PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 51/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Arupa Chandra Pradhan, Aged about 29 years,

S/O- Niranjan Pradhan,

R/O-Badkasibahal, Po-Kadligarh, Ps-Rairakhol,

Dist-Sambalpur-768106, Odisha.                                      ……….......Complainant.

Vrs.

1. Branch Head, Bajaj Allianz General Insurance Company Ltd.

At-Near Hotel “Niki” VSS Marg,

Ps-Town, Dist-Sambalpur-768001.

2. Bajaj Allianz General Insurance Company Ltd,

Bajaj Finserv Building, 1^st Floor, Behind Weikfield IT-Park,

Viman Nagar, Pune-411014...…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. P.K. Kar & Associates
2. For the O.P.s                       :- Sri. B.K. Purohit, Adv.

Date of Filing:13.02.2024,  Date of Hearing :16.07.2024  Date of Judgement : 02.09.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant is the owner of one two wheeler and there is a comprehensive insurance policy of said vehicle taken from the Ops valid from 08.07.2023 to 07.07.2024. On dtd. 02.11.2023 at about 4.00pm., the Complainant had been to Rairakhol and entered into a shop after parking his vehicle. While coming out from the shop after some time, the Complainant found some smoke coming out from the vehicle. Immediately the Complainant took his bike to a lonely place and tried to put out the fire but the vehicle was totally burnt. Thereafter, the Complainant took his vehicle to the service centre of the dealer in a auto rickshaw from Rairakhol to Sambalpur by incurring Rs. 1500/- towards fare. The matter was also reported at Rairakhol police Station on dtd. 10.11.2023. Since the vehicle is under first party insurance coverage at the time of occurrence, the Complainant approached the OPs for necessary arrangement to get his vehicle repaired but OPs advised that the Complainant himself is to borne the cost of repair first and thereafter they will reimburse the same later on. As per the advice of OPs, the Complainant repaired his vehicle and thereby incurred Rs. 27,002/- out of his own pocket. Thereafter, the Complainant claimed the amount from the OPs but is was in vain. Out of above claim amount of Rs. 27,002/-, the OPs offered an amount of Rs. 9,320/- to the Complainant on 31.12.2023 as reveals from the Whatsapp message on one occasion and when the Complainant protested, again offered an amount of Rs.13,000/-  on another occasion. From above contentions, it is crystal clear that there is no policy for settlement of claim by the OPs rather they are taking arbitrary decision as per their own sweet will. As such OPs are jointly and severally liable to compensate the Complainant for their wrong doing and unnecessarily killing the precious time of the Complainant.
2. The Written Version of the O.P No. 1 is that the OP No. 1 after having received claim from the Complainant for his two wheeler which was burnt O.P.No.1 acknowledges the same. Immediately appointed an IRDA approved surveyor for assessment of vehicle of the complaint. The surveyor thus appointed inspected/examined the vehicle of the Complainant and after assessing the same submitted his provisional Survey Report on 10.11.2023. The Surveyor in his report observed that the “damage are fresh but vehicle fire at the time of parked in front of shop due to loose connection in battery, we not allow battery part in claim”. The observation made by the surveyor clearly state that insured/Complainant cannot lodge his claim for battery as part of vehicle. The OP No. 1 was ready and willing to pay the claim as assessed by the surveyor, however the Complainant was not ready to accept the same and he was demanding for higher amount. It may also be noted that the Complainant has not taken any add on package to his policy. The said policy is a non-depreciation policy hence the depreciation caused has been deducted by the surveyor in his assessment. Further the OP No. 1 even after repudiation considering the request of the Complainant reconsidered the amount of Rs. 9,320/- and increased the amount up to 13,000/- and offered the same to the Complainant but the Complainant did not accept the increased amount as well. The OP No. 1 posted two letters to the Complainant via postal service dtd. 16.01.2024 and 23.01.2024 where in OP No. 1 clearly mentioned that as per documents submitted by the Complainant, final survey report submitted by surveyor and keeping in view the cause of loss as stated by the Complainant the OP No. 1 was ready to pay an amount of Rs. 9,320/- to the Complainant. In the same letter a request was made to the Complainant to provide bill and money receipt and to provide vehicle for re-inspection with salvage, however the Complainant was not responsive with regard to both the letters as mentioned above. Therefore, the OP No. 1 having left with no other option sent letter of repudiation dtd. 30.01.2024 to the Complainant and repudiated the claim of the Complainant.
3. From the Written Statements of the both the parties, it is observed that the vehicle is under first party insurance coverage at the time of occurrence and as per the report of the surveyor, the OPs have repudiated the claim of the Complainant on the ground that “damage are fresh but vehicle fire at the time of parked in front of shop due to loose connection in battery, we are not allow battery part in claim”. Thereafter, the OP No. 1 even after repudiation considering the request of the Complainant reconsidered the amount of Rs. 9,320/- and increased the amount up to 13,000/-. The damage of the vehicle was due to burnt. As it is a burning case, the OPs are liable to settle the claim. Further the OPs have not given any evidence/documents that in such type of cases, the complainant is not entitled for any claim and also after burning, the battery also not covered under the policy condition. Hence deficiency in service found against the OPs. Accordingly it is ordered.

ORDER

The case is disposed of on contest. The O.P is directed to pay Rs. 27,002 /- towards total damage cost of the vehicle, Rs. 20,000/- towards financial loss, mental agony and harassment as compensation and further Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 2^nd day of Sep, 2024.

Free copies of this order to the parties are supplied.