NEW INDIA ASSURANCE CO LTD Vs. BALDEV SINGH

JUDGEMENT

(1.) MEMBERTHIS is an appeal filed by the OP, received by transfer from Punjab State Consumer Disputes Redressal Commission under the orders of Hon'ble National Commission against order dated 11.12.2002 passed by District Consumer Disputes Redressal Forum, Patiala (for short hereinafter to be referred as District Forum) passed in complaint case No. 183 of 1.4.1999.

(2.) BRIEFLY stated the facts of the case are that the complainant got his Tata Sumo bearing No. HR -01 -E -7023 insured with OP i.e. New India Assurance Company for a sum of Rs. 3,40,000 for the period from 13.6.1998 to 12.6.1999. On 28.8.1998 the vehicle met with an accident and D.D.R bearing No. 7 dated 28.8.1998 was lodged with Police Station, Bahadurgarhby the driver of the vehicle. It was submitted that intimation regarding the accident was given to the OP and Surveyor was appointed by the OP to assess the loss. The complainant had spent Rs. 90,000 on the repair of the vehicle. It was further submitted that despite his repeated visits to the office of OP for the settlement of the claim, it was put off on one pretext or the other and ultimately letter dated 10.2.1999 the OP repudiated the claim of the complainant on the ground that the driver was not having a valid driving licence. The above said act of OP amounts to deficiency in service. Hence the complaint was filed.

(3.) REPLY was filed by OP and admitted the issuance of the policy, factum of accident, appointment of Surveyor and report by them about the loss being to the extent of Rs. 50,587 less salvage of Rs. 1,000. It was submitted that the insured had disclosed in claim form and also to spot Surveyor Sh. I.S. Bindra that the vehicle was being driven by Sukhwinder Singh son of Baldev Singh having driving licence No. 25230 valid from 17.7.1991 tp 26.4.2010 issued by DTO, Patiala valid for scooter/car only. The driving licence of Sukhwinder Singh was got verified from DTO, Patiala through Sh. B.B. Gupta who found that the driving licence of Sukhwinder Singh was only valid for scooter and then the insured submitted a driving licence of Avtar Singh who was also got verified by the Insurance Company from DTO, Fatehgarh Sahib and found that the driving licence of Avtar Singh renewedby that authority but the original driving licence was issued from Licensing Authority, Solan. The Insurance Company got verified his driving licence from Licensing Authority, Solan and the same was found to be fake and the driving licence had not issued by the Licensing Authority, Solan. It was further submitted that Insurance Company got investigated the case through Chowdhary Detectives who produced DDR No. 7, Police Post, Bahadurgarh and found that the vehicle was being driven by Avtar Singh and not by Sukhwinder Singh. It was submitted that the insured had played a hide and seek with the Insurance Company and tried to play a fraud with the Insurance Company and thus violated the terms and conditions of the policy. All other allegations levelled by the complainant in the complaint were denied and prayed that the complaint may kindly be dismissed.