Punjab

Ludhiana

CC/21/320

Pawan Sood - Complainant(s)

Versus

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

complaint in person

03 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 320 dated 01.07.2021.                                                       Date of decision: 03.04.2023. 

 

Pawan Sood son of Late Shri Ram Lal Sood, r/o.95-A, Ist Floor, Tagore Nagar-A, Civil Lines, Ludhiana-141001. Mobile No.98784-05816.                                                                                                                ..…Complainant

                                                Versus

United India Insurance Company Ltd., Branch Office 818, Industrial Area-B, Above Allahabad Bank, Near Partap Chowk, Ludhiana-141003 through its Branch Manager. Telephone No.5030746-47.                                                                                                                                 …..Opposite party         

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Pawan Sood in person.

For OP                           :         Sh. D.R. Rampal, Advocate.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Shorn of unnecessary details, the facts of the case are that the complainant is owner of Samsung Refrigerator double door Model No.SR-14EMA, serial No.42BR800295M which was insured with opposite party since the year 2013-14 along with other household goods. The insured value of the refrigerator was Rs.25,000/- vide policy No.201003262P113683914 from 24.02.2021 to 23.02.2022 against premium. The complainant submitted that in the second week of April 2021, the said refrigerator became out of order and he intimated the said fact vide letter dated 12.04.2021 with request to opposite party to appoint surveyor. One person from opposite party came to house of the complainant who directed the complainant to approach authorized service centre of Samsung company. The complainant lodged complaint No.4323155394 dated 13.04.2021 with Imperial Refrigeration, B-XXVIII, Plot No.1341/A, Shaheed Karnail Singh, Phase-3, Pakhowal Road, Ludhiana, an authorized centre of Samsung. The engineer from Imperial Refrigeration visited house of the complainant on 13.04.2021 to inspect the refrigerator who after thorough inspection reported that the said refrigerator is (not repairable) out of order and charged Rs.295/- from the complainant vide cash receipt No.5152 dated 13.04.2021 issued by Imperial Refrigeration.  The complainant further submitted that he submitted all the relevant documents to opposite party to pay the insured amount of refrigerator but the opposite party lingered the matter and vide letter No.1525 dated 24.05.2021 intimated the complainant that “on based of surveyor report coil is not payable and it is general wear and tear loss and as per House Holder insurance policy General Exceptions (b)  loss or damage caused by wear and tear is not payable and hence the file stands closed as No-Claim.”  The complainant many times requested the opposite party to pay the genuine claim and to pay the insured amount of compensation of the refrigerator but the opposite party flatly refused to do so which amounts to deficiency in service on the part of the opposite party due to which the complainant has suffered mental pain, agony and harassment on account of non-payment of the claim. In the end, the complainant prayed for issuing direction to the opposite party to pay Rs.25,000/- being insured value of refrigerator along with interest @18% per annum and to pay Rs.1,00,000/- as compensation besides litigation expenses of Rs.30,000/-.            

2.                Upon notice, the opposite party appeared and filed written statement by taking preliminary objections and assailed the complaint on the ground of maintainability and suppression of material facts. The opposite parties alleged that the claim of the complainant was minutely scrutinized by competent authority on the basis of survey report dated 24.04.2021 of G.P.S. Miglani Surveyor & Loss Assessors and found that the claim of the complainant is not maintainable and the same was treated as No Claim. No Claim letter dated 24.05.2021 was duly sent to the complainant.

                   On merits, the opposite party reiterated the crux mentioned in the preliminary objections. The Opposite party alleged that the complainant has concocted a false and frivolous story. The parties are governed by terms and conditions of the House Holders Insurance Policy which is a contract itself and no party can wriggle out from the said contract. The opposite party alleged that that the complainant gave intimation with regard to damages/loss of refrigerator on 12.04.2021. The Engineer/representative of M/s. Imperial Refrigeration gave the remarks on cash receipt that ‘set is not repairable’. The insurance company deputed M/s. G.S. Miglani Insurance Surveyor and Loss Assessors Pvt. Ltd. who visited the premises of the complainant on 13.04.2021 and did the survey on that date and on its subsequent dates and eh also took the photographs of the refrigerator of the complainant and found that the said refrigerator is 16 years old. The surveyor also observed that the refrigerator as on date is working however it is not cooling and the reason for its not cooling is that its freezer cooling coils needs to be changed and under no circumstances breakdown of cooling coil cannot be proved. The opposite party further alleged that it is just with time (i.e. since the said refrigerator is 16 years old) the cooling coil has stopped functioning. Accordingly the surveyor submitted his report dated 24.04.2021 and said surveyor also considered the receipt submitted of M/s. Imperial Refrigeration and same was also mentioned by the surveyor in its survey report and the said surveyor has also opined that cooling coil is not payable under the terms and conditions of the policy. It is general wear and tear loss. On receipt of the surveyor report, the competent authority of the opposite party scrutinized the claim of the complainant and found that the same is not payable one and it is general wear and tear loss and as per House Holders insurance Policy General Exception (b) Loss or damage caused by wear and tear is not payable and the claim of the complainant was treated as no claim vide repudiation letter dated 24.05.2021. According to the opposite party, the insurance company and surveyor have rendered due and proper services and there is no deficiency in their service. In the end, a prayer for dismissal of the complaint has been made.

3.                The complainants filed replication to the written statement denying the allegations of the written statement and reiterated the allegations made in the complaint.

4.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record documents i.e. Ex. C1 is the copy of House Holder Insurance Policy, Ex. C2 is the copy of letter dated 12.04.2021 written by the complainant to the opposite party, Ex. C3 is the copy of cash receipt dated 13.04.2021 of Imperial Refrigeration, Ex. C4 is the copy of repudiation letter dated 24.05.2021 and closed the evidence.

5.                On the other hand, the counsel for the opposite party tendered affidavit Ex. RA of Sh. Inderjit Singh, Divisional Manager of the opposite  party as well as affidavit ex. RB of Sh. Sanjeev Singh Pasricha, Director of M/s. G.P.S. Miglani Insurance Surveyors and Loss Assessors along with documents i.e. Ex. R1 is the copy of House Holders Insurance Policy, Ex. R2 is the copy of letter dated 12.04.2021 written by the complainant to the opposite party, Ex. R3 is the copy of email, Ex. R4 is the copy of cash receipt dated 13.04.2021 of Imperial Refrigeration, Ex. R5 is the copy of claim form, Ex. R6 is the copy of product details of Samsung Double Door refrigerator, Ex. R7 is the copy of survey report dated 24.04.2021, Ex. R8 to Ex. R23 are the copies of photographs of the refrigerator, Ex. R24 is the copy of repudiation letter dated 24.05.2021 and closed the evidence.

6.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written statement produced on record by both the parties.   We have also gone through the written arguments submitted by the complainant.

7.                Indisputably, the complainant is owner of Samsung Refrigerator double door Make year 2005 which is being insured with opposite party along with other house hold items since 2013-2014. Lastly, it was insured for a value of Rs.25,000/- having a coverage period from 24.02.2021 to 23.02.2022 Ex. C1 = Ex. R1. In the second week of April 2021, the said refrigerator went out of order and in response to complaint lodged with manufacturer Samsung, a service engineer from its authorized service centre namely Imperial Refrigeration visited the house of the complainant and inspected the fridge and found that a specific part is not available and the set is not repairable. On receipt of request Ex. C2 = Ex. R2, the opposite party deputed M/s. G.S. Miglani Insurance Surveyor and Loss Assessors Pvt. Ltd. whose service representative visited and gave its report Ex. R7. According to the report, the cooling coil of the refrigerator was found damaged and the same was needed to be replaced with new one. It was further observed that cooling coil was not payable under terms and conditions of the policy and the damage is due to general wear and tear. As such, the surveyor assessed the net payable loss to be Zero.

8.                Vide repudiation letter Ex. R24 dated 24.05.202, the claim file of the complainant was closed as “No Claim” by invoking clause 2 of General Exceptions of the Policy which provides that the company shall not liable in respect of any loss or damage caused by depreciation or wear and tear.

9.                In the present case, the refrigerator was purchased by the complainant in 2005. However, no invoice of the refrigerator has been placed on record so to assess its price and the time of its purchase in the year 2005. This refrigerator was being consistently used by the complainant for last about 16 years and it has not been brought to the notice of this Commission that periodic maintenance of the refrigerator was carried out by the complainant during these long 16 years. The surveyor M/s. G.S. Miglani Insurance Surveyor and Loss Assessors Pvt. Ltd. is categoric in his report that the cooling coil needs replacement with new. Moreover, liability cannot be fastened on the opposite party even it is assumed that the part to be replaced is not available in the market. In the given facts and circumstances, this Commission is of the view that the opposite party has rightly invoked clause 2 of the General Exceptions of the policy and as such, the complaint is dismissed being devoid of any merits.

10.              As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

11.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                      President         

 

Announced in Open Commission.

Dated:03.04.2023.

Gobind Ram.

 

 

Pawan Sood Vs United India Insurance Co. Ltd.                    CC/21/320

Present:       Complainant Sh. Pawan Sood in person.

                   Sh. D.R. Rampal, Advocate for OP.

 

                   Arguments heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                      President         

 

Announced in Open Commission.

Dated:03.04.2023.

Gobind Ram.