Orissa

Jharsuguda

CC/98/2014

Firoj Patel S/O-Lata Hemanta Patel - Complainant(s)

Versus

BM ICICI Lombard General Insurens CO.Ltd - Opp.Party(s)

Goutam.Kumar.Hati

03 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 98 OF 2014

 

Firoj Patel (24 Yrs.),

S/O- Late Hemanta Patel,

RO: Tildega,PS: Kinjirkela, 

Dist: Sundargarh,Odisha…………………………….….………………Complainant.

     

Versus

 

1. ICICI Lombard General Insurance Co. Ltd.,

ICICI Lombard House, 414, Veer Savarkar Marg,

Near Sidhi Vinayak Temple,

Pravadevi, Mumbai, Maharastra- 400 025.

 

2. ICICI Lombard General Insurance Co. Ltd.,

Mishra Complex, 1^st Floor,

Kalimandir Road, Jharsauguda, Odisha.

 

3. Tata Motors Finance Ltd.,

1^st Floor, Dua Complex, Panposh Road, Rourkela,

Dist: Sundargarh, Odisha- 769 004…………....………………………..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                  Shri Probodh Patel, Adv. & Associates.

For the Opp. Party No.1 & 2                     Shri B.N.Dutta, Adv &. Associates.

For the Opp. Party No.3                           Shri A.K.Sahoo, Adv. & Associates.

 

Date of Order: 03.11.2015

 

Present  

                                                                              1. Shri S.L.Behera, President.

                                                                             2. Smt. A. Nanda, Sr.Member.

 

Shri S. L.Behera,President: - The brief facts of this case are that the complainant is an unemployed youth to earn his livelihood purchase one  TATA ACE magic HT vehicle bearing No. OD-16-7397 being financed by O.P.No.3, TATA Motors Finance Ltd. and got it insured with the ICICI Lombard General Insurance Co. Ltd. O.P Insurance company from dtd. 12.09.2013 to 11.09.2014  for Rs.3,71,656/-.  On dtd. 22.03.2014 while the insured vehicle was parked by the driver of the vehicle in front of house of Hare Krushna Seth of village Rasti, PS-Kinjirkela in the district of Sundargarh at about 11.30 Pm the vehicle ablaze with fire and completely destroyed, the incident was informed to the Kinjirkela police station and FIR was lodged on dtd. 23.03.2014. The fire incident was also intimated to the O.P. Insurance company and thereafter claim was lodged for a sum of Rs.2,97,400/- along with all the relevant document and requisite required by the O.P Insurance company.  It is claimed by the complainant that the Surveyor appointed by the O.P Insurance company has

also submitted his report but no settled amount was paid to him despite several approach and request to the O.P Insurance company.  It is also submitted by the complainant that the insured vehicle was financed by TATA Motors Finance Ltd. Rourkela is demanding installment and other charges which could not be paid by the complainant due to non-settlement of his insurance claim and the matter was delayed by the O.P. Insurance company.

 

            The O.P. Insurance company as well as the finance company both have contested this case.  Admitting the issuance of policy of insurance the O.P Insurance company stated that due to non-taking of reasonable steps and care the safe guard of insured vehicle from  loss and damage whereas the policy condition, the fire incident took place and due to non- submission of bills and voucher and vehicular documents by the complainant his claim application was closed.  The O.P.No.1 Insurance company denied to have rendered any deficiency in service as the complainant files this complaint without any repudiation of his claim and sought for dismissal.  The O.P.No.3 financier in its written statement denied to have any basis and represent of the insurance claim and stated to his got right to recovered the outstanding dues from the complainant as per the loan account.  

 

            The matter of Survey Report under the policy duly assessed by the Surveyor which was presented to the O.P Insurance company has been produced by the O.P. Insurance company.  We have gone through the Survey Report thoroughly, the Surveyor surveyed the matter of incident from all against and finally assessed the insurance liability on the cash less basis to the extent of Rs.2,72,003.20P by deducting present market price of the vehicle , less salvage and less policy assessed. The said survey report is a very important document which is not disputed by the insured.  The complainant has not got any objection to assessment of the surveyor.  We have also do not find any irregularities while assessing the loss sustained to the insured vehicle.  The complainant is therefore entitled to got a sum of Rs.2,72,003.20P towards his claim.

 

            Accordingly the complaint petition allowed and the O.P.No.1 Insurance company is directed to pay a sum of Rs.2,72,003.20P to the complainant towards his claim within one month from the date of receipt of copy of this order, failing which the awarded amount will carry interest @ 9% per annum from the date of default till the date of realization. 

 

Accordingly the case is disposed of.

 

Order pronounced in the open court today on this the 3^rd   day of November, 2015, copy of this order shall be communicated to the parties as per Rule.

 

                                                    I Agree.                                    .

                                                                                                          

                                               A.Nanda, Member (W)                           S.L.Behera,President                               

                                  Dictated and corrected by me.

                           S.L.Behera,President