Date of filing:- 02/12/2019.
Date of Order:-24/06/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 100 of 2019.
Sri Manoj Kumar Adabar, S/o Srimukha Adabar aged about 56 (fifty six) years, Occupation- Government Service, R/o Ward No. 09 (nine), VSS Nagar, Near Axis Bank, Bargarh, Po/Ps/Dist. Bargarh. ..... .... ..... Complainant.
-: V e r s u s :-
- MD and CEO Corporate Office, HDFC ERGO General Insurance Company Limited, At-First Floor, HDFC House 165/166 Backbay Reclamation, H.T.Parekh Marg, Mumbai-400020.
- Branch Head, HDFC General Insurance Company Limited Bhubaneswar, At-3rd Floor, Hotel Pal Regency, J-7 Jayadev Vihar, ON JAIDEB VIHAR, KHORDA-751013. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri R.N.Dash, Advocate with associates.
For the Opposite Parties :- Sri A.K.Dash, Advocate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.24/06/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is the registered owner of the vehicle INNOVA CRYSTA-2.4 V 8S having Chassis No. MBJGB 8EM 202002588 bearing Regd No. OD-17-G-8551. The said vehicle was insured with Opposite Party No.1(one) and Opposite Party No.2(two) having Policy No. 2311201847690302000 Dt.22-07-2018. On dt.11-08-2019 the aforesaid vehicle met with an accident while standing at Traffic Post, Gandhi Chowk, Bargarh and at the time of accident the insurance was valid. In the accident the Rear Bumper, L.H.S. Tail light suffered damages and depression found near the tail light of the said vehicle. As the insurance was valid the Complainant informed the Opposite Parties and on Dt.12-08-2019 registered the claim vide No. C 230019213075 and the Opposite Parties has advised the Complainant to get the vehicle repaired at Field Motors Private Ltd., 2514, Telengapentha, Cuttack, Odisha and their personel will supervise the same but none came to give the payment. The Complainant as per oral instruction by the Opposite Parties has paid ₹ 21,821/-(Rupees twenty one thousand eight hundred twenty one)only towards the repairing charge of Rear Bumper and L.H.S. Tail Light. On Dt. 16-09-2019, the Opposite Parties forwarded the assessment of claim without settling the amount paid by the Complainant, not going into the details of loss and further the Opposite Parties advised to get the vehicle repaired and submit the repair bills to the Surveyor for settlement of claim. The Opposite Parties has claimed that on 12-08-2019 the vehicle was surveyed by Deepak Jena but the Complainant has never been consulted and a report has been given behind the back of the Complainant. The Complainant on Dt. 13-10-2019 has lodged complaint before IRDA INDIA vide token No. 10-19-001473 but till the Opposite Party has not settled the claim of the Complainant.
For the deficiency in service as well as unfair trade practice committed by the Opposite Parties the Complainant filed complaint before this Commission praying that the Opposite Parties be directed to pay ₹21,821/-(Rupees twenty one thousand eight hundred twenty one)only towards the repairing charges of the Rear Bumper and L.H.S. and ₹10,000/- (Rupees ten thousand)only towards repair the depression part of the vehicle, ₹10,000/-(Rupees ten thousand)only towards transportation charges, ₹50,000/-(Rupees fifty thousand)only towards compensation and ₹20,000/-(Rupees twenty thousand)only towards litigation expenses.
2) The case of the Opposite Parties is that the Opposite Party No.2(two) have jointly filed its version and submitted the vehicle bearing Regd No. OD-17-G-8551 has been ensured with Opposite Party having validity from 22-07-2019 to 26-07-2020. The Opposite Party has further submitted the Complainant informed about the accident and Opposite Parties has registered his claim on Dt.12-08-2019 but the Opposite Parties have never directed the Complainant to repair the vehicle at Field Motors Pvt. Ltd., Telengapentha, Cuttack, Odisha. The Opposite Party after getting information about the accident of the insured vehicle on Dt. 12-08-2019 deputed a licensed Surveyor Deepak Jena and as per the Surveyor report the claim was allowed towards damage caused to the Rear Bumper of the vehicle and disallowed the damage to L.H. Tail Lamp and quarter panel, the Opposite Parties was informed by the Opposite Party vide letter Dt.16-09-2019 where the Complainant was intimated to get the vehicle repaired and submit the repair bills to the Surveyor for the settlement of claim. The Surveyor appointed has assessed the loss to the tune of ₹16,100/-(Rupees sixteen thousand one hundred)only subject to the vehicle bearing repaired, reinspected and submit the bills to the Surveyor. The Complainant did not take any steps for repairing nor replied to any letter, for which the Opposite Party closed the same as “No Claim”. As the Complainant has not provided the repairing bill as well as any document relating to NEET the Opposite Party cleared the claim, there lies no deficiency in service on the part of the Opposite Party, the case to be dismissed against the Opposite Party No.2(two).
3) Perused the documents filed by the Parties and following issues are framed.
Issues
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
4) It is an admitted fact that the vehicle bearing Regd. No. OD-17-G-8551 has been insured with the Opposite Party having validity from 27-07-2019 to 26-07-2020. During the valid period of insurance the alleged vehicle on Dt.11-08-2019 met with an accident for which claim was registered vide Claim No. C 230019213075 and the Opposite Party deputed Surveyor and the Surveyor has assessed the loss to the tune of ₹ 16,100/-(Rupees sixteen thousand one hundred)only and the Opposite Parties has submitted the survey report.
The Opposite Party further submitted that due to non submission of documents/bills the claim was closed but the Complainant has filed the bill receipt of ₹ 21,821/-(Rupees twenty one thousand eight hundred twenty one)only towards the repair of vehicle charges. Hon'ble National Commission in RP No. 1296 of 2015 decided on 10-11-2020 was cited that “Further Surveyor appointed by insurance company under the provisions of Insurance Act 1938 and the report of Surveyor cannot be brushed away without any cogent reason”
As the policy is admitted, accident is admitted, it is the duty of the Opposite Parties to settle the claim, non-settlement of claim during the valid period of insurance amounts to deficiency in service on the part of the Opposite Parties. The issue is answered accordingly.
Issue No.2(two)
5) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly, the following order is passed.
O R D E R
6) The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are jointly and severally liable to pay ₹ 16,100/-(Rupees sixteen thousand one hundred)only towards repairing charges along with 9%(nine percent) interest per annum from date of Survey report i.e. 27-08-2019 till date of this Order and ₹10,000/-(Rupees ten thousand)only for deficiency in service and ₹10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant within one month of order failing which the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization
7) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.24/06/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
