DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/358/2020

Date of Institution : 20.11.2020

Date of Decision : 10.02.2022

1. Binder Kaur wife of Sukhdev Singh (Mother of Simanjit Singh);

2. Satbir Kaur wife of Simanjit Singh son of Sukhdev Singh;

3. Khushpreet Kaur minor daughter of Simanjit Singh through her real mother and next friend Satbir Kaur wife of Simanjit Singh son of Sukhdev Singh residents of Navi Basti, Near Jhal Wala Pull, Dhanaula, District Barnala. 

                           …Complainants

Versus

1. M/s Maruti Insurance Broking Pvt. Ltd., 1, Nelson Mandela Road, Vasant Kunj, New Delhi-110070 through its M.D. 

2. M/s Universl Sompo General Insurance Co. Ltd., Office No. 103, First Floor, Ackruti Star, MIDC Central Road, Andheri (East) Mumbai-400093, Maharashtra, Telephone No. 022-41659800; 022-41659900 through its M.D. 

3. M/s Max Autos, Mansa Road, Handiaya Chowk, Barnala-148101 through its Authorized Person.  

           …Opposite Parties

Complaint Under Section 12 of Consumer Protection Act, 1986.

Present: Sh. D.S. Dhaliwal Advocate counsel for complainant.

Opposite party No. 1 & 2 exparte.

Sh. Puneet Pabby Advocate counsel for opposite party No. 3.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member

3.Navdeep Kumar Garg : Member

 

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The complainant Binder Kaur has filed the present complaint under Section 12 of the Consumer Protection Act 1986 against Maruti Insurance Broking Pvt. Ltd., and others (in short the opposite parties). 

2. The facts leading to the present complaint are that the complainant No. 1 is (mother of Simanjit Kaur since deceased) and Satbir Kaur complainant No. 2 is widow of Simanjit Singh and Khushpreet Kaur is minor daughter of Simanjit Singh. They are legal heirs of Simanjit Singh deceased. It is alleged that Simanjit Singh was owner in possession of Maruti Alto 800 LXI BS Car bearing registration No. PB-19N-5532 and the same was got insured by the opposite party No. 3 being authorized agent of opposite party No. 1 & 2 vide insurance policy No. 2311/56133126/00/000 which was valid from 12 May 2016 to 11 May 2017. He had paid premium of Rs. 14,064/-. It is further alleged that Simanjit Singh died in a road accident on 7.5.2017 at Dhanaula and the matter was reported to opposite party No. 3 and the vehicle was taken to its workshop. Now the vehicle in possession of complainants. The claim was lodged and paper formalities were completed. The employees of opposite party No. 3 had assured that the claim of total damaged car and claim regarding personal accident insurance amount of Rs. 2,00,000/- will be paid in due course, but all in vain. Sh. Sukhdev Singh father of the deceased Simanjit Singh visited the office of opposite party No. 3 many times and requested to pay the claim, but the opposite party No. 3 lingered on the mater on one pretext or the other. It is further alleged that earlier a complaint No. 158/2017 dated 13.11.2017 filed before the then Forum (now Commission) and the same was dismissed as withdrawn on 25.6.2019. In view of the statement of Ld. Counsel for opposite parties the demanded documents were handed over in the Court Room. When the opposite party did not settle the claim, the complainant served a legal notice dated 19.9.2019 and the opposite party replied to the above said notice by demanding some documents. The complainants sent rejoinder but the opposite party did not settle the claim. The said act of the opposite parties is deficiency in service. Hence, the present complaint is filed seeking the following reliefs.-

i) The opposite parties may be directed to pay the total damage car claim amount to the tune of Rs. 3,05,000.00.  

ii) To pay Rs. 2,00,000/- on account of personal accident claim of owner. 

iii) To pay interest from 7.5.2017 to 6.2.2020 @ 12% per annum to the tune of Rs. 1,66,650/-.

iv) To pay Rs. 50,000/- & Rs. 10,000/- on account of compensation & litigation expenses.  

3. The opposite party No. 1 & 2 are proceeded against exparte due to non appearance vide orders dated 18.1.2021 and 8.3.2021 of this Commission. 

4. The opposite party No. 3 filed separate written version. It is admitted that Simanjit Singh was owner in possession of Maruti Alto 800 LXI BS Car bearing registration No. PB-19N-5532 and the same was got insured by the opposite party No. 3 being authorized agent of opposite party No. 1 & 2 vide insurance policy No. 2311/56133126/00/000 and the same was valid from 12 May 2016 to 11 May 2017. It is further admitted that deceased Simanjit Singh had paid premium of Rs. 14,064/- and he died in a road accident on 7.5.2017 at Dhanaula and the matter was reported to opposite party No. 3 and the vehicle was taken to its workshop. The claim was lodged and paper formalities were completed. It is further submitted that there is dispute between the complainants and opposite party No. 2 i.e. M/s Universal Sompo General Insurance Company Limited regarding the claim and the there is no dispute between the complainants and the answering opposite party. It is further submitted that the complainants with malafide intention have added the opposite party No. 3 in the present complaint. All other allegations of the complaint are denied and prayed for the dismissal of complaint. 

5. The complainants in support of their complaint tendered into evidence affidavit of Binder Kaur Ex.C-1, copy of policy Ex.C-2, copy of RC Ex.C-3, copy of Driving Licence Ex.C-4, copy of General Diary Details Ex.C-5, copy of Postmortem Report Ex.C-6, copy of death certificate Ex.C-7, copy of order dated 25.6.2019 Ex.C-8, copy of legal notice dated 19.9.2019 Ex.C-9, copy of reply of legal notice Ex.C-10, rejoinder of reply Ex.C-11, postal receipt Ex.C-12, copy of complaint No. 158/2017 Ex.C-13, copy of reply of O.P No. 1 Ex.C-14, copy of reply of opposite party No. 2 Ex.C-15, copy of reply of O.P No. 3 Ex.C-16, copy of Survey report Ex.C-17, copy of order dated 18.5.2018 Ex.C-18, copy of statement dated 10.6.2019 Ex.C-19, copy of statement dated 25.6.2019 Ex.C-20, copy of statement dated 10.6.2019 Ex.C-21, copy of order dated 25.6.2019 Ex.C-22, copy of GDR No. 017 Ex.C-23, copy of statement of Jarnail Singh ASI dated 9.5.2017 Ex.C-24 and closed the evidence.  

6. In order to rebut the case of complainant, the opposite party No. 3 tendered into evidence affidavit of Paramjit Singh Ex.O.P3/1 and closed the evidence. 

7. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments filed by the complainants.

8. The complainants have produced the insurance policy Ex.C-2 vide which the vehicle bearing registration No. PB-19N-5535 was insured for the period of 12.5.2016 to 11.5.2017. The complainants also produced the General Diary Details of Police Station, Dhanaula Ex.C-5 to prove the accident and Ex.C-6 is the postmortem report of Simanjit Singh. It is cleared from Ex.C-5 insurance policy that the vehicle was insured for an amount of Rs. 3,10,363/- and compulsory PA Cover Premium was also paid by the deceased Simanjit Singh. The death certificate is Ex.C-7. The complainants filed earlier one complaint No. 158/2017 before this Commission and the same was dismissed as withdrawn. The Ld. Counsel for opposite party No. 2 i.e. Universal Sompo General Insurance Company Limited made a statement in complaint No. 158/2017 that I have received all the documents for handing over to the opposite party No. 2 to settle the claim of the complainants. In view of the statement made by the Ld. Counsel for opposite party No. 2, the complainant withdraw that complaint. This Commission passed the order dated 25.6.2019 in complaint No. 158/2017 that in view of the statement of Ld. Counsel for opposite party  No. 2, the present complaint is disposed of with the direction to the opposite party No. 2 to settle the claim of the complainants within 30 days from the date of receipt if the copy of the order. However, if the complainant is not satisfy with the claim settlement by the opposite party No. 2 then he is at liberty to file a fresh complaint, if he desires so. The complainants produced the said order Ex.C-8. Despite the above said order the opposite parties No. 1 & 2 not settle the claim of complainant within prescribed period. The complainants sent legal notice through his counsel to comply the orders dated 25.6.2019 passed in complaint No. 158/2017 which is Ex.C-9. In reply to the said legal notice the opposite parties No. 1 & 2 again demanded several documents. All the documents demanded by the opposite parties No. 1 & 2 were handed over to the opposite parties No. 1 & 2 in the complaint No. 158/2017. The complainants had also filed the rejoinder to the reply of the legal notice, but till today the opposite parties have not decided the claim of the complainants. The complainants has produced the Surveyor Report Ex.C-17, which was produced by the opposite parties in the earlier complaint No. 158/2017 vide which it confirmed by the Surveyor that the loss of vehicle was more than its IDV value, therefore, it is proved on the file that the vehicle in question bearing No. PB-19N-5535 is fully damaged and total loss. It is evident from the insurance policy Ex.C-2 that Simanjit Singh owner of the vehicle was also covered for an amount of Rs. 2,00,000/-. 

9. The opposite parties No. 1 & 2 have preferred to remain exparte. The opposite party No. 3 has filed separate written version and denied its liability as the vehicle was insured with the opposite parties No. 1 & 2. Therefore, the complaint is dismissed qua the opposite party No. 3. 

10. In view of the above discussion, the present complaint is partly allowed against the opposite parties No. 1 & 2 and the opposite parties No. 1 & 2 are directed to pay an amount of Rs. 3,05,000/- on account of total damaged Car as total loss and Rs. 2,00,000/- on account of personal accident claim of owner for death of owner Simanjit Singh alongwith interest @ 7% per annum from the date of accident i.e. 7.5.2017 till its actual realization. The opposite parties No. 1 & 2 further directed to pay Rs. 20,000/- as compensation on account of mental agony and harassment to the complainants and Rs. 7,500/- as litigation expenses. The opposite parties No. 1 & 2 are directed to pay the above mentioned amount to the complainants in equal share and the share of minor complainant No. 3 i.e. Khushpreet Kaur daughter of Simanjit Singh shall be deposited in the shape of FDR till she attained the age of majority and when she attained the age of majority she can withdraw the amount. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to the records after its due compliance.  

ANNOUNCED IN THE OPEN COMMISSION:

        10th Day of February, 2022

 

 

            (Ashish Kumar Grover)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member