Punjab

Nawanshahr

CC/48/2019

Bhargab Bhattacharjee - Complainant(s)

Versus

United India Insurance - Opp.Party(s)

In Person

11 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES   REDRESSAL FORUM, SHAHEED BHAGAT SINGH NAGAR

 

Consumer Complaint No.   48 of 22.05.2019

             Date of Decision            :  11.09.2019

 

Bhargab Bhattacharjee s/o Bhaskar Bhattarcharjee, resident of Panjab & Sind Bank Bigbara Kicha Road, Rudrapur, Uttrakhand, now at House No.B-6/463, Street No.3, Friends Colony, Nawanshahr 144514, Tehsil Nawanhahr, District Shahid Bhagat Singh Nagar.

 

….. Complainant

Versus

 

1.       United India Insurance Co. Ltd. Divisional Office, Bareilly 35-11, B/B Rampur Garden, Bareilly (U.P) through its General Manager.

2.       United India Insurance Co. Ltd Divisional Office, Jalandhar Road, Hoshiarpur, District Hoshiarpur, Punjab-146001 through its General Manager.

3.       United India Insurance Company Ltd. Head Office, 24 Whiter Road, Chennai-600014 through its General Manager

4.       United India Insurance Co. Ltd., Banga Road, Nawanshahr through its Manager.

 

…Opposite parties

 

(Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.KANWALJEET SINGH, MEMBER.

COUNSEL FOR THE PARTIES:

 

For complainant            :         Complainant in person.

For OPs no.1 to 3          :         Sh. P.K Dhir, Advocate

 

Per KULJIT SINGH, PRESIDENT

 

1.                 The present complaint has been filed by complainant under Section 12 of the Consumer Protection Act, 1986 against OPs on the averments that he is owner of a Motor Car Toyota Etios Liva  G bearing R.C No. UK-06-AK-2481 of Model 2016, which is insured from OPs through its Divisional Office, Bareilly 35-11, B/B Rampur Garden Bareilly (U.P) bearing policy no.0805843118P102518427 dated 25.05.2018 against premium of Rs.12,604/-, which is valid up to 24.05.2019 with insured declared value of Rs.457143/- only.  The above said vehicle damaged in an accident on dated 20.12.2018 at near Village Langroya District SBS Nagar so it was repair form ANR Motors Pvt. Ltd and he paid Rs.2,62,046/- as repaired expenses of the said vehicle to agency.  A claim of Rs.2,62,046/- was submitted with OPs on 08.02.2019 and same was duly proceeded by surveyor Mr. Vikas Tarikha and as per his advice the same has been submitted with OPs but his claim was not settled by OPs. Therefore, he has filed the present complaint and prayed that the OPs be directed to pay the claim of vehicle against said policy and also pay Rs.50,000/- as compensation for mental tension and harassment.

2.                 Upon notice, OPs appeared and filed written reply and contested the complaint of the complainant. It was averred that complaint is not maintainable. The complainant has no cause of action to file the complaint and this Forum has no jurisdiction to file the complaint against OPs. On merits, it was averred that approved payment by OPs has been transferred in the bank account of the complainant  as per rules. Moreover, the claim of the complainant was never repudiated by OPs. It was denied that OP no.1 approved the claim of the complainant and amount in the bank account of the complainant has transferred by NEFT. Rest of the averments of the complainant were denied by OPs and they prayed for dismissal of the complaint.

3.                 The complainant has tendered in evidence his self declaration as Ex.CW-1 along with copies of documents Ex.C-1 to Ex.C-8 and closed the evidence. As against it; OPs tendered in evidence affidavit of  Pratibhal Palial as surveyor of OPs as Ex.OP-A  along with copy of document as Ex.OP-1 and closed the evidence.

4.                 We have heard learned counsel for the parties and have also examined the record of the case very minutely.

5.                The complainant has deposed in his deposition by way of his self declaration as Ex.CW-1 on the record. He deposed that  he is owner of above said Toyota Etios Liva G car bearing R.C No. UK-06-AK-2481 of Model 2016, which is insured from OPs. The said vehicle was heavily damaged in an accident on 20.12.2018 near Village Langroya so it was repaired from ANR Motors Pvt. Ltd for payment of Rs.2,62,046/- as repair expenses. But OPs did not care for the genuine request of the complainant to pass the claim of the complainant.  Ex.C-1 is copy of Aadhar card of the complainant. Ex.C-2 is copy of certificate of registration. Ex.C-3 is terms and conditions of the insurance policy. Ex.C-4 is repair bill for payment Rs.2,62,046.00, which has been paid by complainant for repair of the above said vehicle. Ex.C-5 is letter addressed to OPs by complainant for claim against the private car. Ex.C-6 to Ex.C-8 receipts of different numbers and different dates.

6.                 To counter this evidence of the complainant, OPs relied upon affidavit of Pratibhal Palial surveyor of OPs as Ex.OP-A on the record. He denied any deficiency in service on the part of OPs. Ex.OP-1 is final survey report dated 04.03.2019 on the record. In which surveyor assessed the net assessment of Rs.181500/- .

7.                 From perusal of entire record of the case and hearing respective pleadings of the parties, it is an forceful aspect that the complainant insured his vehicle from OPs with insured declared value of the vehicle as Rs.457143/- only.  Unfortunately, the above said vehicle met with an accident on 20.12.2018 so it was repaired from ANR Motors Pvt. Village Langroya District SBS Nagar. This fact was admitted by OPs themselves. After the occurrence of above accident, the complainant submitted claim of Rs.2,62,046/- with OPs on 08.02.2019 and same was duly proceeded by surveyor Mr. Vikas Tarikha and as per his advice the same has been submitted with OPs but OPs have paid anything to him till date. On the other hand, OPs they appointed surveyor, who submitted his report vide Ex.OP-1 on the record, in which he assessed the amount of Rs.1,81,500/- . OPs stated that the amount of Rs.1,81,500/- transferred in the bank account of complainant. They denied any deficiency in service on their part.

8.                 The first point for controversy involved in this case is that this Forum has no jurisdiction to try and decide the case as no cause of action accrued to complainant to file the complaint. It is an established fact that the accident took place at Village Langroya District Shahid Bhagat Singh Nagar (Nawanshahr). The accident occurred in the District of SBS Nagar and repaired of this vehicle was also done from M/s ANR Motors Pvt. Ltd, which is also situated at Nawanshahr and claim was also lodged from District Nawanshahr when the vehicle was given from repair to M/s ANR Motors Pvt. Ltd Nawanshahr. Hence this Forum has jurisdiction to entertain try and decide the present complaint and we reject this submission of OPs that this Forum has no jurisdiction to entertain, try and decide the present complaint.

9.                 OPs deputed surveyor to assess the loss of the accidental vehicle at their own costs. He assessed the loss of Rs.1,81,500/-. OPs will not entitle to deduct any depreciation amount as per terms and conditions of the insurance policy Ex.C-3 on the record. The estimated loss of the vehicle as Rs.2,58,822.04 but OPs assessed the loss of the vehicle as Rs.1,81,500/- .As per terms and conditions of the policy Ex.C-3 OPs cannot deduct any amount as excess and no depreciation can be deducted from the actual amount.

10.              Keeping in view of the entirety of the case, we are of the opinion that we allow the complaint of the complainant and OPs are directed to pay genuine loss to complainant as per actual bill submitted by the complainant with OPs.  The complainant is further entitled to Rs.3,000/- as compensation for mental harassment and Rs.1000/- as costs of litigation.

11.              The compliance of the order be made within a period of one month from receipt of certified of this order.

12.              File be indexed and consigned to record room.

13.               Let copies of the order be sent to the parties, as permissible, under the rules.

 

Dated:11.09.2019        

` (Kanwaljeet Singh)              (Kuljit Singh)

                                   Member                                President