DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 499/2018
D.No.________________ Dated: ___________________
IN THE MATTER OF:
SUMIT SINGHAL,
S/o SH. VIJAY KUMAR,
R/o A-4/20, 2ndFLOOR, SECTOR-16,
ROHINI, DELHI-110089. … COMPLAINANT
Versus
1. KOTAK MAHINDRA GEN. INS. CO. LTD.,
THROUGH ITS BRANCH MANAGER,
H-78, 7TH FLOOR, 23, HIMALAYA HOUSE,
KASTURBA GANDHI MARG, NEW DELHI-110001.
2. HEMKUND HYUNDAI,
THROUGH THE MANAGER,
B-99, WAZIRPUR INDUSTRIAL AREA,
NEW DELHI-110052.
ALSO AT: HEMKUND HYUNDAI,
THROUGH ITS MANAGER,
B-72/4, WAZIRPUR INDL. AREA,
NEW DELHI-110052.… OPPOSITE PARTY (ies)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 23.07.2018
Date of decision:22.06.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPs under section 12 of the Consumer Protection Act, 1986 thereby alleging
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that the complainant purchased a vehicle/car i.e. Hyundai-Magna VTVT, i20 bearing registration no. DL-8CAL-9225 and the said vehicle was insured with the OP-1 bearing Policy No. 1025152300 for the period from 11.02.2018 to 10.02.2019 (mid night) and the IDV of Rs.4,85,000/-. On 20.02.2018, the complainant and his family members went to Uklana (Haryana) from Rohini, Delhi to attend relative’s marriage and after attending the dinner at marriage ceremony (intervening night of 20.02.2018 and 21.02.2018) the complainant and some family members decided to come back to home Rohini, Delhi and while returning to home, the complainant’s brother Sh. Manish Kumar was driving the car and a car hit the complainant’s car from back side and the complainant’s car lost the balance and due to which the car was going towards the divider at right side and suddenly the complainant’s brother took left due to which car got flicked and trailed on road and the car was completely damaged in the said accident. The complainant further alleged that the brother of the complainant got some minor scratches on head and all mirrors were broken and the car was stopped with two tyres/doors upwards sideward and a car passing through helped the complainant and his brother to come out from the car as doors were not able to open and the car was then pushed to its right position. The complainant further alleged that the complainant informed the said incident to his family members and in a few time, the relatives who have come in the marriage
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ceremony came to the accident place and the car was then towed to Delhi. In the morning of 21.02.2018, the complainant’s relative expired and the complainant and his family members were busy in that and not get time to go to workshop to file the claim and after completing all the acts that need to be done after death, the complainant went to workshop to file the claim and then the officers of the workshop/surveyor told the complainant they cannot state the reason why claim was filed late and so they would be changing the date of accident to 26.02.2018, so there should not be enough gap in filing the claim. The complainant further alleged that the said car met with an accident in the night of 21.02.2018 and towed to workshop of OP-2 and in this regard the stock register of OP-2 show entry of complainant’s car at serial no. 74 on 21.02.2018 and the officers of OPs have done cutting in their record showing entry of the complainant’s car and then shown a new entry of the said car on 26.02.2018. Thereafter, as per the assurance/guidance of workshop officers/surveyor of OP-1, the complainant left all the things on them and signed many blank papers, affidavit, forms, etc. and the complainant supplied all required documents to OPs and the said car is total loss but OP-1 is not releasing the claim and in this regard, the complainant approached OP-1 several times but there is no proper response given by them and on 13.06.2018, OP-1 gave a repudiation letter to the complainant and due to the said act
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of OPs the complainant has suffered mental agony and harassment and there is deficiency in service & unfair trade practice on the part of OP-1.
2. On these allegations the complainant has filed the complaint praying for direction to OP-1 to release the total loss claim of Rs.4,85,000/- of the said vehicle alongwith interest @ 18% for delay till its realization as well as compensation of Rs.4,00,000/- for causing mental harassment, agony and financial loss and has also sought Rs.25,000/- towards litigation cost.
3. OPs have been contesting the case and filed their separate written statement. OP-1 in its written statement submitted that vehicle bearing Registration No. DL-8C-AL-9225 was insured with OP-1 Policy/Certificate no. 1025152300 for the period from 11.02.2018 to 10.02.2019 subject to the terms and conditions of the policy and the insurance company appointed a surveyor, Mr. Pradeep Kumar Yadav to survey and assess the loss and the surveyor submitted his report dated 28.05.2018 assessing the loss of Rs.3,23,893/-. OP-1 requested for clarifications from insured vide letter dated 07.06.2018 and OP-1 after due scrutiny of the documents and information submitted by the complainant was constrained to repudiate the claim vide letter dated 13.06.2018. OP-1 further submitted that the case is not maintainable and is liable to be dismissed.
4. OP-2 in its written statement submitted that the vehicle was
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brought to the workshop of OP-2 on 21.02.2018 but the complainant came to OP-2 with the relevant documents on 27.02.2018 and thereafter OP-2 raised the job card dated 27.02.2018 and prepared the estimate of repairing the vehicle after seeing the external damage to the vehicle and intimated to OP-1 and accordingly, the surveyor of OP-1 Mr. Rohit conducted the survey report of the said vehicle but neither complainant nor the surveyor approved the repair job to be carried out on the vehicle and the correspondence regarding the compensation was between the complainant and OP-1 and OP-2 is not involved in respect of the compensation claimed by the complainant. OP-2 further submitted that OP-2 commences the repairing job only after approval either by the surveyor of OP-1 or half of the estimatedamount is deposited by the complainant and in want of the approval, either side the vehicle is pending with OP-2 and occupying the space of OP-2. OP-2 further submitted that after failing to get approval, sent the letters dated 12.07.2018 & 08.08.2018 to the complainant to ask either approval for repair or to remove the vehicle after paying he parking charges. OP-2 further submitted that the complaint is not maintainable and is liable to be dismissed.
5. The complainant filed separate rejoinders and denied the contentions of OP-1 & OP-2.
6. In order to prove his case, the complainant filed his affidavit in
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evidence and also filed written arguments. The complainant also placed on record copy of Certificate-cum-Policy-Schedule issued by OP-1, copy of R.C., copy of Marriage Invitation card, copies of photographs of the said accidental vehicle, copies of photographs showing place of accident, copies of cremation slips dated 22.02.2018 showing name of deceased as Hari Lal Sharma S/o Sh. C.R. Sharma, copy of stock-register of OP-2 showing vehicle entry on 21.02.2018, copy of estimate of repair given by OP-2, copy of claim form and copy of repudiation letter dated 13.06.2018.
7. On the other hand, Sh. Milind Myakal, Assistant Vice President-Legal of OP-1 and Sh. Bipan Kumar Sharma, DGM, HR & Admin. of OP-2 filed their separate affidavits in evidence which are on the basis of their written statements. OP-1 has also filed copy of Certificate-cum-Policy-Schedule alongwith terms & conditions of the policy, copy of letter dated 13.02.2018 sent by OP-1 to the complainant regarding Risk assumption for Kotak Car Secure (Comprehensive Policy), copy of Motor (Final) Survey Report dated 28.05.2018 issued by Pradeep Kumar Yadav, Surveyors & Loss Assessors, copy of Loss Assessment Final Report and copies of letter dated 07.06.2018 & 13.06.2018 sent by OP-1 to the complainant. OPs have also filed written arguments.
8. This forum has considered the case of the parties in the light of evidence of both the parties and documents placed on record by the complainant and OPs. The case of the complainant has remained
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consistent and there is nothing on record to disbelieve the case of the complainant.
9. Referring to the facts of the present case, we are of opinion that OP-1 ought to have released the claim of the complainant to the extent of Rs.3,23,893/- as assessed by the surveyor vide report dated 28.05.2018 who was appointed by the insurance company. Failure on the part of OP-1 to release the said amount to the complainant amounts to deficiency in service. Accordingly, we hold OP-1 guilty of deficiency in service.
10. Accordingly, OP-1 is directed as under:
i) To pay to the complainant an amount of Rs.3,23,893/- being the amount of the loss to the vehicle of the complainant as assessed by the surveyor vide report dated 28.05.2018.
ii) To pay to the complainant an amount of Rs.1,00,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.10,000/- to the complainant as litigation cost.
11. The above amount shall be paid by OP-1 to the complainant within 30 days from the date of receiving of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from
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the date of receiving of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 22ndday of June, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY: SATYENDRA JEET
