Sri S.K.Sahoo,President.
The complainant has filed the present petition U/s. 12 of C.P.Act,1986.
2. The case of the complainant is that he is the registered owner of the vehicle bearing Registration No. OD35B 4486 which was purchased by availing finance from a private company. The vehicle has been purchased for earning his livelihood. Annexure- 1 is the photo copy of the certificate of registration. The petitioner has insured the vehicle under the opp.parties which was covered the risk of accident and damage. The number of the insurance policy is 3379/01541358/000/00 which was valid from 05.10.2016 to mid night of 04.10.2017. Annexure- 2 is the photo copy of the said insurance policy. One Surendra Bej was employed as driver , who had D.L No. –OD 1920130206057. Annexure- 3 is the photo copy of the said DL of Surendra Bej. When the insurance policy was in force and the vehicle was proceeding towards JINDAL plant on 30.08.2017 it met with an accident. After getting information about such accident the complainant immediately informed the matter at Mahavir Road Out Post Police Station who made Station Diary Entry No.469 dtd.30.08.2017. Annexure- 4 is the photo copy of the said Station Diary Entry. After receiving information from the complainant, the opp.parties deputed the surveyor Ashok Behera, who reached at the spot, verified the vehicle, took some photographs, received all the relevant original documents from the complainant and advised him to remove the vehicle from the spot for necessary repairing to make it road worthy. With the help of crane the complainant removed the accident vehicle from the spot to a garage situated at Talcher as per the advice of the surveyor. After complete dismantle of the damaged vehicle in the garage, the complainant reported the fact to the opp.parties who sent the surveyor to the garage. The surveyor duly appointed by the opp.parties reached the garage, verified the vehicle, took some photographs and received the photo copy of the original, supplementary estimate and advised him to proceed with the repairing work. The surveyor did not supply the copy of the survey report to the complainant. The estimated repairing cost of the vehicle is Rs.3,50,000.00 which was placed before the opp.parties. The claim manager assured the complainant to release the total damaged claim very soon. Annexure-5 is the photo copy of the repairing estimate. Inspite of repeated approach the opp.parties did not settle the claim. However, after receipt of the cost of the repairing from the complainant, the opp.parties immediately took the signature of the complainant on their blank claim forms and papers including discharge voucher on the revenue ticket fixed with a purpose to disburse the total claim. As the said claim was not settled by the opp.parties the complainant repaired the accident vehicle by arranging funds from his friends and relatives. In the month of November,2017 without any notice and information to the complainant the opp.parties have disbursed an amount of Rs.1,22,000.00 in favour of the finance company without following the due procedure of law. They have not released that amount in favour of the complainant, which amounts to deficiency in service and adoption of unfair trade practice by the opp.parties. Hence this case.
3. In pursuance of notice, the authorised signatory of Cholamandalam MS General Insurance Company Ltd., filed its written statement on 28.08.2018 and copy was served on the complainant on the same day.
The case of the opp.parties is that there is no cause of action to file this case. The case is not maintainable in the eye of law. The complainant is not a consumer at all. There is no cause of action to file this case. The complainant knowing the conditions of the policy, paid the premium and obtained the policy. The financer is the real owner of the vehicle and unless a No Objection Certificate is received from the finance the complainant cannot sale the vehicle. So according to the rules the claim amount was actual due for the accident has been paid to the financer. The surveyor is an independent person and obtained licence from IRDA. He is a technical person having good experience to assess the loss and damage of the vehicle. The damage claim has been paid to the financer after considering the surveyor’s report. So the allegations made against the surveyor are false. The amount of Rs.1,22,229.00 is based on the surveyor’s report. The case be dismissed.
4. Admittedly the complainant has purchased a vehicle bearing R.C No. OD 35B 4486 by availing a private finance to earn his livelihood. Annexure-1 is the photo copy of the registration certificate of the vehicle. It is also admitted that it was insured with the opp.parties bearing policy No. 3379/01541358/000/00 valid from 05.10.2016 to mid night of 04.10.2017. Annexure-2 is the photo copy of the said insurance certificate. It is also admitted that while the said vehicle was drove by one Surendra Bej, who had got valid driving licence, it met with an accident on 30.08.2017. The fact of such accident was entered into SDE No.469/2017 dtd. 30.08.2017 by Mahabir Road Out post. It is also admitted that after survey the surveyor submitted his report .The complainant claimed an amount of Rs. 3,50,000.00 towards repairing of the vehicle. He has submitted the photo copy of the Invoice issued by different persons towards repairing of the vehicle.
On the other hand it is stated by the opp.parties that according to the assessment by the surveyor an amount of Rs. 1,22,000.00 was paid to the financer who is the actual owner of the vehicle. The said amount is as per the surveyor report. It is admitted by the complainant that he has availed finance but did not disclosed the name of the financer. The opp.parties have already paid the amount i.e Rs.1,22,000.00 to the financer in whose favour the vehicle was hypothecated. No illegality has been committed by the opp.parties by paying the amount due for repairing of the vehicle. There is no deficiency in service by the opp.parties.
5. Hence order :-
: O R D E R :
The case be and the same is dismissed on contest.
