Haryana

Ambala

CC/159/2016

Nitin Sharma - Complainant(s)

Versus

United India Insurance Co Ltd. - Opp.Party(s)

Sanjay Aggarwal

02 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 159 of 2016

                                                          Date of Institution         : 18.03.2016

                                                          Date of decision   :  02.02.2018

 

Nitin Sharma aged about 36 years son of Shri Ashok Sharma resident of House No.935-36, Sector 7 Urban Estate Ambala City.

……. Complainant.

Vs.

 

1.United India Insurance Company Limited  Bal Bhawan Road, Polytechnic Chowk, Ambala City through its Branch Manager.

2.United India Insurance Company Limited, Near Municipal Corporation Office, Ambala Cantt. through its Divisional Manager.

                                                                             …….Opposite Parties.

 

Before:        Sh. D.N.Arora, President.

                   Sh.Pushpender Kumar, Member.

                   Ms. Anamika Gupta, Member.                  

 

Present:       Sh. Sanjay Aggarwal, counsel for complainant.

                   Sh. Deepak Sharma, counsel for the OPs.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant is owner of Car Skoda Laura bearing registration No. HR01-AA-110 which he insured with the OPs vide policy number 1101023114P109265737 having validity from 29.01.2015 to 28.01.2016. On 22.09.2015 at about 9.30 p.m. when the complainant was going to his factory from his residence and when he reached near Royal Palace on Service Lane it was raining heavily and there was water logging and number of vehicles were going ahead of his car, which was being driven by driver Narian Reshmi; in the meantime, a truck over took the car of the complainant in a very high speed and due to which a lot of water threw on the his car which stopped there.  The complainant brought the car in question on 23.09.2015 by towing the same through Auto/Three Wheeler. Thereafter, the car in question was taken to Krishna Auto Sales through crane where it was told that the cost of repairing the same would be Rs.7.5 lac as the engine of the same got blocked and it required replacement. Further the car was taken to Basan Motor Works Ambala Cantt. who gave estimate to the tune of Rs.5,66,043/-.The complainant deposited the same with the OPs alongwith claim form dated 06.10.2015. The car in question was got repaired from Bassan Motor Works, Ambala Cantt. as per direction of the OPs and Rs.3,97,5151/- were spent as repairing cost. The OPs had paid Rs.99723/- through RTGS in the account of the complainant and when the complainant objected to the same then it was assured that the balance amount would be released but they refused to reimburse the said amount. The act and conduct of the Ops clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavits Annexure C2, Annexure CW, Annexure CX, Annexure CY and documents from Annexure C1, Annexure C3 to Annexure C10.

2.                On notice, OPs appeared and filed their joint reply wherein it has been submitted that present complaint is not maintainable because an amount of Rs.99,723/- has already been paid to the complainant through RTGS as per report of surveyor and in terms of policy conditions. There is no deficiency in service and unfair trade practice on the part of OPs as full and final payment has already been made to the complainant. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit Annexure RX and document Annexure R1.

3.                We have heard learned counsel for the parties and carefully gone through the case file.

4.                After hearing learned counsels for the parties and going through the material placed on case file it is clear that Car Skoda Laura bearing registration No.HR01-AA-110 of the complainant was insured with the OPs vide policy number 1101023114P109265737 having validity from 29.01.2015 to 28.01.2016. It is also not disputed that the car got damaged during the subsistence of the policy and regarding this Rs.99,723/- has already been paid to the complainant through RTGS.  

5.                          The grievance of the complainant is that he got repaired his car from Bassan Motor Works, Ambala Cantt. by paying a sum of Rs.3,97,515/- vide invoice No.2270 dated 13.02.2016 (Annexure C8) and  as per clause Nos.4 & 5 of the terms and conditions of the policy, the insurance company is liable to indemnify the loss if occurs to the insured vehicle during the validation of the policy but the insurance company has paid meager amount and that too was received under protest.

6.                          On the other hand the insurance company has come with the plea that the claim of the complainant has already been settled full and final and Rs.99723.66 has already been paid to him through RTGS on account of damage to the vehicle as per terms and conditions of the policy as assessed by the surveyor vide report Annexure R1.

7.                          The complainant in order to prove his case has tendered his affidavit Annexure CX besides tendering affidavit of driver Naraian Reshmi as Annexure CW, affidavit of Sh.Gurinder Singh, owner of workshop where the complainant got his vehicle repaired by spending a sum of Rs.3,97,515/- as Annexure CX and affidavit of Sh.Vikram Kumar as Annexure C2 who had taken the damaged vehicle to the house of complainant.  The complainant has also placed on file estimate to the tune of Rs.5,66,110/- of the repair of the vehicle as Annexure C6. It is strange that in the estimate given by Bassan Motors Works the labour charges have been shown as Rs.15,000/- whereas in bill Annexure C8 Rs.30,000/- has been charged as labour charges.

8.                Keeping in view the facts and circumstances of the case and the material available on the file it appears that either estimate or bill has been issued for exaggerating the claim because both these documents have been issued by the same person.  In order to clarify the surveyor report especially the item mentioned at Sr.No.1 of Annexure R1 (Half Engine Assy. Estimated Rs.3,50,000/-) has been called by this Forum who appeared before this Forum on 02.02.2018 and clarify qua assessing of claim as per item No.1 and the amount for the parts has already been allowed in the Annexure R1 from column a to f.  The counsel for the complainant placed reliance of case laws titled as Bajaj Allianz General Insurance Co.Limited Vs. M/s Pioneer Electronics & Others 2014 (3) 415 CLT (Chandigarh  State Commission), Bharati Axa General Insurance Co.Ltd. Vs. Chandra Mohan Goyal Prop. M/s Triveni Chemical & Industries 2015 1 (CPR) (NC) 687 and Tata AIG General Insurance Company 2016 (3) CLT (Haryana State Commission) 221.  The verdict made in these case laws is not disputed rather the same are resting on different footings as the assessing of less claim is due to deduction as per IRDA instructions. Moreover, the surveyor has rightly assessed the amount of Rs.99723.66/- and the same has already been released in favour of complainant on 25.02.2016 before filing of the present complaint through RTGS on account of damage to the vehicle as per terms and conditions of the policy as assessed by the surveyor vide report Annexure R1. This fact is also evident from the statement of account of the complainant which has been placed on the case file as Annexure C9.

9.                Hence, in view of above discussed factual as-well-as legal position, we are of the considered view that there is no force in the present complaint which is liable to be dismissed. Same is hereby leaving the parties to bear their own costs. A copy of this order be supplied to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced: 02.02.2018

                                                                                      

                            

(PUSHPENDER KUMAR)   (ANAMIKA GUPTA)       (D.N. ARORA)

          Member                               Member                                President