Before the District Consumer Disputes Redressal Commission, Rohtak.
Consumer Complaint No.:480
Instituted on: 19.08.2021
Decided on:03.12.2024
Deepak S/o Sh. Rajpal R/o Village – GaddiKheri, Distt. Rohtak.
….Complainant
Vs.
United India Insurance Company Limited, 323/21, 2nd floor, Jawahar Market, Delhi Road, opp. D-Park, Rohtak through its Manager
……Opposite Party
COMPLAINT UNDER SECTION 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJDENER SINGH, MEMBER.
Present: Complainant in Person with Sh. Ramesh Kumar Nandal Advocate.
Sh. Anurag Malik, Advocate for Opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the present compliant, as per complainant, are that he is the registered owner of a vehicle bearing registration No.HR-46E-0916, duly insured with opposite party companyvide policy No. 34280031200160152098 validw.e.f. 01.01.2021 to 31.12.2021 for Insured Declared Value (IDV) of Rs.4,16,000/-. On 29.3.2021, the said vehicle met with an accident at Jind Bye-Pass, Rohtak with a Tralla and car of complainant was badly damaged.Aftertheaccident, the complainant informed the insurance company regarding this fact on 30.03.2021. The surveyor of opposite party inspected the vehicle of the complainant and prepared the report. The vehicle was taken to Maruti authorised workshop and an amount of Rs.57,510/- was spent by the complainant for getting repair of his vehicle.The complainant applied for insurance claim to the opposite party and submitted all the documents under claim No.0428003121C050985001 but the officials of the opposite party repudiated the claim of the complainant on 08.07.2021 illegally on some false grounds. This act and conduct of the opposite party,in not giving the claim amount is illegal and amounts to deficiency in service. Hence this complaint and it has been prayed that opposite party may kindly be directed to pay the amount of Rs.57510/- alongwith interest @ 18% p.a. from the date of accident of vehicle till its realisation and also to pay Rs.200000/-on account of compensation and Rs.11000/- as litigation expenses besides any other relief to which the Hon'ble Commission may think fit and proper, to the complainant.
2. Notice of the present complaint was issued to the opposite party. Opposite party appeared and filed its written statement. In its written statement, the opposite party took some preliminary objections, that the opposite party (United India Insurance Co. Ltd.) deputed Sh. Manoj Agnihotri, Advocate to investigate the facts of the case. The report of Investigatorreflected that according to the insured and driver, the accident occurred when a trailer suddenly turned towards the left side while it was ahead of their car on its right side.This led to the vehicle striking the left rear portion of the trailer, resulting in damage to its (car) front side.However, this version does not match with the actual damage observed on the insured vehicle. Damages extend from the upper portion of the bonnet to the lower side of the bumper. The trailer's ground clearance height was (about 3 feet or 36 inches) and a Swift Dzire car bonnet height (about 3 feet) damage should only be on the upper portion of the bonnet and not extending down to the bumper.The investigator inspected the alleged loss location but found no witnesses or documents to prove that an accident occurred there. Persons/shopkeepers available at the loss location showed ignorance about any such incident and refused to provide written statements. There were cow dung and grass in the lower portion of the engine area which indicated that the vehicle struck something on or near ground level where these materials were present which contradicted road conditions at Jind Bye Pass Chowk, Rohtak. Further, Sh. Surender Singh, Surveyor and Loss Assessor deputed by Opposite Party had assessed the loss on repair basis amounting to Rs.70,600/- and his report revealed that the insured car met with an accident at a different location than mentioned in their intimation letter and claim form (near Jind Bye Pass Chowk, Rohtak). As such, the cause of accident seems unjustified.Therefore, considering both investigation reports and survey observations, it was concluded that this claim was/is not payable. The insured’s vehicle was registered and insured as a commercial vehicle. For any loss or accident involving a commercial vehicle, spot survey or police report is mandatory for claiming compensation. The absence of these documents violates policy terms and legal requirements. Hence this claim is not payable. Both final survey and investigation reports confirm that the car of complainant met with an accident at some other place but the complainant did not providethe correct information. The Competent authority recommended repudiation of the claim vide letter dated 08/07/2021 which is self-explanatory. It is further contended by the opposite party that the present case involves intricate questions involving both law & facts which cannot be decided through summary proceedings. However, on merits of the case, the opposite party has denied all other allegations mentioned in the complaint by the complainant. It is contended by the opposite party that there is no deficiency in service to the part of the opposite party and dismissal of complaint has been sought.
3. Complainant in person in his evidence has tenderedaffidavit Ex. CW1/A and documents Ex. C-1 to Ex. C-7 but thereafter failed to conclude his evidence despite availing several opportunities. Hence the evidence of complainant was closed by the order dated 21.04.2023 of this Commission. On the other hand, learned counsel for the opposite party in his evidencehas tendered affidavits Ex. RW1/A & Ex. RW2/A, documents Ex.R-1 to Ex. R-7 and closed the same on 07.05.2024.
4. We have heard the arguments of learned counsel for the parties, perused the documents placed on record and have gone through material aspects of the case very carefully.
5. In the present case, claim of the complainant has been denied by the opposite party vide its letter dated 08.07.2021 placed on record as Ex.R7 on the ground that the vehicle met with an accident on some other place but the complainant has not provided proper and correct information to the insurance company. It has been further submitted that the cause of accident described by the complainant does not match with the damages that have occurred in the vehicle. We have perused the documents placed on record by the opposite party. No technical evidence/report has been placed on record that the accident occurred on some other place or that the cause of accident described by the insured does not match with the actual damagesobserved in the insured vehicle. Moreover it has not been alleged by the respondent that these damages are self implicated. As per our opinion, the damages occurred in the vehicle in question in the accident, so the complainant is entitled for the claim as per terms and conditions of the policy. As per report of surveyor placed on record as Ex.R6, the surveyor has assessed the loss amounting to Rs.70600/- but the complainant has demanded an amount of Rs.57510/- as spent by him on the repair of his vehicle. Hence he is entitled for the amount of Rs.57510/-.
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.57510/-(Rupees fifty seven thousand five hundred and ten only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 19.08.2021 till its realization and shall also pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
8. 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:
03.12.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
