PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                   CONSUMER COMPLAINT NO. 159/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Dhiraj Kumar Panda,

S/O-Pabitra Bhanu Panda,

R/O-Naxapali, Dhanupali Road, PO-Maneswar,

PS/Dist-Sambalpur-768005, Odisha.                                       ….…......Complainant.

                                    -Vrs.-  

1. Nikhil R.Rajput, Corporate Motor Claims Mumbai,

Universal Sompo General Insurance Co. Ltd.

Reliable Tech. Park, Cloud City Campus, Airloli Office-Unit 601 & 602, 6^th Floor Gut No. 31, Mouje Elthan Thane Belapur Road,

Airoli Navi Mumbai, Mob-8655828464, PIN-400708.

2. Nexa Sambalpur Highway

Remed Sambalpur, At-Ainthapali,Dist-Sambalpur-768006, Odisha.

3. Maruti Suzuki Insurance

House No. 461,2^nd Floor, Gugnani Heights, Gautam Nagar, Lewis Road, Bhubaneswar-751014

4. Maruti Suzuki, Insurance Broking Private Limited

1, Nelson Mandela Road, Vasant Kunj,

New Delhi-110070                                               …………........Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. A.K. Mishra & Associates
2. For the O.P. No.1                           :- Sri. B.K.Purohit.
3. For the O.P. No.2                           :- Sri. P.K. Kar
4. For the O.P. No.3                           :- Ex-parte.
5. For the O.P. No.2                           :-Sri. R. Agrawal & Associates.

Date of Filing:04.10.2023,Date of Hearing :02.04.2024,Date of Judgement : 22.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased vehicle No. OD-15U-9657, Maruti S-Cross from O.P. No.3. The vehicle was insured with Universal Sompo G.I.C. Ltd. vide policy No. 2367/67350167/00/000 for the period 01.07.2022 to 30.06.2023. On 27.01.2023 when the Complainant was coming from Bargarh with driver Samarth Kumar Mishra and to save a cow sudden gave break. The Vehicle was damaged on its front and back-side. Attabira G.D. No. 06 dated 28.01.2023 before Attabira P.S. The insurer was informed for spot verification and vehicle was deposited on 30.01.2023 for final inspection. The service Engineer told that total damage of the vehicle. The Insurer made E-auction. Mr. Sayad Fazulddin purchased for Rs. 3,50,000/- as scrap and the purchaser was to hand over Rs. 3,50,000/- to the Complainant on 15.07.2023. Out of which Rs. 3,30,000/- draft was given and rest amount of Rs. 20,000/- after handing over the NOC. The Complainant submitted all papers for final payment. The I.D.V. of the vehicle was Rs. 9,63,623. The Vehicle is insured with return to invoice value. Since after accident although the Complainant is not using the vehicle paid Rs. 15,184/- to the Financier H.D.F.C. Bank Sambalpur. For deficiency in service complaint has been filed.
2. The insurer O.P. no.1 submitted that the policy was a bundled Motors-policy and IDV Rs. 9,63,623/- claim was placed on 29.01.2023. The accident occurred when a following third party vehicle headed negligently to-wards the said car dashed it near. The car pushed forward with jerk and the driver lost control and steered to left hand side, thereby the car dashed bushes, jumped to 10 fts below the surface of road and finally dashed with a tree on the land on 27.01.2023 clam No. CL 22435241/00001 made the loss and submitted report. The Complainant when consented settlement made as follows:-

1. Rs. 6,12,623/- shall be paid on behalf of complainant to financier HDFC Bank.
2. Rs. 3,30,000/- paid to complainant as the repair liability exceeded 75% of the IDV and accordingly the vehicle shall be treated as constructive Total Loss(CTL). The settlement is made IDV less wreck/salvage value less compulsory excess clause of Rs. 1000/-. The wreck value quoted Rs. 3,50,000/-. The liability of O.P. comes to Rs. 6,13,623/- and accordingly settled.

Rs. 6,04,061/- vide cheque No. AXISC No. 0337581138 dated 05.092023 paid to HDFC Bank vehicle loan A/C of Complainant.

Apart from Salvage Payment Rs. 8562/- paid to the Complainant vide cheque No. AXISC No. 0337581137 dated 05.09.2023.

3. Finally and fully settlement made.

The Complainant is not entitled to receive any amount as per “Return to invoice” basis as per claim.

There is no deficiency on the part of answering O.P.

3. The O.P. No.2 Nexa-Sambalpur High Way admitted that on 30.01.2023 the alleged vehicle was deposited. The vehicle was totally damaged. The insurance provider e-auctioned and scrap of the vehicle was valued Rs. 3,50,000/- out of which the auction bidder M. Sayed Fazulddin paid Rs. 3,30,000/- and after NOC had to pay balance Rs.20,000/-. There is no deficiency on the part of answering O.P.
4. The O.P. No.4 submitted that this complaint suffers from mis-joinder of necessary party. O.P. No.4 has no role for adjudication of the complaint. There is no privity between the Complainant and answering O.P. The O.P. act as an insurance product facilitator only.
5. Perused the documents filed by the parties. This is a dispute between the Complainant and the insurer O.P. no.1. The other O.Ps have no any role as it reveals from the complaint and documents filed.

It is the admission of the insured and insurer that vehicle No. OD-15U-9657 was insured with policy No. 2367/67350167/00/000 and valid for the period 01.07.2022 to 30.06.2023. On 27.01.2023 the vehicle met an accident and G.D. No. 06 dated 28.01.2023. The vehicle registered as claim No. CL 22435241/00001 and Surveyor finally assessed on 30.01.2023.

From the settlement it reveals that the Complainant settled the claim on 24.08.2023 for the IDV value of vehicle Rs. 9,63,623/- and vide cheque No. AXISC No. 337581138 dated 05.09.2023 Rs. 6,04,061/- has been paid by the insurer to HDFC Bank Ltd. financier of the vehicle. Further Rs. 8562/- was paid vide cheque No. AXIS No. 337581137 dated 05.09.2023 to the Complainant. The Complainant admitted the salvage as Rs. 3,50,000/- out of which the highest bidder paid Rs. 3,30,000/- and assured to pay balance Rs. 20,000/- after submission of NOC.

The Complainant is claiming the “return to invoice” and to-wards Rs. 964/- has been charged by the O.P. No.1 which is reflected in the policy bond. As per terms and conditions of policy the O.P. No.1 was to find the difference between IDV and the current selling price of the vehicle.

IDV Rs. 9,63,623/-

                   (-)Salvage Rs. 3,50,000/-

                           Claim Rs. 6,13,623.00

             Less Policy Excess (-) 1000.00

                                   Rs. 6,12,623.00

          The O.P. No.1 paid to Complainant.

                             Rs. 6,04,061.00

                        (+) Rs.     8,562.00

                             Rs. 6,12,623.00

The O.P. No.1 has rightly settled the claim and paid the claim. Accordingly, there is no any deficiency establishment against the O.P. No.1.

                   Accordingly, it is ordered:

ORDER

The Complaint is dismissed against the O.Ps. No cost.

Order pronounced in the open court on this 22^nd day of April, 2024.

Supply free copies to the parties.