BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint No.202/2018.
Date of instt.:23.07.2018.
Date of Decision: 25.04.2019.
Prem Kumar aged about 48 years son of Shri Fateh Chand resident of village Paniwala Mota Tehsil Dabwali Distict Sirsa.
……….Complainant.
Versus
United India Insurance Company Limited Divisional Office, Dabwali Road, Sirsa through its Divisional Manager.
..……..Opposite Party.
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT, 1986.
Before: SH.R.L.AHUJA…………………………PRESIDENT
SH.ISSAM SINGH SAGWAL …… MEMBER
MRS.SUKHDEEP KAUR………MEMBER.
Present: Shri Sandeep Chaudhary, Adv. for the complainant.
Shri J.B.L.Garg, Adv. for the OP.
ORDER
The complainant has filed this complaint with the averments that complainant is owner in possession of canter (LGV) Ashoka Leyland, bearing registration No.HR57-0300 and got the same insured with Op vide policy No.1119003117P103470506 w.e.f 02.06.2017 to 01.06.2018. On 26.07.2017, the vehicle of the complainant met with an accident, as all of a sudden, a stray animal came across the vehicle. At the time of accident, the vehicle was driven by Ramanpreet Singh son of Gurcharan Singh. Due intimation was given to the OP. After inspection by the surveyor, the vehicle was brought at 777 Car Care & Service Point, Srisa for repair. The vehicle was got repaired and the complainant had paid Rs.54691/- on the repairing of the vehicle. The complainant had lodged claim with the Op and also submitted the requisite documents but the Op vide letter dated 11.12.2017 repudiated the claim on the ground of concealment of facts of previous claim at the time of getting the insurance of vehicle. Thereafter, the complainant visited the Op for payment of claim, but it refused to do so. The act and conduct of the OP is clear cut deficiency in service on its part. Hence, this complaint.
2. On notice, the Op appeared and filed its reply wherein it has taken preliminary objections such as complaint is not maintainable; complainant has got no cause of action; that the complaint has been filed after concealing the material facts from the Forum and that the complainant is estopped from filing the present complaint. It has been submitted that the claim has already been repudiated vide letter dated 11.12.2017 for suppression of material fact by the complainant qua previous claim with New India Assurance Company qua taking No Claim Bonus and the declaration in the proposal form given by the complainant was proved to be false one. After the intimation, surveyor was appointed, who had inspected the accidental vehicle and assessed the loss to the tune of Rs.27,300/-. The claim of the complainant was repudiated as per the terms and conditions of the insurance policy in a legal and lawful manner. There is no deficiency in service on the part of OP and prayer for dismissal of the complaint has been made.
3. Thereafter, both the parties have led their respective evidence.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
5. The complainant in order to prove his case filed his affidavit Ex.CW1/A, in which he has reiterated all the averments made in the complaint and has also tendered documents such as insurance policy Ex.C1, certificate of fitness Ex.C2 and Aadhar Card Ex.C3. On the other hand, the Op has tendered affidavit of Sh.Bal Ram Bhadur, Senior Divisional Manager as Ex.RW/1, in which he has deposed in terms of reply and also tendered documents such as insurance policy Ex.R1, letter Ex.R2, another letter Ex.R3 and report of surveyor Ex.R4.
6. It is undisputed fact between the parties that the complainant is registered owner of vehicle bearing registration No.HR57-0300, which was got insured with the OP vide insurance policy bearing No. 1119003117P103470506 w.e.f 02.06.2017 to 01.06.2018. It is also proved fact on record that on 26.07.2017 the above said vehicle met with an accident near Fatehabad bye-pass. Due information was given to the OP. The complainant had got repaired his vehicle and paid Rs.54691/- on account of repair, parts and labour etc. The claim lodged with the Op but the same has been repudiated by the Op vide letter dated 11.12.2017 on the ground of concealment of previous claim at the time of getting the previous claim of the vehicle.
7. The evidence of the OP reveals that the Op has relied upon letter Ex.R3 of the New India Assurance Company Limited but the perusal of this letter reveals that it does not bear the signatures of any official and seal of the office, as such, no reliance can be placed of this letter. The perusal of the surveyor report reveals that the survey was conducted by the surveyor Sh.Anuj Khatter, who submitted his detailed report dated 20.08.2017, by which he assessed the loss to the tune of Rs.27300/-
8. It appears from the record that the Op has repudiated the claim of complainant in a very casual and ordinary manner without leading any cogent and convincing evidence. The Op has also not produced any affidavit of the official of the New India Assurance Company Limited regarding the claim taken by the owner of the vehicle during the validity of the previous insurance policy. Nor any other evidence has been led by the OP, from which it could be presumed that the claim was taken by the complainant from any other insurance company.
9. In view of the above discussion, we hereby allow the present complaint with a direction to the Op to settle and pay the claim of the complainant as per the surveyor report within a period of 30 days from the receipt of copy of this order. The Op is further directed to pay Rs.5,000/- to the complainant as composite compensation for harassment and litigation expenses. A copy of this order be sent to both the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:25.04.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
