BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 173 of 2018
. Date of Institution : 31.05.2018
Date of Decision : 13.08.2019
Sukhprit Singh son of Sh. Balwinder Singh, resident of village Diwan Khera, Tehsil Dabwali, Distt. Sirsa.
……Complainant.
Versus.
1. United India Insurance Company Limited, Kamra Building Durga Mandir Road, Mandi Dabwali, Tehsil Dabwali, Distt. Sirsa through its Manager.
2. United India Insurance Company Limited, Regd office : 24 Whites Road, Chennai- 600014 through its Head Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…………. PRESIDENT.
SMT. SUKHDEEP KAUR……… MEMBER
Present: Sh. Nageshwar Yadav, Advocate for complainant.
Sh. Ravinder Goyal, Advocate for opposite parties.
ORDER
In brief the case of complainant is that complainant is owner and driver of Bolero Jeep bearing registration No. HR025D-7070 which was insured with op no.1. That above said vehicle of complainant met with an accident and got damaged to the tune of Rs.70,570/- for which complainant approached and request op no.1 for approval of claim but op no.1 did not approve the claim with a objection that driving licence of complainant is not valid one and returned the claim file of complainant with “No claim”. It is further averred that complainant sought information under the Right to Information Act, 2005 from the office of District Transport Officer Faridkot regarding verification of driving licence bearing No.1722/Faridkot/2013 and the said office vide letter bearing NHo.4298 dated 30.6.2017 verified that the driving licence of complainant issued and renewed by this office and same is valid one. It is further averred that moreover, a claim petition was filed against the complainant in the Court of Smt. Bimlesh Tanwar, learned MACT, Sirsa and the said court vide4 judgment/ award dated 20.11.2017, held that complainant was holding a valid and effective licence at the time of accident in question. That thereafter again complainant approached and requested the office of op no.1 to make payment of claim of complainant but op no.1 did not pay any heed to the request of complainant and handed over a mail letter issued from the office of op no.2 in which it is mentioned that the claim has been filed as No claim. The complainant also served a legal notice dated 17.4.2018 to the ops but to no effect. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections regarding maintainability, limitation, locus standi, concealment of material facts and that complainant is estopped by his own act and conduct from filing the present complaint because one of the conditions of the policy provides that if the company shall disclaim liability to the insured for any claim hereunder and such claim shall not within twelve calendar months from the date of such disclaimer have been made subject matter of a suit in a court of law, then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. In this case, complaint has been filed beyond 12 calendar months of disclaimer of liability by closing the claim. Hence, the complaint is not maintainable. It is further submitted that complainant has not furnished the details of the insurance policy. On receipt of the information about the fact of accident of insured vehicle, the accidental vehicle was got inspected by the ops from Shri Ravi Aggarwal, Surveyor and Loss Assessor, Sirsa who inspected the same on 11.12.2015 and assessed the loss to the vehicle to the tune of Rs.58,026/- vide his report dated 31.12.2015. The complainant was required time and again to prove the genuineness of the driving licence, but he failed to do so. The complainant was also issued letter dated 16.6.2016 in this regard, but the complainant did not respond to the same. Ultimately, vide letter dated 25.7.2016, the claim of complainant was rendered as No Claim. Remaining contents of the complaint are denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also placed on file copy of his driving licence Ex.C1, copy of RC Ex.C2, copy of policy schedule Ex.C3, copy of legal notice Ex.C4, postal receipts Ex.C5, Ex.C6, copy of bill Ex.C7, copies of applications Ex.C8 to Ex.C10, copies of reports Ex.C11, Ex.C12 and copy of award dated 20.11.2017 Ex.C13. On the other hand, ops produced affidavit of Sh. Balram Bhadu, Senior Divisional Manager as Ex.R1/A in order to prove their defence plea and have also placed on file copy of letter dated 16.6.2016 Ex.R1, copy of letter dated 25.7.2016 Ex.R2, copy of survey report Ex.R3, copy of motor claim form Ex.R4, copies of photographs Ex.R5 to Ex.21, copy of notice Ex.R22, copies of postal receipts Ex.R23, Ex.R24, copy of reply to notice Ex.R25, copy of DL Ex.R26 and copy of policy Ex.R27.
6. Admittedly, the complainant is owner of vehicle Bolero Jeep bearing registration No. HR-25D-7070 which was insured with ops. The vehicle met with an accident and was damaged and due intimation was given to the ops. Surveyor was appointed and loss was assessed to the tune of Rs.58,026/- but, however, claim of complainant was returned with claim file as No Claim on the ground that driver of the vehicle was not holding a valid and effective driving licence at the time of accident.
7. The complainant in order to prove his allegations in the complaint qua validity of the licence of the complainant furnished copy of driving licence as Ex.C1 and also supported documents i.e. certificate of DTO Faridkot. The complainant has also tendered in evidence copy of order of the Motor Accident Claims Tribunal, Sirsa dated 20.11.2017 which is Ex.C13 by which claim petitions filed by Shivneet Singh against Sukhprit Singh and anr. were allowed. Though, insurance company had also taken this plea before learned MACT, but however, this plea of the ops was declined by learned MACT, Sirsa while deciding issue no.2 and holding that respondent no.1 Sukhprit Singh was hold a valid and effective driving licence at the time of accident in question.
8. During the course of arguments, learned counsel for ops has not disputed the award passed by learned MACT, Sirsa rather has conceded that ops have not filed any appeal against the said award of the MACT, Sirsa which has now become final between the parties. So, this plea of the ops that complainant was not holding a valid and effective driving licence at the time of accident appears to be devoid of any merit.
9. The second contention of learned counsel for ops qua the fact that complaint of complainant is time barred also appears to be devoid of merit. As per record on 25.7.2016 claim of complainant was declined as No Claim. As per Section 24-A of the Consumer Protection Act, 1986, the complaint is to be filed within two years from the date of accrual of cause of action. Since the cause of action to the complainant accrued on 25.7.2016 and he has filed present complaint on 31.5.2018 within stipulated period of two years of accrual of cause of action, as such complaint of complainant is very much within limitation and is maintainable.
10. Since, the opposite parties have not settled and paid the claim to the complainant, it clearly amounts to deficiency in service on the part of the opposite parties and the complaint deserves to be allowed.
11. In view of the above discussion, we allow this complaint and direct the opposite parties to settle and pay the claim of the complainant on the basis of survey report within 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum on the claim/payable amount from the date of order till actual payment. We also direct the ops to further pay a sum of Rs.7,000/- as compensation for harassment and Rs.3000/- as litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member President,
Dated:13.08.2019. District Consumer Disputes
Redressal Forum, Sirsa.
