Delhi

East Delhi

CC/207/2014

LAKHMI CHAND - Complainant(s)

Versus

UNITED INDIA INS - Opp.Party(s)

04 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 207/14

 

Shri Lakhmi Chand

S/o Shri Motto Ram

R/o F-18, Vishwakarma Park,

Laxmi Nagar, Delhi- 110092

                                                               ….Complainant

Vs.    

1. Administrate Office

C-1, Main Road, Kanti Nagar,

New Billet Showroom, Delhi- 110051

 

2. Manager United India Insurance Co. Ltd.

Service Hub-Delhi, Regional Office-1

8^th Floor, Kanchanjanga Building

18, Barakhamba Road, New Delhi                          …Opponents

 

Date of Institution: 25.02.2014

Judgement Reserved on: 04.07.2019

Judgement Passed on: 05.07.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT

          The present complaint has been filed by, Shri  Lakhmi Chand, the  complainant, against, Administrate Office, OP-1 and Manager, United India Insurance Co. Ltd. under Section 12 of the Consumer Protection Act, 1986.

Briefly stated the facts of the present complaint are that the complainant had purchased Maruti ECO Radio Taxi, with registration            no. DL-1RT-1598 and got it insured for a period from 05.09.2013 to 04.09.2014 vide policy no. 040281/31/13/01/00013648. The complainant received a cover note from OP, where under the excess clause, it was mentioned as Rs. 3,000/-, whereas in the policy document the same had been mentioned as Rs. 30,000/.

On 07.10.2013 the insured vehicle met with an accident near Air Port, due to which it got damaged and had to be towed by crane after paying     Rs. 1,500/-. Claim was lodged with OP on the same day, vide claim file                                   no. ROREF-296/13. Surveyor was also appointed but the claim was rejected on the ground that the excess clause as mentioned in the policy was               Rs. 30,000/- .

            The complainant approached the OP and brought to their knowledge that the amount mentioned in excess clause as per cover note was                Rs. 3,000/- and not Rs. 30,000/-, despite that, the claim of the complainant was not settled, hence, the present complaint with prayer for directions to OP to make payment as per the claim filed alongwith interest, Rs. 25,000/- as compensation on account of delay and cost of litigation.

            The complainant has annexed invoice/ job card dated 10.10.2013, letter issued by OP dated 07.02.2014 with his complaint.

            Written Statement was filed by OP upon service of summons. They have taken several pleas in their defence, such as, the claim of the complainant was unacceptable under the policy because the policy was issued with excess clause of Rs. 30,000/-, therefore, OP could not indemnify the claim. It was submitted that an excess policy was issued to the insured and it was agreed that in respect of any of the insured perils, the OP would be liable to indemnify the loss or damage only if the ascertained loss or damage sustained, exceeded Rs. 30,000/- as per excess clause of the policy. It was submitted that upon clarification with the micro office, it was confirmed that there was a clerical mistake in the cover note where under the excess clause Rs. 3,000/- was mentioned instead of Rs. 30,000/- and after resurvey, the claim of Rs. 8,075/- was sanctioned. A letter dated 27.02.2014 alongwith discharge voucher was sent to the complainant which has not been returned by the insured. Rest of the contents of the complaint have been denied with prayer for dismissal of the same.

            Evidence by way of affidavit was filed by the complainant where he deposed on oath the contents of the complaint and  has  got exhibited the copy of the policy as Ex.CW-1/1 and copy of the order dated 07.02.2014 as Ex.CW-1/2.

            OP did not file their evidence despite several opportunities , ultimately their right to file the same was closed.

            We have heard the submission made by the Ld. Counsel for Complainant and have perused the material placed on record. The complainant has approached this Forum with a grievance that his claim was not settled by OP and the same was closed as “No claim” as the claim was within compulsory excess clause and imposed excess clause of Rs. 500/- and Rs. 30,000/- as mentioned in the policy.

No policy document, cover note and claim form have been filed by the complainant from where it could be ascertained as to what was the amount mentioned in the excess clause and for how much amount the claim had been lodged. So, we have to rely solely on the pleadings, where the contract of insurance and Lodging of claim by the complainant is an admitted fact. Assuming that the complainant must have filed claim for Rs. 9492.16, as per the invoice dated 10.10.2013. If we read para 4 of the Written Statement filed by OP they have stated that claim of Rs. 8,075/- had been sanctioned, for which they had sent the discharge voucher alongwith letter to the complainant on 27.02.2014. This is an admission on the part of OP. However, they have not annexed any letter or proof of delivery of the same to the complainant and even chose not to file their evidence, in absence, thereof, their averment that, the complainant had failed to send the discharge voucher cannot be relied upon.

            Therefore, in the facts and circumstances of the present complaint, we hold that OP was deficient in services and direct them to pay Rs. 8,075/- alongwith interest @9% per annum from the date of filing of complaint till realization. We further award Rs. 12,500/- as compensation on account of mental harassment and agony, inclusive of litigation expenses.  

            This order be complied within 30 days from the date of receipt of the order, else the compensation of Rs. 12,500/- shall also carry interest @9% per annum from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room..

 

     

 (DR. P.N. TIWARI)                                                                  (HARPREET KAUR CHARYA)

          Member                                                                               Member    

                                       (SUKHDEV SINGH)

                                            President