State Consumer Disputes Redressal Commission
Nic vs Angrej Singh on 29 October, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
SCO NOS.3009-12, SECTOR 22-D, CHANDIGARH.
First Appeal No.1489 of 2005
Date of institution: 18.11.2005
Date of decision : 29.10.2010
National Insurance Co. Ltd., having its Regional Office at SCO No.332-334,
Sector 34-A, Chandigarh through Shri R.K.Chawla, Dy. Manager, duly constituted
attorney.
.....Appellants
Versus
1. Angrej Singh s/o S.Balkar Singh r/o V.P.O. Bandala, Tehsil and District
Amritsar.
2. Universal Motors, G.T. Road, P.O. Four Fields, Amritsar.
.....Respondents
First Appeal against the order dated 14.07.2005
passed by the District Consumer Disputes
Redressal Forum, Amritsar.
Before:-
Hon'ble Mr.Justice S.N.Aggarwal, President
Mrs.Amarpreet Sharma, Member
Mr.Baldev Singh Sekhon, Member Present:-
For the appellant : Sh.Paul S. Saini, Advocate with
Sh.Parminder Singh, Advocate
For the respondents : Ex parte
JUSTICE S.N.AGGARWAL, PRESIDENT
Angrej Singh respondent No.1 (in short "the respondent") had purchased new Mahindra Single Cab bearing engine No.28750 and chassis No.21244 for a sum of Rs.3,54,000/- from M/s Universal Motors respondent No.2. It was financed by Canara Bank, Bandala Branch. It was got insured by the respondent from the appellants for the period from 21.07.2003 to 20.7.2004 on the basis of engine number and chassis number through Sh.Maninder Singh, Development Officer of the appellants.
2. It was further pleaded that this vehicle met with an accident on 27.08.2003 at Rajpura-Patiala road. A criminal case was got registered at FIR No.210 dated 27.08.2003 for offences punishable under Sections 279, 429 IPC in First Appeal No.1489 of 2005 2 Police Station Sadar, Rajpura but the vehicle was got repaired by the respondent by spending an amount of Rs.21,171/-. The appellants had repudiated the claim vide letter dated 9.10.2003. Hence, the complaint for recovery of the insurance claim. Compensation, interest and costs were also prayed.
3. The appellants and M.S.Mann, Development Officer (not impleaded in the appeal) filed the joint written statement. It was denied for want of knowledge if the respondent had purchased new Mahindra Single Cab from respondent No.2 for an amount of Rs.3,54,000/- on 21.07.2003 with specific engine number and chassis number or if it was financed by Canara Bank. It was, however, pleaded that the vehicle bearing engine No.29386 and chassis No.22992 was issued in favour of the respondent. However, the vehicle bearing engine No.28750 and chassis No.21244 was not insured by the appellants.
4. It was denied if the said vehicle was got repaired by the respondent by spending an amount of Rs.21,171/- but it was admitted that the insurance claim was repudiated which was legal and valid. Dismissal of the complaint was prayed.
5. Respondent No.2 also filed the written statement. It was admitted that the respondent had purchased new Mahindra Single cab vehicle from respondent No.2 bearing engine No.AB31F28750 and chassis No.MAIRC2ABA31F21244 for a sum of Rs.3,54,000/- on 21.07.2003. It was also admitted that respondent No.2 had told the respondent that the said vehicle was insured. It was, however, denied if respondent No.2 had received a sum of Rs.7087/- from the respondent as premium of insurance either in cash or otherwise. It was denied if there was any deficiency in service on the part of respondent No.2. Dismissal of the complaint was prayed.
6. The respondent filed his affidavit Ex.C1. He also proved documents Ex.C2 to Ex.C12. The respondent also proved copies of the insurance policy as Ex.CA. On the other hand, the appellants filed the affidavit of H.K.Bahl, Senior Divisional Manager of the appellants as Ex.R2. The appellants also proved documents Ex.RW2 to RW4. Respondent No.2 filed the affidavit of Randhir Singh First Appeal No.1489 of 2005 3 Sandhu attorney of respondent No.2 as Ex.R5. They also examined Jaspal Singh, Assistant Account Clerk.
7. After considering the pleadings of the parties and the affidavits/documents produced on the file by them, the learned District Forum accepted the complaint vide impugned order dated 14.07.2005 with costs of Rs.2000/- and the appellants were directed to make the payment of Rs.21,171/- to the respondent with interest @ 6% p.a. The appellants were also directed to correct the engine number and chassis number of the vehicle in the relevant insurance policy. Shri M.S.Mann, Development Officer was also directed to make the payment of Rs.5000/- as compensation to the appellants.
8. Hence, this appeal.
9. The submission of the learned counsel for the appellants was that the respondent had got insured the vehicle with different chassis number and engine number. Therefore, he was not entitled to the insurance claim relating to the vehicle bearing different chassis and engine number. Hence, it was prayed that the appeal be accepted and the impugned judgment dated 14.7.2005 be set aside.
10. Record has been perused. Submissions have been considered.
11. The admitted facts are that the respondent had purchased new Mahindra Single cab vehicle from respondent No.2 on 21.7.2003 for a sum of Rs.3,54,000/- for which sale invoice dated 21.7.2003 has been proved as Ex.C2. The engine number of this vehicle was stated to be AB31F29386 and chassis number was mentioned as MAIRC2ABA31F22992. It was financed by Canara Bank, Bandala Branch and the endorsement was made by this bank on the sale invoice dated 21.7.2003 Ex.C2. It was got insured with the appellants for an amount of Rs.3,36,300/- for the period from 21.7.2003 to 20.7.2004. The engine number was mentioned as 29386 and the chassis number was mentioned as 22992 in the name of Angrej Singh respondent.
First Appeal No.1489 of 2005 4
12. It is also proved by the respondent that this vehicle had met with an accident on 27.8.2003 for which FIR No.210 dated 27.8.2003 was registered in Police Station Sadar, Rajpura (Ex.C6).
13. It was got repaired by the respondent from Universal Motors respondent No.2 on 5.9.2003 by spending an amount of Rs.21,171/- (Ex.C7).
14. The appellants had repudiated the claim vide letter dated October, 2003 (date is not legible) (Ex.C8) on the plea that the engine number and chassis number mentioned in the insurance policy did not tally with the actual engine number and chassis number of the vehicle. The said vehicle was got registered by the respondent at registration No.PB02AG9830 Ex.C10 in which its chassis number is mentioned as MAIRC2ABA31F21244 and the engine number is mentioned as AB31F28750. These numbers are the same which are the original numbers of this vehicle.
15. However, the chassis number and the engine number as given in the sale invoice dated 21.7.2003 (Ex.C2) are mentioned in the insurance policy (Ex.C5). Therefore, if there is a mistake in the engine number of this vehicle purchased by Angrej Singh respondent from respondent No.2, the fault lay either with respondent No.2 who wrongly mentioned the chassis number and engine number in the sale invoice or the fault lay with the appellants for not mentioning the correct chassis number and engine number in the insurance policy cover particularly when they have insured the vehicle in the name of Angrej Singh respondent.
16. The appellants have also failed to prove if the vehicle with chassis number and engine number mentioned in the insurance policy is owned by somebody else or if Angrej Singh is the owner of another vehicle bearing the chassis number and engine number which are mentioned in the insurance policy. Therefore, it is clearly revealed that there was a clerical error in describing the engine number and chassis number in the insurance policy and in the sale invoice and there was no mistake on the part of the respondent. First Appeal No.1489 of 2005 5
17. Keeping in view the discussions held above, we find no merit in the present appeal and the same is dismissed.
18. The appellants had deposited an amount of Rs.15,409/- with this Commission at the time of filing of the appeal on 18.11.2005. This amount of Rs.15,409/- with interest accrued thereon, if any, be remitted by the registry to Angrej Singh respondent by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellants.
19. The interest on the amount of Rs.15,409/- shall stop running with effect from the date the appellants had deposited the same in this Commission. Interest on this amount of Rs.15,409/- shall be what has accrued on this amount when it remained deposited by this Commission in the Bank.
20. Remaining amount shall be paid by the appellants to Angrej Singh respondent immediately.
21. The arguments in this appeal were heard on 20.10.2010 and the order was reserved. Now the order be communicated to the parties.
22. The appeal could not be decided within the statutory period due to heavy pendency of Court cases.
(JUSTICE S.N.AGGARWAL) PRESIDENT (AMARPREET SHARMA) MEMBER (BALDEV SINGH SEKHON) MEMBER October 29, 2010.
Paritosh