PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 170/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Sri. Suvas Chandra Supkar,

S/O-Late RaghunathSupkar, R/O- Sahajognagar, SJN-E/7,

PO-Budharaja,Dist-Sambalpur, Odisha.                            ……….......Complainant.

Vrs.

1. The Chief Managing Director,

United India Insurance Co. Ltd.

24 Whites Road, Chennai-600014.

2. The Regional Manager, United India Insurance Co. Ltd.

Block-A, 5^th Floor, OCHC Building, Unit-III, Kharvel Nagar,

3. The Dy. Manager, United India Insurance Co. Ltd.

Divisional Officer, Shivlok Complex, Gaiety Road,

Sambalpur-768001, Odisha.                                 ....……….Opp. Parties

Counsels:-

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

Date of Filing:21.05.2024,  Date of Hearing :04.11.2024,  Date of Judgement :09.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1.  The case of the Complainant is that Complainant obtained a policy for his car bearing No. 2230003123060534676 for the period 04.10.2023 to 03.10.2024. On 05.03.2024 the vehicle met an accident near Budharaja, Sambalpur. When the owner reversing the vehicle it dashed with one concrete pillar for which the mirror Assy-outside RR view(LH) was broken. On 07.03.2024 the O.Ps were intimated and claim No. UIIC58637819 was made. The vehicle was delivered at M/S Akash Deep Motors Pvt. Ltd. Sambalpur with estimate amount of Rs. 6259.76P. On 14.03.2024 team policy Bazar Submitted final report to submit documents like tax invoice, previous year policy, payment receipt and cancelled cheque for reimbursement.

The Complainant submitted all documents on 30.03.2024. On 05.04.2024 one Neena Agrawal intimated that the damaged is old in nature and claim was closed.

Being aggrieved complaint has been filed.

2. The O.Ps in reply submitted that private car package policy of insurance bearing No. 2230003123060534876 was issued to the Complainant for the vehicle No. OD 15 A 6886. After intimation of accident one surveyor & Loss Assessor firm Roadzen Assistance India Pvt. Ltd. was engaged and assessed the loss of Rs. 3513.62P. After deduction of policy excess it was Rs. 2513.62. The loss assessor remarked “As per cause of loss, damages is not justified and seems old in nature. So please close the claim as no claim.” The claim was closed. The Surveyor Policy Bazar has not been made party and no intimation was given by the Complainant about the claim. The policy Bazar was supplied with all documents. The final Surveyor’s report was for “no claim” as it was an old damage which can be verified either physically or through consultation with the repairer’s representative. The rejection of claim is proper and there is no deficiency on the part of the O.Ps.
3. Perused the documents filed by both the parties. It is admitted by the Complainant that on 05.03.2024 an accident took place with the vehicle and OD claim was registered on 07.03.2024 vide claim No. UIIC 58637819. The O.Ps submitted that the policy Bazar, Surveyor has not been made party. Here question arises whether policy Bazar was engaged as Surveyor of the O.Ps is important in this case. The policy Bazar has submitted the final report as admitted by the O.Ps. The policy Bazar informed the Complainant to submit certain documents on 15.03.2024 as per contention of Complainant and documents were submitted on 30.03.2024.

On 10.04.2024 Mr. Khatu Rath informed the higher Authority of O.Ps to gave reply on the claim. Thereafter one Neena Agrawal informed about the No. claim vide mail dated 24.04.2024.

Taking into consideration the circumstances of the case following observations are made.

1. The O.Ps neither submitted the final report of policy Bazar nor the Surveyor Roadzen Assistance Pvt. Ltd. for assessment of loss.
2. Neena Agrawal, administration office Policy Bazar claim Hub informed vide mail dated 24.04.2024 to the Complainant about “no claim” and the final report submitted by Roadzen Assistance India Pvt. Ltd. has not been supplied.
3. The O.Ps submitted that the damage was old which can be verified either physically or through artificial intelligence in consultation with the repairers representative. The actual work done by the 2^nd surveyor is not specific. Under which circumstances the 2^nd Surveyor came to conclusion that the damage is old has not been explained.
4. When opinion of two final Surveyors differed it was the duty of O.Ps to obtain a third opinion. Third opinion has not been obtained.
5. The O.Ps received the claim on 07.03.2024 but not visited the service provider M/S Akash Deep Motors and with their artificial intelligence calculated the loss as Rs. 2513.62P.
6. From the observation Supra it is clear that the O.Ps are deficient in service and liable to pay the damages.

Accordingly, following order is passed:

ORDER

The complaint is allowed on contest against the O.Ps. The O.Ps are to pay Rs. 2513.62P with 7% interest P.A. from the date of claim, within one month of this order. In case of non payment the amount will carry 12% interest P.A. till realisation. For deficiency in service the O.Ps are liable to pay compensation of Rs. 50,000/- to the Complainant.

Order pronounced in the open court on 9^th day of Dec. 2024.

Supply free copies to the parties.