Haryana

Karnal

CC/527/2021

Arun - Complainant(s)

Versus

United India Insurance Company Limited - Opp.Party(s)

Vikas Lather

09 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 527 of 2021

                                                        Date of instt.27.09.2021

                                                        Date of Decision:09.11.2023

 

Arun son of Shri Ajmer Singh, resident of house no.362, Kalandri Gate Jattan Street, Karnal.

                                                         …….Complainant.

                                              Versus

 

1. United India Insurance Company Limited, Micro Office, opposite Kapil Muni Mahila College, Railway Road, Kalayat, District Kaithal.

 

2. United India Insurance Company Limited, registered and Head office 24, Whites Road, Chennai.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik……Member

              Dr. Suman Singh…..Member

                   

Argued by: Shri Vikas Lather, counsel for complainant

                   Shri Naveen Khetarpal, counsel for the OPs.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant got insured his vehicle bearing registration no.HR-05AL-5050 Model Swfit VDI with the OPs, vide policy no.1126823119P108128405, valid from 21.09.2019 to 20.09.2020. The insured declared value of the vehicle was Rs.3,10,000/-.  The said vehicle met with an accident on 16.07.2020 at about 10.00/10.30 p.m. due to some stray animal came suddenly in front of the car and the complainant in order to save that animal lost his control on vehicle and vehicle struck to the electricity pole on Phoosgarh Road, near Deswal Dairy Karnal. Intimation in this regard was sent to the OPs and thereafter, complainant took his car to the authorized Service Centre of Maruti i.e. Modern Automobiles, near Namestey Chowk, old G.T. Road, Karnal. OPs appointed a surveyor namely T.P. Singh for inspection of the damaged vehicle, who after inspection submitted his report with the OPs. The OPs demanded the documents i.e. driving licence, registration certificate and the insurance policy of the vehicle from the complainant and same was deposited by the complainant. On 21.07.2020, the service centre gave the estimate of the accidental vehicle, which was of Rs.3,13,809/-and one another estimate dated 06.08.2020 of Rs.1,83,041/- was also given to the complainant. The vehicle in question is not in the repairable condition. The complainant lodged the claim with the OPs and completed all the formalities. Thereafter, complainant visited the office of OPs time and again and requesting to settle the claim but OPs did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. The vehicle in question is still parked in the abovesaid service centre. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action and concealment of true and material facts. On merits, it is pleaded that the claim of the complainant is not maintainable as per terms and conditions of the policy and settled position of law, so same has not been paid to the complainant. It is denied by the OPs that they assured the complainant that claim will soon be disbursed in his account. The claim of complainant has rightly been repudiated by the OPs as per terms and conditions of the policy. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of letter from service centre Ex.C1, copy of estimate Ex.C2, copy of additional estimate by service centre Ex.C3, copy of job card Ex.C4, copy of story narrated by driver after accident Ex.C5, copy of job card Ex.C6, copy of repudiation letter dated 31.08.2021 Ex.C7, copy of insurance policy Ex.C8, copy of registration certificate Ex.C9 and closed the evidence on 25.08.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Raj Kamal, Assistant Manager Ex.RW1/A, affidavit of R.N. Sharma Investigator Ex.RW2/A, copy of repudiation letter dated 31.08.2021 Ex.R1, copies of letters dated 30.06.2021, 05.07.2021, 12.07.2021 and 16.07.2021 Ex.R2 to Ex.R5, copy of surveyor report dated 04.02.2021 Ex.R6, copy of statement of Pawan driver Ex.R7, copy of claim form Ex.R8, copy of affidavit of Arun Ex.R9, copy of investigation report Ex.R10, copy of terms and conditions of the insurance policy Ex.R11 and closed the evidence on 16.06.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant got his vehicle insured with the OPs. On 16.07.2020, the said vehicle met with an accident and was totally damaged. Intimation in this regard was sent to the OPs.  Complainant took his vehicle to the authorized Service Centre of Maruti i.e. Modern Automobiles, near Namestey Chowk, old G.T. Road, Karnal. On receipt of intimation, OPs appointed a surveyor for inspection of the vehicle. After inspection, surveyor submitted his report with the OPs. On 21.07.2020, the service centre gave the estimate of the accidental vehicle of Rs.3,13,809/-and one another estimate dated 06.08.2020 of Rs.1,83,041/- to the complainant. The complainant lodged the claim with the OPs and completed all the formalities. Thereafter, complainant visited the office of OPs so many times and requested to settle the claim but OPs did not settle the same till date and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that the claim of the complainant has rightly been repudiated by the OPs as per terms and conditions of the policy and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the vehicle in question was insured with the OP for the sum insured of Rs.3,10,000/-.

11.           The claim of the complainant has been closed by the OPs, vide letter Ex.C7/Ex.R1 dated 31.08.2021 on the grounds, which are reproduced as under:-

“1. You have concealed the material facts. There is different in cause of accident mentioned in claim form, as per affidavit given by you and narrated in the investigation report.

2.     Final invoice issued by the workshop after repair works.

3.     Cash received receipt issued by the workshop”.

 

12.           The claim of the complainant has been closed by the OPs on the abovesaid grounds. The onus to prove his case was relied upon the complainant but he has miserably failed to prove the same by leading any cogent and convincing evidence. The complainant has alleged that on 16.07.2020 his vehicle was struck with electric pole and badly damaged. On receipt of intimation, OPs appointed a surveyor to investigate the matter. On inspection, neither alleged pole was found broken nor any scratches were occurred to the electric pole in the alleged accident. The driver of the vehicle in question namely Pawan Pundir has suffered his statement Ex.C5/Ex.R7 to the effect that in the said accident neither any loss has occurred to the Electricity Department nor any intimation was given to the police. In the said statement SDO of the Electricity Department has specifically made endorsement to the effect that he has no knowledge about the said accident and no loss has occurred on the said date to the electricity department on the site. It is not a possible that if the vehicle struck with the pole and badly damaged,neither pole broken nor any scratches occurred on the pole. Furthermore, complainant has also not got recorded any DDR/FIR regarding the said accident and also not sent the intimation to the OPs in time, due to that no spot inspection was done by the OPs, thus complainant deprived the right of the OPs to ascertain the actual fact with regard to accident. Furthermore, no photographs with regard to said accident has been placed on file by the complainant. No MLR with regard to injuries suffered by the driver or any other person, who sit in the car has been placed on file by the complainant. As per version of the complainant, the vehicle in question was driven by him and nobody accompanied with him but as per the statement of Pawan Pundir, the vehicle in question was being driven by him and he was alone in the vehicle. Hence, it also creates doubt in our mind, who was driving the vehicle. It is not a possible that no one has suffered any injuries in such type of accident. The accident has not been proved. It appears that complainant has made a concocted story just to take the benefit of the insurance policy.

 13.          Thus, as a sequel to abovesaid discussion, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance

Dated: 09.11.2023.                    

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                     Member                        Member