Haryana

Bhiwani

CC/70/2023

Ved Parkash - Complainant(s)

Versus

UIIC - Opp.Party(s)

R.K Singh

29 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                     Complaint Case No. :  70 of 2023

                                                                     Date of Institution    :  28.03.2023

                                                                     Date of decision:      :  29.08.2024

 

Ved Parkash son of Sh. Sahi Ram R/o village Dariyapur, Tehsil Tosham, District Bhiwani.

                                                  ...Complainant 

 

                                                    Versus

1. United India Insurance Company Ltd., 24 Whites Road, Chennai-699914 through its General Manager.

                   

2. Branch Manager, United India Insurance Company Ltd., Micro Office, opposite Indian Fuel Station, Ambala Road, Insurance Point, First Floor, Pehwa-136128, Haryana.

 

3. Branch Manager, United India Insurance Company Ltd., Mini Secretariat Road, Bhiwani.

 

...Opposite parties

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

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

                    Ms.  Shashi Kiran Panwar, Member.

Present:        Sh. R.K. Singh, Advocate for complainant.

Sh. Krishan Sharma, Adv. for OPs.

 

                                                  ORDER

 

SHASHI KIRAN PANWAR,  MEMBER:

1.                 Brief facts of this case are that complainant being owner of vehicle TATA Tiago XT bearing registration No.HR-48C-3756 (in short the vehicle) got it insured from OPs for a period from 16.12.2021 to 15.12.2022. On 26.12.2021, Raj Singh son of Sh. Maha Singh R/o village Sui, District Bhiwani was driving the vehicle and it met with an accident due to sudden appearance of a Neel Cow. In the said accident, the vehicle got damaged completely. OP insurance company was informed. The vehicle was brought to Tata Motors Agency, Hisar for repairs. Surveyor came and took statements of complainant and driver of the vehicle. But the claim was not released to complainant despite issuance of legal notice dated 02.02.2023. Complainant has alleged that the letters dated 24.01.2023 and 30.01.2023 issued by OPs are wrong and illegal whereas the complainant has completed all the formalities qua the claim. 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.4,30,000/- to the complainant alongwith interest @ 18% per annum  besides Rs.20,000/- towards compensation for harassment.

2.                 Upon notice, OPs appeared and filed written statement raising preliminary objections qua locus standi, maintainability of complaint, estoppel and suppression of material facts. On merits, it is admitted that the vehicle was under insurance cover for the relevant period. On receiving intimation of accident, Surveyor Sh. Ajay Kumar was appointed for conducting survey for the alleged damages to the vehicle and to submit report. Since, as per final report of the surveyor, there were various differences in the final survey report as compared to the pre-inspection report. So, the complainant was required to submit certain documents but he failed to submit the same despite issuing letters dated 29.11.2022, 24.01.2023, 30.01.2023 and 09.02.2023. Hence, the claim was closed. 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.CW1/A alongwith documents Annexure C-1 to Annexure C-9 and closed the evidence on 14.09.2023.

4.                 On the other side, Ld. counsel for OP tendered in evidence affidavits Ex. RW1/A & Ex.RW2/A of Ms. Priyanka, Assistant Manager and Sh. Ajay Kumar, Surveyor respectively alongwith documents Ex. R-3 to Ex. R-8 and closed the evidence on 18.03.2024.  

5.                 We have heard learned counsel for the parties and perused the record minutely. Written submission filed from both the sides.

6.                 At the outset, the claim to the complainant has been denied by OP insurance company on the basis of letter dated 29.11.2022 (Annexure R-8) followed by various reminders in this behalf, for non-submission of the following papers/documents/clarifications:-

1.       Vehicle back seat design is different in the final survey photographs as compared to pre-inspection report.

2.       In pre-inspection report chrome plate was fixed on tail lights but it is missing in final survey photographs.

3.       In pre-inspection report Tata logo was present on dicky glass but it is missing in final survey photographs.

4.       In pre-inspection report dicky and rear bumper was dented but they are fine in final survey photographs.

5.       In pre-inspection report black safeguard strip on rear bumper and all doors was present but they are missing in final survey photographs.

6.       In pre-inspection report roof rails were present but they are missing in final survey photographs.

 7.                As per copy of registration certificate of the vehicle (Ex.C-1), complainant is owner of the vehicle. The copy of Driving License(Ex.C-3) reveals that driver of the vehicle in question was authorized to drive the vehicle in question and was having a valid and effective driving license at the time of accident. Complainant in order to prove damage to the vehicle has placed on record photographs Ex. C-4 to Ex.C-6) wherefrom it is evident that the vehicle was damaged badly and thus heavy loss in it.

8.                 On the other side, the OP insurance company was seeking clarification from complainant qua changes in the vehicle from various aspects but the photographs on the basis of which they are seeking such clarification have not been placed on record thus it seems that OP insurance company has no legs to stand and thus it was a tactic to avoid from liability of making payment to complainant for the loss caused to the vehicle. The surveyor’s report has also not been placed on record which is also a big flaw on the part of OP insurance company.

9.                 After hearing learned counsels for the parties and going through the record, it has been observed that the OP insurance company has wrongly and illegally denied claim to the complainant whereas the complainant was entitled to IDV of the vehicle to the tune of Rs.4,30,000/- (Ex.R-3). It has also been observed that due to such act & conduct of OP insurance company, complainant must have suffered monetary loss, as well as mental and physical harassment for which he is also entitled to be compensated by the OPs. Accordingly, the complaint is allowed and OPs, jointly and severally, is directed to comply with the following directions within 40 days from passing of this order:-

(i)       To pay a sum of Rs.4,30,000/- (Rs. Four lacs thirty thousand) to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint till its realization subject to execution of letter of Subrogation and completing all other formalities qua transfer of ownership of vehicle in question etc. in favour of OP Insurance Company by the complainant within 15 days from the date of communication of this order.

(ii)      Also to pay a sum of Rs.50,000/- (Rs. Fifty thousand) as compensation for harassment.

(iii)     And to pay a sum of Rs.11000/- (Rs. Eleven thousand) on account of 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.