Delhi

North East

RBT/CC/209/2022

JATIN GUPTA - Complainant(s)

Versus

ORIENTAL INSURANCE CO.LTD. - Opp.Party(s)

03 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

RBT/Complaint Case No. 209/22

 

 

In the matter of:

 

	Sh. Jatin Gupta R/o -19, Singal Pur Shalimar Bagh, Delhi	Complainant
	Versus
	The Oriental Insurance Co. Ltd. 215, Rama Market, Pitam pura Delhi-34	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:  DATE OF ORDER:

02.06.18 07.12.22 03.03.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

      Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The facts of the case as revealed from the record are that the Complainant in respect of his car purchased a policy from Opposite Party vide policy No. 271901/31/2015/6655 valid from 31.03.15 to 30.03.16 and paid the consideration amount to the Opposite Party for the same. On 05.07.15 the insured vehicle met with accident and was not in road worthy position, than he took it to M/s Royal Automobiles, who prepared an estimate dated 06.07.15. The Complainant gave information to Opposite Party Ins Co. and they appointed a surveyor namely RC Verma. The surveyor took the photographs and approved the estimate and assured Complainant to get the vehicle repaired. The Complainant had spent a sum of Rs. 69,815/- to M/s Royal Automobiles and Global Spares. On 12.03.16 Complainant sent a letter with bills of repaired vehicle and cancelled cheque to settle the claim. The Complainant submitted that he made various phone calls and also visited the office of Opposite Party and requested to settle the claim of Complainant but all in vain. On 14.06.16 surveyor RC Verma filed the surveyor report in insurance company but Opposite Party and surveyor has not provided the surveyor report to the Complainant. The Complainant has filed an RTI to demand surveyor report thereafter on 26.10.17 Opposite Party sent a reply of RTI along with surveyor report to Complainant. On 11.10.17 Opposite Party sent a repudiation letter rejecting the claim of Complainant. The Complainant had made various phone calls and also visited office of Opposite Party many times and requested to settle the claim but Opposite Party did not entertain his request. Hence, this shows deficiency on the part of Opposite Party. He has prayed for Rs. 69,815 on account of cost repair charges with interest @ 24 % p.a. from the date of accident to realization and Rs. 1,00,000/- for mental harassment.
2. None has appeared on behalf of Opposite Party to contest the case despite service. Therefore, it was proceeded against Ex-parte vide order dated 05.09.18.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the Learned Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay the amount in question i.e. Rs. 69,815/- to the complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is further directed to pay Rs. 20,000/- to the complainant on account of mental harassment and litigation charges along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 03.03.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President