Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 173
Instituted on : 17.03.2020
Decided on : 18.07.2023
Smt. Ritu Hooda W/o Sh. Vikram Sangwan R/o H.No.1165/4, New Anaj Mandi, Near Mal Godam Road, Rohtak.
.......................Complainant.
Vs.
United India Insurance Company Limited, Delhi Road, D-Park, Rohtak through its Divisional Manager
…………...Opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Ashok Kadian, Advocate for complainant.
Sh.A.S.Malik, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that she had got insured his vehicle Ameo Car bearing registration no. HR-12AF-4042 vide policy No.1112003119P100258786 for the period from 02.04.2019 to 01.04.2020. On 19.11.2019, the vehicle of the complainant met with an accident as an another vehicle hit her car from backside and the car of complainant met with divider and a heap of stones lying there and car was damaged from front and back side. After the accident the complainant called roadside assistance of Volkswagon and send her damaged car to their workshop and service manager informed the surveyor of the insurance company. Her vehicle was surveyed by the surveyor of the opposite party and with her permission the vehicle was got repaired. An amount of Rs.65,369/- was spent by the complainant. Thereafter the complainant submitted her claim to the opposite party and submitted all the requisite documents as demanded by the officials of the opposite party. Later on officials of the opposite party had paid only Rs.22,812/- and complainant has pay Rs.42,557/- from her own pocket. Complainant approached the officials of the opposite party and requested them to disburse the claim amount in her favour and also submitted all the relevant documents as desired by the opposite party. But after repeated requests the opposite party did not disburse the remaining amount of claim to which the complainant is entitled. As such, there is deficiency in service on the part of opposite party. Hence this complaint and it is prayed that opposite party may kindly be directed to pay the remaining claim amount i.e. Rs.42,557/- alongwith interest @ 18% per annum from the date of accident of car till its realization, to pay Rs.1,00,000/- as compensation and Rs.11,000/- as litigation charges to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that they deputed Sh. Ajmer Singh Ahalawat, Surveyor to assess the loss of insured vehicle. He recommended Rs.22,812/- as per terms and conditions of the policy. The surveyor further explained in his survey report the damage are allowed only those which beheld were fresh in nature and co-relating with cause of accident. The surveyor informed complainant for allowing the left side damage only. It is denied that opposite party is liable to pay the full repair charges to the complainant. The claim has been settled as per terms and conditions of policy and survey report and Rs.22812/- were paid on 28.01.2020. It is denied that opposite party is liable to pay the full repair charges to the complainant. All the other contents of the complaint were stated to be wrong and denied and answering opposite party prayed for dismissal of complaint.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavits Ex.CW1/A, documents Ex.C1 to Ex.C20 and closed his evidence on dated 07.04.2022. Learned counsel for opposite party has tendered affidavit Ex. R1, documents Ex. R-2 to Ex. R-8 and closed his evidence on dated 26.07.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case insurance and accident of the vehicle is not disputed. As per the complainant she got repaired her vehicle with the permission of surveyor of opposite party No.1 and spent an amount of Rs.65369/-. But the opposite party had only paid an amount of Rs.22812/- and has withheld the remaining claim amount on the ground that damages are allowed only those which were fresh in nature and co-relating with cause of accident. We have perused the documents placed on record by both the parties. As per email Ex.R2 regarding final survey of vehicle no.HR12AF-4012, it is submitted by the surveyor that : “Damages of right side not tallied as per cause and nature of accident and after spot verification, hence damages of front right side are not allowed and left side damages are allowed only”. We have also perused the claim form Ex.R8 and survey report Ex.R4. It has been specifically mentioned in the claim form and survey report that the vehicle in question has been struck by the behind coming vehicle from left side and to save from the left side vehicle, insured vehicle collided from its right side front into stone laying there with divider. Resulting insured vehicle got damaged. In roadside these type of accidents can be happened and it cannot be said that both the losses cannot be occurred in one time. We have minutely perused the photographs placed on record as Ex.C17 to ex.C20, which also shows the accident from both sides. Hence the objection raised by the insurance company is not tenable in the eyes of law.
6. We have also perused the bill Ex.C11, as per which complainant had spent an amount of Rs.40985/- and Ex.C12 amounting to Rs.24300/-. Ex.C9 to Ex.C11 belongs to only one bill dated 01.01.2020 amounting to Rs.40985/- and Ex.C12 is another bill amounting to Rs.24384/-. As per Ex.C15, complainant has received only an amount of Rs.22812/- from the opposite party. We have perused the documents placed on record by both the parties. The vehicle in question met with an accident on 19.11.2019 and brought in the Volkswagen, Rohtak on 20.11.2019 and an invoice amounting to Rs.24384/- was prepared and this amount has been sanctioned by the insurance company. One more invoice i.e. Ex.C9 to Ex.C11 is also placed on record in which the repair order date is mentioned as 01.01.2020 and invoice date is 15.01.2020. The total amount of both the bills comes to Rs.65369/- but the opposite party has only paid an amount of Rs.22812/-. Perusal of these invoices itself shows that vehicle was repaired in Volkswagen Rohtak, Budhwar Cars Pvt. Ltd., for the damages occurred in accident. These are the accidental repairs and the complainant paid the amount of both the bills. The vehicle was parked in the premises of Volkswagen on 20.11.2019 and repair was made on 13.01.2020 and invoice was generated on 13.01.2020 for the amount of Rs.24384/- and against this invoice, the insurance company paid an amount of Rs.22800/-. Here the insurance company denied to repair of the another damages of the vehicle on the ground that : “Damages of right side not tallied as per cause and nature of accident and after spot verification, hence damages of front right side are not allowed and left side damages are allowed only”. Thereafter the complainant repaired the vehicle on her own expenses and an invoice dated 15.01.2020 was generated by Volkswagen . So against the invoice dated 15.01.2020 the complainant has paid an amount of Rs.40985/- and as such and opposite party is liable to pay the alleged remaining claim to the complainant.
6 In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay the amount of Rs.40985/-(Rupees forty thousand nine hundred and eighty five only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.17.03.2020 till its realization, to pay Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
18.07.2023.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
………………………………..
Vijender Singh, Member.
