Delhi

New Delhi

CC/1090/2011

Laxman Singh - Complainant(s)

Versus

M/S. Ram General Insurance Company Ltd. - Opp.Party(s)

28 Feb 2022

ORDER

 

 

                                   CONSUMER DISPUTES REDRESSAL COMMISSION-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 1090/2011                                                           Dated:

In the matter of:

LAXMAN SINGH

S/o Sh.Kartar Singh

R/O. Village Kutub Garh

Bawana, Delhi.                                                                        ....COMPLAINANT

VERSUS

SRI RAM GENERAL INSURANCE

101046-506, Pragati Deep Building,

Laxmi Nagar, Distt. Centre,

DELHI-110092                                                                         .....OPPOSITE PARTY

 

 

Quorum:

            Ms. PoonamChaudhry, President

            Shri.Bariq Ahmad, Member

            Ms. Adarsh Nain, Member

                                                                                                Dated of Institution :16.11.2011

                                                                                                Date of Order           : 28.02.2022

O R D E R

ADARSH NAIN, MEMBER

Hearing through Video Conferencing.

1. The present complaint has been filed against the opposite party (in short OP) under section 12 of Consumer Protection Act, 1986. Briefly stated facts of the complaint are that the complainant purchased a Truck (Open Body) bearing Registration no. HR-55E-2413,Chasis no 396523FTZ213852 Make Tata 2516 and had taken a comprehensive Insurance Policy no. 101046/31/11/001755 for a period w.e.f. 27/06/2010 to mid night 26/06/2011 for insurance value of Rs. 11,00,000/- from the OP Insurance Company.  On 02/03/2011, the complainant was going towards Nangloi and when the vehicle of the complainant reached near Saint Vivekanand School, a DTC School Bus was found standing. While the complainant was overtaking the DTC School Bus, the vehicle of the complainant collided with a truck bearing no. HR-69-0837. It is further stated that as the vehicle of the complainant was insured with the OP Insurance Company, the complainant approached the OP for insurance claim for damages as per Rs. 07,67,124/-, butOP refused to pay. The complainant thereafter filed the claim with the OP/Insurance Company but OP insurance Company refused the insurance claim on 03.09.2011. It is further stated that complainant spent Rs. 07,67,124/- from his own pocket towards the repair of the said vehicle in question. Hence, the complainant filed the present consumer complaint and prayed that the OP be directed to payRs. 07,67,124/- for the damages caused in the accident which was covered under the Insurance Company and also prayed for a sum of Rs. 1,00,000/- as compensation on account of mental and physical pain, agony, harassment.
2. After notice, as none had appeared on behalf of OP, the OP was  proceeded ex-parte vide order dated 27/02/2012. The  complainant filed his ex parte evidence by way of affidavit wherein he has corroborated the contents of the complaint. The complainant has relied on copies of Insurance Policy, Performa Invoice for a sum of Rs. 07,67,124/- and Repudiation letter by OP dated 03.09.2011. The complainant has also relied on Final cum Survey Reinspection Report in support of his claim.
3. We have heard the arguments advanced at the bar and  perused the record of the case.From the unrebutted averments and evidences placed on record by the complainant, it is proved that complainant’s vehicle met with an accident and suffered damages on account of accident. It is also proved that the OP/Insurance Company refused the insurance claim filed by the complainant vide letter 03.09.2011 and committed deficiency of services.However, complainant has failed to prove his contention that he incurred a sum of Rs. 07,67,124/- towards the repair of the said vehicle. The complainant has relied upon the Performa invoice in support of his contention.On perusal of the Performa Invoice, it is revealed that it  has not been duly stamped and signed which makes the document unworthy of consideration. Further, the complainant has failed to file any proof of actual payment made by him towards repairs of the vehicle as contended by him, hence the said contention is liable to be rejected outrightly.
4. We further perused the Final Survey cum re-inspection report filed by the complainant in support of his claim. The  Final Survey cum Re-inspection Report placed on record shows that the surveyor conducted the final survey and re-inspection and assessed the loss to the tune of  Rs.3,83,596/-and recommended the claim under terms and conditions of the policy, after deducting the policy excess of Rs.1500/- and salvage value of Rs.65000/-.
5. In view of the unrebutted testimony of the complainant regarding  deficiency of services, we are of the considered view that OP insurance company has committed deficiency of services by not considering the claim of the complainant while the complainant was entitled to Rs.3,83,596/-, as recommended by the surveyor.
6. Thus, we hold that OP insurance company is guilty of deficiency of services, and direct as under:-.

i).OP is directed to pay to the complainant a sum of Rs.3,83,596/- alongwith 6% simple interest P.A. from the date of filing of the claim  till realization.

ii).OP will pay Rs.10,000/- to the complainant towards the cost of litigation.

The Order shall be complied within 30 days from the date of the receipt of this order. In case of delay of payment, OP is liable to pay interest @ 9% simple interest p.a.for the delayed period.

A Copy of this Order be supplied to all the parties free of cost. The order be uploaded on the website of this Commission.

 

File be consigned to record room alongwith a copy of order.

 

 

 

(POONAM CHAUDHRY)

President

 

        (BARIQ AHMAD)                                                                                   (ADARSH NAIN)      

            Member                                                                                                        Member