ten thousand) on account of compensation for harassment.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand  five hundred) towards litigation expenses.

                    In case of default, all the awarded amounts shall attract simple interest @ 12% per annum for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced.

Dated: 29.08.2024.