Punjab

Patiala

CC/20/189

Kuldeep Sharma - Complainant(s)

Versus

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

Sh Jagdeep Singh Malhi

13 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/189/2020
Date of Institution	:	24.9.2020
Date of Decision	:	13.3.2023

 

 

Kuldeep Sharma aged about 35 years son of Sh.Ram Darshan R/o Backside Urban Estate, Phase-3, Near Radio Station, Gobind Enclave, Dealwal, Patiala.

 

 

                                                                   …………...Complainant

                                      Versus

 

1. United India Insurance Co. Ltd. registered office whites road, Chennai 600014, through its Managing Director.
2. United India Insurance Co. Ltd. above Bank of Baroda, Thandi Sarkak, Malerkotal, Tehsil Malerkotla, District Sangrur through its Managing Director.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

 

 

PRESENT:                   Sh.J.S.Malhi, counsel for complainant.

                             Sh.Amit Gupta, counsel for OPs.              

 ORDER                                          

1. The instant complaint is filed by Kuldeep Sharma S/o Sh.Ram Darshan   (hereinafter referred to as the complainant) against United India Insurance Co. Ltd. (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:

That he purchased car make Wolksvegon (Vento) bearing registration No.PB-11-CB-8539. Earlier the said car was insured from 22.3.2018 to 21.3.2019.After expiry of one year, complainant got his car insured with the OPs for the period 22.3.2020 to 21.3.2021.

On 14.3.2020, relative of complainant namely Tara Chandwas traveling on Sangrur Bypass road, Patiala when suddenly a stray animal came on the road and in order to save the animal, car in question struck with divider of the road as a result of which car fully damaged. In this regard DDR was got registered in P.S.Urban State, Patiala by Tara Chand. Information was also duly sent to OP No.2. Surveyor of the company visited the spot who inquired about the incident and also took photographs of the damaged vehicle. Thereafter claim was lodged with the OPs but the same was refused on the ground that the vehicle was not insured with them. The complainant showed relevant documents to the OPs but Op No.2 told that policy stands in the name of one Jasvir Singh s/o Dalbara Singh. There is thus deficiency in service on the part of OPs which caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of the complaint.

3. Upon notice, OPs appeared through counsel and filed written statement having raised various preliminary objections. It is  pleaded that the complainant has obtained one insurance policy No.1117053117P117984005 covering the car bearing registration No. PB-11-C-8539 w.e.f.22.3.2018 to 21.3.2019 strictly subject to the terms and conditions of the policy. Thereafter said vehicle was insured by Jasvir Singh son of Dalwara Singh R/o village Ballewal, Tehsil Malerkotla for the period 22.3.2019 to 21.3.2020.Accidental damage was claimed under the later policy as per the intimation sent by Kuldeep Sharma. Sh.Rajesh Aggarwal, surveyor was deputed by the competent authority, who submitted his report dated 21.3.2020 assessing the liability of company on net of salvage basis for Rs.5,70,830/- but while processing the claim, it was observed by the OPs that the insurance policy of the vehicle was obtained by Sh.Jasvir Singh s/o Dalwara Singh w.e.f.22.3.2019 to 21.3.2020, whereas the vehicle was still registered under the name of Kuldeep Sharma. No claim was lodged by Jasvir Singh. As such the present claim was repudiated vide letter dated 9.9.2020 on the ground of no insurable interest of the complainant. Further as per the registration certificate, the vehicle was hypothecated with State Bank of India and without impleading the same, the present complaint is not maintainable.

On merits, it is admitted that the policy in question was valid at the time of accident. It is alleged that the same was not purchased by the complainant rather the same was purchased byone Jasvir Singh S/o Dalbara Singh R/o village Ballewal, Tehsil Malerkotla for a period of 22.3.2019 to 21.3.2020.The averments which have been taken in the preliminary objections are not reiterated for the sake of brevity. After denying all other averments the OPs have prayed for the dismissal of the complaint.

4. In evidence, ld. counsel for the complainant has tendered Ex.CW1/A affidavit of complainant alongwith documents Ex.C1 copy of RC of car No.PB 11CD8539, Ex.C2 copy of insurance policy, Ex.C3 copy of insurance policy, Ex.C4 copy of insurance policy, Ex.C5 copy of DL of Tara Chand, Ex.C6 copy of DDR, Ex.C7 copy of Aadhar card, Ex.C8 copy of insurance policy w.e.f.2019-2020 and closed the evidence.
5. Ld. counsel for OPs has tendered in evidence Ex.OPA affidavit of Varun Singla, Branch Manager, Ex.OPB affidavit of Rajesh Aggarwal,surveyor,Ex.OP1 insurance policy in the name of Jasvir Singh for the period 22.3.2019 to 21.3.2020, Ex.OP2 previous policy of Kuldeep Sharma, Ex.OP3 copy of intimation, Ex.OP4 copy of estimate, Ex.OP5 copy of claim form, Ex.OP6 to Ex.OP8 copies of DL, RC and Pan card, Ex.OP9 copy of DDR, Ex.OP10 copy of surveyor report with annexures, Ex.OP11 copy of repudiation letter and closed the evidence.
6. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
7. The complainant is owner of car Wolksvegon (Vento) bearing registration No.PB11-CD-8539, copy of which is Ex.C1. The said car was insured with the OPs  vide policy bearing No.11170531177P117984005, Ex.C3, valid from 22.3.2018 to 21.3.2019 and policy No. 1117053118P115965686 valid from 22.3.2019 to 21.3.2020,Ex.C8.The said car which was being driven by Sh.Tara Chand, one of the relatives of the complainant, met with an accident on 14.3.2020 on Sangrur bypass Road, Patiala. Copy of driving licence of said Tara Chand, valid upto 5.4.2035 is Ex.C5. DDR Ex.C6 was lodged with police station Urban Estate, Patiala. Claim was then lodged  with the OPs vide letter,Ex.OP3.Loss was assessed by the surveyor of the OPs vide his report,Ex.OP10, to the tune of Rs.5,70,830/- on net of  salvage basis with RC and Rs.6,58,830/- without RC.Claim was repudiated by the OPs vide letter dated 9.9.2020, Ex.OP11 on the ground that the car of the complainant was insured in the name of Sh.Jasvir Singh S/o Dalbara Singh w.e.f.22.3.2019 to 21.3.2020 and not in the name of complainant and said Jasbir Singh is neither the owner of the car nor he has lodged any claim with the OPs.
8. We have gone through the evidence placed on record as well as the arguments addressed by counsels of both the parties.
9. The insurance of the car  bearing registration No.PB 11CD-8539 having engine No.SWX143406 and chassis No.HT068383, for a declared value of Rs.830923/- was registered against certificate No.1117053117P117984005, valid from 22.3.2018 to 21.3.2019,Ex.C3 was issued in the  name of complainant for a consideration of Rs.22015/-.The said insurance was carried forward vide policy No.1117053118P115965686 from the previous policy, as stated above, being the same particulars of the vehicle  i.e. registration number, engine number and chassis number, vide Ex.C8 for a consideration of Rs.19249/- for the sum assured of Rs.7,47,830/-.There is no denial to the fact that the car was insured with the OPs for the period 22.3.2019 to 21.3.2020 during which it met with an accident on 14.3.2020.The car in question was registered in the name of complainant and the insurance policy continued from the previous insurance policy. Ld. counsel for the OPs during arguments submitted that name of the policy holder for the period 22.3.2019 to 21.3.2020 had been inadvertently entered as Jasvir Singh whereas the actual policy holder is Kuldeep Sharma i.e. complainant. Even otherwise also the policy pertains to the same car which met with an accident. As such, we are of the opinion that the claim of the complainant has been wrongly rejected by the OPs and they cannot take benefit of their own wrong doings by making a mistake and then sticking to that mistake.
10. In view of aforesaid consideration, complaint is partly allowed and we direct the OPs as under:

To settle the claim of the complainant to the tune of Rs.5,70,000/- on net of salvage value with RC alongwith interest @6% per annum from the date of rejecting the claim i.e. 9.9.2020 till realization within 30 days from the date of receipt of free certified copy of this order, failing which the OPs shall pay interest on the said amount @9% per annum from 9.9.2020 till realization.

To pay Rs.10,000/-as compensation which is inclusive of costs for causing mental agony and harassment to the complainant.

11.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President