Date of filing:- 10/12/2018.                                                                               Date of Order/Judgement:-14/11/2023.                                         

                                              DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 69 OF  2018

Pramod Kumar Agrawal, aged about 51 years, Son of late Khemachand Agrawal, Occupation. Business, Resident of Ward No.6, Bargarh, Opposite Marwari Dharmshala, Po. Bargarh, Ps. Bargarh (Town), Dist. Bargarh 768028.

                                                                                                  Complainant.

-: V e r s u s :-

(1) United Insurance Co. Ltd, represented through its Branch Manager, Bargarh

      Branch, At. Hotel Oriental Complex, Gosala Road, Bargarh, Po. Bargarh, Ps.

      Bargarh (Town), Dist. Bargarh, at present At. Old NH.6, Khajurtikra Chowk,

      Bargarh, Po/Ps/Dist. Bargarh 768028.

 (2) SAIRAM FORD, represented through its Manager, at. G.E. ROAD SIRSA

      GATE, NEAR  MAKHIJA PETROL PUMP, CHARODA, BHILAI CITY,

     490025, CHHATISGARH, NOW VARDHAMAN FORD,  represented

     through its Manager, NH.6, G.E ROAD,  CONTRACTOR COLONY,

     SUPELA, BHILAI, CHHATISGARH 490023.  

                                                                                                         Opposite Parties.

Counsel for the Parties:-

For the Complainant :-                :- Sri  T.C. Tripathy, Advocate with Associates.

For the Opposite Party No.1 :-    :- Sri Ashok Kumar Dash, Advocate.

For the Opposite Party No.2:-     :- Exparte.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.14/11/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The case of the Complainant is  that the Complainant is the owner of a Ford ECO. Sport bearing Regd. No. OD-17B-1500. The Opposite Party No.1 is an Insurance Company and Opposite party No.2 was the authorized service centre in respect of Ford. ECO. Sport vehicles. The said vehicle was insured duty by Opposite Party No.1 upon receipt of premium with Insurance policy bearing No. 2604013116P112522222 valid from 27/12/2016 to midnight of 26/12/2017. The sum assured amount of the policy has been fixed to the tune of Rs. 6,00,000/-(Rupees six lakh)only On 6^th day of March 2017 the said vehicle of the Complainant met with an accident while going from Bargarh to Raipur under Basna Ps. and on the next day i.e. 7^th day March 2017 the accident was reported to Basna police station for which station diary was registered. The Complainant informed about the accident to the Opposite Party No.1 and lodged claim, the Opposite Party No.1 appointed a Surveyor Sri Sudam Chandra panda and spot survey was carried out. The vehicle has been damaged considerably and was taken to the local police station by crane and was kept for 2 day and after the vehicle was taken to the Opposite Party No.2. The Opposite Party No.2 estimated the repairing cost for an amount of  Rs. 8,62,679.05/-(Rupees eight lakh sixty two thousand six hundred seventy nine and five paise)only but on 28/02/2018 after an year of accident the Opposite Party No.1 informed to the Complainant that the final surveyor has a sum of Rs. 2,47,790.10/-(Rupees two lakh forty seven thousand seven hundred ninety and ten paise)only towards cost of repairing. The final surveyor appointed by Opposite Party No.1 has conducted the survey behind the back of Complainant. The Opposite Party No.1 has offered the sum of Rs. 2,47,790.10/-(Rupees two lakh forty seven thousand seven hundred ninety and ten paise)only to the Complainant towards full and final settlement but the actual repair cost is more. The Opposite Party No.1 has suppressed the facts. On 14^th May, 2018 the Complainant drew the attention of the Insurance ombudsman for Odisha for non settlement of claim and the copy of the said letter was also submitted to Opposite Party No.1 but till date there is no response. The Opposite Party No.1 has failed to provide proper service and for the act of the Opposite Parties this Complaint was filed before this Commission by the Complainant.
2.  The case of the Opposite Party No.1 is that the Opposite Party No.1 has submitted its version and stated that the vehicle of the Complainant bearing Regd. No. OD-17B-1500 has been insured by this Opposite Party vide policy No. 2604013116P11252222 having validity from 27/12/2016 to 26/12/2017. After getting information from the Complainant about the accident the Opposite Party appointed a spot Surveyor Er. Sudam Chandra Panda to carry out spot survey. After Completion of survey the surveyor sent a report on Dt. 09/03/2017 after this final surveyor Er. Shyam Chhabra was appointed duly approved by IRDA and the loss/damage was assessed to the tune of  Rs. 2,47,790.10/-(Rupees two lakh forty seven thousand seven hundred ninety and ten paise)only. The Opposite Party informed the Complainant to submit documents like repairing bills, money receipt against the bills and FIR but the Complainant made a deaf ear to it. Finally on Dt. 06/03/2019 a remainder  letter was sent but the Complainant did not cooperate the Opposite Party in manner. The service centre has strangely estimated the loss of vehicle which is actually not so evident from the report of final surveyor. The Complainant had to provide necessary documents towards settlement of the claim which is not complied yet by the Complainant.

There is no deficiency in service on the part of the Opposite Party, the case  to be dismissed.

3. The case of the Opposite Party No.2 is that the Opposite Party No.2 did not appear before this Commission, Hence, Opposite Party No.2 is set exparte.
4. Perused the Complaint petition, version and documents filed by the parties and the following issues are framed:-

ISSUES

1.Whether the Opposite Parties are deficient in its service ?

2. What relief the Complainant is entitled to get. ?

Issue No.1.

            It is an admitted  fact that the Complainant insured his vehicle bearing Regd. No. OD-17B-5100 from Opposite Party No.1 vide policy No. 2604013116P112522222 having validity from 27/12/2016 to 26/12/2017. The said vehicle met with an accident on Dt. 06/03/2017 during the validity period of Insurance. The Complainant submitted the estimate bill of Rs. 8,62,679.05/-(Rupees eight lakh sixty two thousand six hundred seventy nine and five paise)only to the Opposite Party No.1. The Opposite Party No.1 of Dt. 28/02/2018 submitted the surveyor report of  Rs. 2,47,790.10/-(Rupees two lakh forty seven thousand seven hundred ninety and ten paise)only. The Opposite Party No.1 has taken plea regarding letters for settlement of claim to the Complainant but there is no such documents being submitted by the Opposite Party No.1.

            After the accident on Dt. 06/03/2017 the surveyor submitted its report of 28/02/2018 and after submitting the report there is no step by Opposite Party No.1 and the Opposite Party No.1 remained silent. From the aforesaid facts it is clear although the surveyor estimated loss but no step was taken by the Opposite Party No.1 to settle the claim, which is a financial loss to the Complainant. The Opposite party No.2 is the service provider, there is no liability of Opposite Party No.2.

            Due to non-settlement of the insurance claim by the Opposite Party No.1 within the validity period amounts to deficiency in service on the part of Opposite Party No.1.

Issue No.2.

            As discussed supra, the Complainant is entitled for relief claimed.

            Accordingly it is Ordered.

O R D E R

The Complaint is allowed on contest against the Opposite Party No.1 and dismissed exparte against the Opposite Party No.2.  The Opposite Party No.1 is directed to pay the amount of  Rs. 2,47,790.10/-(Rupees two lakh forty seven thousand seven hundred ninety and ten paise)only to the Complainant along with 9% interest from the date 06/03/2017 within one month of this Order. The Opposite Party No.1 is directed to pay Rs. 30,000/-(Rupees thirty thousand)only for mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant. In case the Opposite Party failed to pay the  amount within one month of this Order, the entire Order will carry 12% intrest P.A. till realization.

Order pronounced in open court on this 14^th day of  November  2023.

   Supply free copies to the parties.  

                                                                                              Typed to my dictation

                                                                                    and corrected by me.                                                                                           

I  agree,

( Smt. Jigeesha Mishra)                                                                    (Smt. Anju Agarwal)                                                             Dt.14/11/2023                                                                                            Dt.14/11/2023

 P r e s i d e n t                                                                                          M e m b e r (w)