PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                              CONSUMER COMPLAINT NO. 73/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mr. Patitapabana Dharai,

At-Sankhala, PO-Sahaspur, Via-Dhama

Dist-Sambalpur-768113, Odisha, India                   ………………......Complainant.

Vrs.

1. Mr. Jeevan Jyoti Singh, Claim Manager,

Magma HDI General Insurance Co. Ltd.

‘Anand Plaza’ Tanka Pani Road, Bhubaneswar-751014.

2. Mahindra and Mahindra Finance Service Ltd.

Gateway Building, Apollo Bumder, Mumbai-400001.

3. Mahindra and Mahindra Finance Service Ltd.
1.  
4. Mr. B.K.Patra, Surveyor

(Through O.P. No.1) C/O- Jeevan Jyoti Singh, Claim Manager,

Magma HDI General Insurance Co. Ltd. Tanka Pani Road,

Counsels:-

1. For the Complainant         :- Sri. N.Barpanda.
2. For the O.P. No.1                           :- Ex-parte
3. For the O.P.No.2 & 3         :-Sri. A.K. Sahoo & Associates.
4. For the O.P. No.4                           :-Ex-parte.

Date of Filing:18.05.2023,Date of Hearing :04.12.2023,Date of Judgement : 22.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a tractor and trolly and insured with O.P. no.1, Magma HDI GIC ltd. Vide policy No. P0022400007/4107/100097 dated 24.02.2022 for the period 24.02.2022 to 23.02.023 for tractor bearing No. OD-15Q-9443, Swaraj 735FE ER tractor. The I.D.V. is Rs. 5,00,000/-.

On 12.03.2022 the tractor caught fire. Complaint was made before Rengali fire service station on the same day and certificate No. FICIC-1306200052022000036 dated 17.03.2022 was issued by Asst. fire officer, Sambalpur showing “Battery short circuit.” The estimated cost of repairing assessed Rs. 4,70,000/- by the mechanic. The O.P. No.4 not settled the claim and persuaded to settlement with submission of indemnity of Rs. 1,20,000/-. The O.P. No.1 credited the amount in Axis bank account of Complainant.

The content of indemnity was that the tractor met with road traffic accident on 12.03.2022. With the hope of settlement at Rs. 3,50,000/- the Complainant submitted the indemnity as the skeleton of tractor is laying in garage for repairing O.P. No.4 misled the Complainant.

O.P. No.4 asked the complaint to repair the tractor in private garage and to obtain bill amounting to Rs. 7.00 lakhs so that it will be settled Rs. 3.5 lakhs. A legal notice was sent to O.P. no.1 insurer for settlement at Rs. 5.00 lakhs IDV but inconnivance with O.P. No.4 the claim was rejected. O.P. no.3 not informed the O.P. No.2 about the incident.

In the meantime Complainant got a notice from sole Arbitrator V.K. Gandhi bearing No. MHF/23894/2023. Due to Commission and Omission of O.P. No.1 & 4 the Complainant sustained heavy loss and complaint has been filed.

2. The O.P. No.2 & 3, financier of the vehicle in their version submitted that the dispute is against the insurer O.P. no.1. As on 06.07.2023 the Complainant is in default of 13 EMIs and liable to pay Rs. 2,05,400/- along with rate fine charges of Rs. 43,843/- and bounce charge of Rs. 3180/-. There is no any deficiency in service of the O.P. No.2 & 3. As the Complainant failed to pay the EMIs arbitration proceeding has been initiated against him.

The Complainant is not maintainable against the answering O.Ps.

3. The O.P. no.1 is the claim manager of the insurer and O.P. No.4 is the surveyor who have been set ex-parte.
4. The Complainant filed the following documents:

1. Copy of insurance Policy No. Poo22400007/4107/100097 dated 24.02.2022.
2. Fire certificate No. FICIC 1306300052022000036 dated 17.03.2022.
3. Extract of G.D. No. 9 of Rengali police Station dated 17.03.2022.
4. Photocopy of indemnity dated 06.07.2022.
5. Legal notice dated 11.09.2022 & postal receipt.
6. Reply of O.P. No.1 dated 03.09.2022.
7. Arbitration notice of Sole Arbitrator.

5. The insurer Magma HDI issued the commercial vehicle package miscellaneous group of vehicle policy in favour of Complainant for the vehicle OD-15Q-9443 Mahindra tractor IDV RS. 5.00 lakhs for the period 24.02.2022 to 23.02.2023. From fire certificate FIC 11306200052022000046 dated 17.03.2022 it reveals that approximate loss of properties affected/damaged/gutted in fire is Rs. 97,000/- G.D. No. 009 dated 17.03.2022 of Rengali P.S. discloses that the tractor was standing at Block Colony, Rengali. On 12.03.2022 tractor driver Manjit Dansana noticed that tractor was brunt. After receiving information Complainant came to the spot and found tractor was fully brunt. The Complainant came to police station and reported the matter. The Complainant submitted indemnity letter cum undertaking before the insurer and declared claim as Rs. 1,20,000/- and requested to cancel the policy, adjust the premium against claim expenses and to recover the amount paid against the claim. The Complainant filed risk assumption letter wherein the insurer mentioned that due to not having a valid licence of the driver not opting PA cover of Owner driver. Advocate notice dated 11.09.2022 was issued by Sri. Niranjan Barpanda. The insurer in reply dated 30.09.2022 submitted that surveyor O.P. no.4 was engaged after receipt of claim on 16.03.2022. After going through the damage in presence of insured it was assessed Rs. 1,20,000/-. After receipt of full and final survey report the Complainant was asked to provide consent letter on settlement. The Complainant submitted the consent letter dated 06.07.2022. The claim was settled and payment released to the customer on 11.07.2022.

The Complainant admits the receipt of amount Rs. 1,20,000/-. As the Complainant has given consent to the settlement through indemnity on stamp paper and the fire certificate it self disclose that loss of Rs. 97,000/- approximately made, there is no any cause of action against the O.P. no.1 & 4. The Complainant not submitted the driving licence of driver Manjit Dansana. When vehicle OD 15Q-9443 was standing at Block Colony, Rengali. On 12.03.2022 due to short circuit the accidental fire broke and as the insurer settled the claim, this Commission not inclined to proceed further in the complaint.

The complaint is devoid of any merit and accordingly dismissed. No cost

Order pronounced in the open court on 22^nd day of Jan, 2023.

Supply free copy to the parties.