Mohali, January 22
The Mohali District Consumer Disputes Redressal Forum has directed Bajaj Allianz General Insurance Company Ltd to reimburse a resident of Sector 70 here for loss/damage to his car to the tune of Rs 79,207 with interest, thereon, for the relevant period and also the costs of litigation.
Balbir Singh had in a complaint under Section 12 of the Consumer Protection Act, 1986, said he had got his Skoda-Octavia (Rider), model 2005, insured with the company. The car came in contact with water on September 2, 2010, while being driven on the road dividing Sectors 70 and 71, Mohali. As a result thereof, the engine of the car broke down.
The matter was reported to the company and on its instructions the car was brought to the workshop of Krishna Auto Sales, Chandigarh. After that, the company sent a surveyor, Saravjeet Singh, to the workshop. On his instructions, engineers and mechanics of the workshop opened the engine and removed the damaged parts with a view to assessing the loss.
After that, the surveyor prepared his survey report and submitted it to the company. On the instructions of the surveyor, the workshop repaired the engine of the car and made the same in a proper running condition. The workshop prepared a bill of repair charges totalling Rs 96,520.
On the directions of the surveyor, the complainant paid the repair charges from his pocket. The surveyor gave an assurance that Rs 96,520 would be reimbursed to him by the company. Instead of reimbursing the same, the company settled the claim for Rs 17,313 only and denying the claim to the remaining amount on the ground that “internal parts inside the engine body cannot be damaged merely by coming in contact with water” and that as per the policy terms and conditions, the loss was not covered by the policy. Condition No.2 (a) says “consequential loss, depreciation, wear and tear, mechanical or electrical breakdown, failures or breakages” is not covered. The complainant said he was entitled to the reimbursement of the remaining amount as well.
The complainant alleged deficiency in service on the part of the company and sought directions to its representatives concerned in the case to pay him the remaining charges of loss/damage to the tune of Rs 79,207 with interest thereon, compensation for harassment and agony and litigation expenses.
However, the company branch office concerned and the claim department stood by their letters reiterating that the remaining amount of Rs 79,207 could not be reimbursed to the complainant on account of Condition 2 (a) of the terms and conditions. They also pleaded that their surveyor assessed the loss to the tune of Rs 17,313 only and they had paid this amount to the complainant. Denying any deficiency in service, they sought the dismissal of the complaint.
After careful consideration of the arguments and evidence, the forum bench, comprising BS Mehandiratta, president, Dr SS Dhaliwal, member, and HK Ghuman, member, allowed the complaint and directed the company on January 16 to reimburse to the complainant the remaining amount of loss/damage to the car to the tune of Rs 79,207 with interest thereon at the rate of 9 per cent per annum with effect from December 3, 2010 (the date on which they paid the amount of Rs 17,313) till the date of actual payment. They were also directed to pay to the complainant the costs of litigation totalling Rs 3,000.
