Complainant Ashok Kumar has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay compensation of Rs.7451/- alongwith interest @ 18% P.A. from the due date till its realization on account of unfair trade practice/mal practice on the part of New India Assurance Co. i.e. opposite party in this case and further Rs.2 Lac on account of compensation for harassment.

2.        The case of the complainant in brief is that he owns a car Honda Amaze bearing registration No.PB-35-AD-5232, Model No.2018, Engine No.L12B44021920 and Chassis No.MAKDF5S6HJ4005292 purchased from Parkash Honda, Pathankot with R.C. as annexure II and the said vehicle was got insured vide Policy No.3001/HA-100220767/00/000 for the period from 19.8.2018 to 18.8.2019 with a premium of Rs.20,208/-. Further on expiry of the said policy the complainant got the insurance renewed from opposite party no.2 with 20% NCB (NO CLAIM BONUS) benefit as earlier policy was NO CLAIM policy and annexure IV is attached as a proof for the same from opposite party no.4. That on 6.7.2020 car met with an accident near MH Chowk, Pathankot and complainant completed necessary formalities for insurance claim, with opposite party no.2 to get the insurance claim. Opposite party no.2 appointed a surveyor for assessing the loss of the damaged vehicle on asking of opposite  party no.2 the complainant got the damaged vehicle in question repaired from his own pocket and spent a sum of Rs.7451/-, bill is attached as annexure is VI but opposite party no.2 has not made the payment to the complainant so far. Complainant approached opposite party no.1 & 2 regarding the said claim but opposite party no.1 and 2 declined the claim on 17.12.2020, on the ground, that NO CLAIM RECORD of the previous policy was not available with opposite party (annexure  VII and VIII are attached as proof). Further complainant has pleaded that the withheld  amount of Rs.7451/- is mal practice and unfair trade practice which is against rules of the Insurance Company and further sought that opposite party to pay Rs.7451/- alongwith 18% interest from the date of accident till its realization as complainant has suffered monetary loss, mental as well as physical agony due to the negligence of opposite party. A legal notice on 30.12.2020 was served on opposite party and compensation of Rs.2 lac was also demanded  and the same copies of legal notice are as annexure IX, X and XI and Postal receipts annexure XII.

3.        Notice of the complaint was issued to the opposite parties. Opposite parties no.1 to 3 on its part has admitted that the said vehicle No.PB-35-AD-5242 vide policy no.361607311903000000276 was got insured from opposite party no.2 for the period from 19.8.2019 to 18.8.2020 with a premium of Rs.16,244/- which was paid to opposite party no.2 with a benefit of 20%  NCB to the complainant because the earlier insurance policy was No Claim policy Ex. OP-1 to 3/1.  The para no.4 is of complaint is correct to the extent that vehicle No.PB-35-AD-5242 was insured with opposite party no.2 vide policy no.361607311903000000276  for the period from 19.8.2019 to 18.8.2020 and the said vehicle met with an accident on 6.7.2020 near MH Chowk, Pathankot. Opposite party no.1 deputed Indulge insurance surveyor and loss assessor, Patel Nagar, Pathankot for motor surveyor report. The final surveyor report was submitted on 24.7.2020 by assessing net value loss to the vehicle No. No.PB-35-AD-5242 in the name of Mr.Ashok Kumar for Rs.6097/-. Complainant had availed 20% NO Claim Bonus from opposite party no.2 on the basis of previous policy with ICICI Lombard General Insurance Company i.e. opposite party no.4. Thereafter opposite party no.2 sought confirmation regarding previous policy having been issued by ICICI Lombard General Insurance Co. for vehicle in the name of Ashok Kumar and the previous insurer replied on mail that RECORD NOT FOUND.The complainant had availed 20% NO CLAIM BONUS at the time of taking the insurance of vehicle no. No.PB-35-AD-5242  in the name of Ashok Kumar on the  basis of previous insurance with ICICI by giving false declaration so as per Section 1 of policy, the declaration given by complainant is found incorrect so all the benefits under the policy shall stand forfeited. The opposite party vide its letter dated 11.9.2020, 28.9.2020 called upon the complainant to provide the copy of previous insurance within 10 days from the issue of letter, as previous insurer informed that the policy number  is not valid, but complainant did not respond. Thereafter opposite party no.1 disposed of the claim of the complainant as NO CLAIM as the complainant failed to respond to the letters of opposite party no.1. More so because the previous insurer replied on mail as Record Not Found, so as per terms of the insurance policy opposite party no.1 to 3 are not liable to indemnify any loss accrued to vehicle No.PB-35-AD-5242 in the name of Ashok Kumar. Copy of the surveyor report placed as Ex.OP-1 to 3/2, copy of mail from opposite party

4 is Ex.OP-3/3, copy of the letter dated 11.9.2020 as Ex.OP-3/4, letter dated 28.9.2020 as Ex.OP-3/5 and copy of the letter dated 17.12.2020 Ex.OP-3/6.  

4.      Opposite party no.4 appeared and filed its written statement submitting therein that the vehicle was insured with opposite party no.4/ICICI Lombard General Ins. Co. for a period from 19.8.2018 to 18.8.2019 and no claim had been raised by the complainant during the said period. The opposite party has no link with the present dispute and the dispute is between the complainant and the opposite parties no.1 to 3. The ICICI Lombard Gen. Ins. Co. has been made party wrongly to the present complaint. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

5.      Alongwith the complaint, complainant has filed his own affidavit Ex.C1/A alongwith copies of documents Ex.C-1 to Ex.C-12.

6.     Alongwith the written statement, the opposite party no.1 to 3 filed affidavit of Sh.Charan Dass, Sr. Division Manager Ex.OPW-1 to 3/A alongwith copies of documents Ex.OP-1 to 3/1 to Ex.OP-1 to 3/6.

7.     Alongwith the written statement, the opposite party no.4 filed affidavit of Sh.Nishant Gera, Authorized Signatory Ex.oP4/1/A.

8.      Written arguments not filed on behalf of both the parties.

9.        We have carefully gone through the pleadings of  the counsel for the parties, oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the parties for the purposes of adjudication of the present complaint.

10.      From the facts stated and placed on record by the complainant, it is admitted that Car Honda Amaze bearing registration No.PB-35-AD-5232, Model No.2018, Engine No.L12B44021920 and Chassis No.MAKDF5S6HJ3005292 had a valid policy issued by opposite party no.2 for the period from 19.8.2019 to 18.8.2020 with a premium of Rs.16,244/-. This car of the complainant met with an accident on 6.7.2020 near MH Chowk Pathankot and opposite party no.1 deputed a surveyor to assess the loss on 24.7.2020 and the loss on the said vehicle of the complainant was assessed to the amount of Rs.6097/-. Complainant approached opposite party no.1 and 2 to get the claim for the vehicle but was denied the same by opposite parties no.1 and 2 on the grounds that the record regarding NO CLAIM issued by previous insurer i.e. ICICI Lombard General Insurance was not available with opposite parties no.1 and 2. Though this no claim letter was issued by opposite party no.4 in favour of complainant Ashok Kumar for the vehicle Honda Amaze bearing registration No.PB-35-AD-5232 which formed the basis of giving 20% NO CLAIM BENEFIT by opposite party no.1 and 2 to complainant. Denial of claim on the ground that previous insurer has not confirmed the said letter again after a lapse of over ten months is not a valid reason to deny the claim of the complainant.

11.       In view of the facts and circumstances of the case, the complaint is partly allow and opposite party no.1 and 2 are directed to pay the genuine claim of the complainant amounting to Rs.7451/- alongwith 6% p.a. interest from the date of institution of this claim till its realization. Opposite party no.1 and 2 are further directed to make payment of Rs.10,000/- on account of

harassment and litigation expenses. Compliance of the order be made within 45 days from the date of receipt of copy of order.

12.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                               

                                                                              (Naveen Puri)

                                                                                 President   

Announced:                                                            (R.S.Sukhija)

October 12, 2022                                                         Member

*MK*