First Appeal No. A/71/2017. Case: New India Assurance Co. Ltd. Vs Shakti Kumar. Chhattisgarh State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. A/71/2017 |
| Counsel | For Appellant: R.C. Gupta, Advocate |
| Judges | Jasbir Singh, J. (President), Dev Raj and Padma Pandey, Members |
| Issue | Consumer Law |
| Judgement Date | April 03, 2017 |
| Court | Chhattisgarh State Consumer Disputes Redressal Commission |
Order:
Jasbir Singh, J. (President), (Chandigarh)
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This appeal is barred by limitation as there is delay of 22 days (16 days as per office) in filing the same. The delay being procedural in nature, in view of the contents of application seeking condonation of delay, it was decided to hear the matter on merits.
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Appellant/Opposite Party has filed this appeal against order dated 30.01.2017, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short the Forum only), allowing a complaint bearing No. 292/2015 filed by the respondent/complainant.
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Admittedly the complainant is owner of vehicle bearing Registration No. CH-01-AP-8488. It was insured with the appellant/OP between 20.3.2014 to 19.3.2015. During currency of aforesaid insurance Policy, the car in question met with an accident on 6.11.2014. It was taken to an authorized dealer for repair. Requisite information was sent to the appellant/OP. A surveyor was deputed to assess the loss. The claim filed by the respondent/complainant was not processed in time and he had to pay an amount of Rs. 1,31,000/- to the dealer namely Charisma Goldwheels (P) Ltd. towards repair affected upon the damaged car. Ultimately claim of the complainant was repudiated, on a ground, that when Policy in question was issued, he claimed 'no claim bonus' by concealing a fact that during currency of the previous insurance policy, he got a claim under that Policy from another Insurance Company.
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Upon notice, reply was filed by the Opposite Party/appellant. Issuance of insurance Policy and damage caused to the car was admitted. It was further admitted that the surveyor assessed the loss caused to the tune of Rs. 1,25,641/-. It was further stated that when processing the claim filed by the complainant, it was noticed that against policy for the previous year, complainant had availed some claim from another Insurance Company namely Bharti Axa General Insurance Company Ltd. This fact was not disclosed when declaration was filed and by concealing that fact 'no claim bonus' to the extent of 25% was availed by the complainant. It was specifically stated that wife of the complainant was an insurance agent. She issued the policy and signed the requisite documents of her own. She also took out/issued the Policy for insurance of the car.
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By filing replication, all the facts were controverted.
Both the parties led evidence.
The Forum, on analysis of pleadings, documents on record, and arguments address, allowed the complaint, by granting following relief in favour of the complainant;
[a] Pay Rs. 1,25,641/- (as assessed by the Surveyor as per survey report Annexure R-2) after deducting NCB therefrom.
[b] Pay Rs. 10,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant;
[c] Pay Rs. 7,000/- towards costs of litigation;
Awarded amount was ordered to be paid within a fixed period, failing which, it was to entail penal interest.
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Counsel for the appellant has vehemently contended that virtually fraud has been committed with the insurance Company. The form and declaration to get insurance Policy issued, were signed by wife of the complainant, who was working as an insurance agent with the Insurance Company. It was further said that she of her own, got issued insurance policy, by concealing the fact of getting claim from another insurance company for the previous year...
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