Order by:

Sh.Amrinder Singh Sidhu, President

1.       The complainant  has filed the instant complaint under section 35 of  the Consumer Protection Act, 2019 on the allegations that complainant is owner of  New Truck TATA 4018 with registration no.PB03AY0122. The said truck and the trolley were insured under the Oriental Insurance Company, Zira, while getting insurance it was informed that the policy is cashless and depreciation cap policy and complainant does not need to pay any charges in case the above truck and trolley met with an accident. The said truck met with an accident on 27.10.2018 at Ajitwal and all the repair are done by the Krishna Autos, Moga at the instance of the opposite parties and complainant was informed that he does not pay any charges. Later on complainant was asked by opposite parties to pay whole of the charges/expenses incurred on the repair and the complainant was refused to hand over the truck and trolley after the repair was done. The complainant was pressurized from every angel and then finally the truck and trolley was not handed over to the complainant inspite of repeated requests and then the complainant had made a payment to the opposite parties of Rs.7,30,000/- on 10.12.2018 and Rs.24,000/- on 30.11.2018 by cash for repair of trolley at the instance of opposite parties and Rs.10,000/- in cash for other expense to opposite parties. Hence the total amount paid by the complainant was Rs.7,64,000/-. However complainant was refunded Rs.4,98,500/- only on 26.11.2019 and the remaining amount is still not paid by the opposite parties. The opposite parties were asked many times to admit the claim of the complainant, but they postponed the matter by one way of the other. As such, there is deficiency in service on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to make the payment of claim of Rs.4,23,080/- i.e. Rs.2,55,500/- balance amount and Rs.168080 interest plus interest @ 12 % per annum from the date of filing of complaint till its realization.  

b)      The amount of Rs.1,00,000/- be allowed to be paid by the opposite parties as compensation on account of harassment, mental agony suffered by the complainant.

c)       The amount of Rs.11,000/- as litigation charges to the complainant.

d)      And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice and equity.       

2.       Opposite Parties appeared through counsel and contested the complaint by filing  the written version taking preliminary objections therein inter alia that the complaint is not maintainable. The complainant has got no locus-standi. No deficiency in service has been attributed to the opposite parties. The complaint is absolutely false and frivolous. Complicated questions of law and facts are involved in the present complaint. Moreover lengthy examination-in-chief and cross examination of the parties/witnessed are required to in the complaint. So, the complaint is required to be decided by the Civil Court and as such this Commission has got no jurisdiction to entertain, try and dispose off the complaint. The complainant has not approached to this Commission with clean hands, rather he has wilfully concealed the material and patent facts from this Commission while filing the present complaint which ipso-facto disentitles the complainant to seek any relief against the opposite parties. The real facts of the case are that the alleged accident took place on 27.10.2018 and on receipt of claim intimation Form immediately K.S. Bawa & Co. was appointed the Surveyors for spot Survey, who submitted his report on 5.11.2018. Motor Final Survey Report was submitted by Suresh Vashisiht & Company on 07.01.2019, in which payable claim amount was assessed at Rs.4,98,500/-. After many reminders the insured sent the third party loss affidavit dated 06.08.2019. After approval from the competent authorities letter dated 18.11.2019 was sent to the insured Parveen Kumar and on receipt of the formalities the amount of Rs.4,98,500/- as assessed by the Surveyor was paid to the complainant without any deduction on 26.11.2019. The claim has been settled as per terms and conditions of the insurance policy and as per rules. Further alleged that as per the assessment by the Government approved Surveyor the amount of Rs.4,98,500/- has already been paid and without any deduction. The complainant had accepted the amount of Rs.4,98,500/- as full and final settlement of the claim as is evident from the perusal of Discharge Voucher dated 22.10.2019, Acceptance dated 22.10.2019. Therefore, the complaint is not maintainable. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint was made.

3.       In order to  prove  his  case, the complainant has tendered into evidence  his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C10 and closed his evidence.

4.       On the other hand,  to rebut the evidence of the complainant,  Opposite Parties tendered into evidence affidavit of Sh.Sukhwinder Singh, Senior Divisional Manager, The Oriental Insurance Co. Ltd. Ex.OP1 alongwith copies of documents Ex.OP2 to Ex.OP16 and closed the evidence on behalf of the Opposite Parties.

5.       We have heard the ld.counsel for the parties and gone through the documents placed on record.

6.       During the course of arguments, both the ld.counsel for the Complainant as well as Opposite Parties have mainly reiterated the facts as narrated in the complaint as well as in written reply respectively. The case of the complainant is that he is the owner of  New Truck TATA 4018 with registration no.PB03AY0122. The said truck and the trolley were insured with the opposite parties under cashless policy. The said truck met with an accident on 27.10.2018 at Ajitwal and all the repair are done by the Krishna Autos, Moga at the instance of the opposite parties. Further alleges that despite cashless policy, the complainant has to pay the amount of repair charges i.e. Rs.7,30,000/- on 10.12.2018, Rs.24,000/- on 30.11.2018 for the repair of trolley and Rs.10,000/- for other expenses to Krishna Autos and in this way the complainant paid total amount of Rs.7,64,000/- to said Krishna Autos. Thereafter complainant made various requests to the opposite parties to the pay amount of Rs.7,64,000/- incurred by him on the repair of the truck and trolley, but to no effect. However on 26.11.2019 opposite parties refunded Rs.4,98,500/- only and the remaining amount still not paid by the opposite parties. On the other hand opposite parties has repelled the aforesaid contention of the ld. counsel for the complainant on the ground that alleged accident took place on 27.10.2018 and on receipt of claim intimation Form immediately K.S. Bawa & Co. was appointed the Surveyors for spot Survey, who submitted his report on 5.11.2018. Motor Final Survey Report was submitted by Suresh Vashisiht & Company on 07.01.2019, in which payable claim amount was assessed at Rs.4,98,500/-. After many reminders the insured sent the third party loss affidavit dated 06.08.2019. After approval from the competent authorities letter dated 18.11.2019 was sent to the insured Parveen Kumar and on receipt of the formalities, the amount of Rs.4,98,500/- as assessed by the Surveyor was paid to the complainant without any deduction on 26.11.2019. The claim has been settled as per terms and conditions of the insurance policy and as per rules. As per the assessment by the Government approved Surveyor the amount of Rs.4,98,500/- has already been paid without any deduction. The complainant had accepted the amount of Rs.4,98,500/- as full and final settlement of the claim as is evident from the perusal of Discharge Voucher dated 22.10.2019 and Acceptance dated 22.10.2019. We are not convinced with the contention of opposite parties, as we  do not understand that if first Surveyor i.e. K.S. Bawa & Co. has already appointed to investigate and settle the matter of the complainant then what is the need to appoint another Surveyor i.e. Suresh Vashisiht & company. Moreover in the written statement opposite parties mentioned that on receipt of the formalities the amount of Rs.4,98,500/- as assessed by the Surveyor was paid to the complainant without any deduction on 26.11.2019. However, the perusal of Tax Invoice placed by record by the complainant Ex.C8 clearly shows that bill for an amount of Rs.7,40,008/- was made by Krishna Autos for repair and labours charges. Further from statement of Account Ex.C9, it is evident that complainant made the payment of amount of Rs.7,30,000/- on 27.09.2018 to Krishna Autos. Then how the opposite parties says that they made the payment of Rs.4,98,500/- without any deduction, however complainant made the payment of Rs.7,30,000/-. Moreover, from the perusal of the report of first surveyor shows that in his report he mentioned 24 items which got damaged in accident and in the tax invoice Ex.C8 there is 16 items which was changed/repaired by Krishna Autos. So, we do not agree with the contentions of the opposite parties that they have rightly paid the claim amount to the complainant, which amounts to deficiency in service or unfair trade practice on the part of the insurance company/opposite parties.

7.       Resultantly, we  partly allow the complaint  of the complainant and the Opposite Parties are jointly or severally directed to make the payment of remaining amount i.e. (Rs.7,30,000/- minus Rs.4,98,500/-) i.e. Rs.2,31,500/- (Rupees Two lakh thirty one thousand five hundred only) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 23.10.2020 till its actual realization to complainant. The compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of copy of this order, failing which the Complainants shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

     Reason for delay in deciding the complaint.

8.       This complaint could not be decided within the prescribed period because the government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.

Announced in Open Commission.