Orissa

Kendujhar

CC/19/2020

Smt Laxmipriya Sahoo - Complainant(s)

Versus

Branch Manager - Opp.Party(s)

N.R Mishra

17 Feb 2023

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR

                                    CONSUMER COMPLAINT CASE NO 19 of 2020

 

Smt Laxmipriya Sahoo, aged about 41 years

W/O- Sri Chandramani  Sahoo

At- Karada, P.O-Ranigoda,.P.S-Panikoili,

Dist-Jajpur, Odisha-755025.

Presently resided, At-Railway Colony,

Qr No Type-IV/3/C, Po-Ghutur, P.S-Town, Dist-Keonjhar,

Odisha-758001.…………………………………………………………………Complainant

                     Versus

1.Branch Manager

National Insurance Company Limited.

Plot No : 121, Jagannathpur Chhak,

Opposite of New Court, Keonjhargarh,

P.O-Keonjhargarh, P.S-Town,

Dist-Keonjhar, Odisha-758001.

 

2. The Divisional Manager,

National Insurance Company Limited,

Division Office At-Matamatha Gali,

P.O- Cantonment Road, Cuttack,

Odisha-753001.……………………………………..……….………………… Opp.Parties                                                                                                                       

 

Present:

Sri B.N.Patra, President

Sri. J.K.Behera, Member I/C

Advocate for complainant- N.R Mishra

Advocate for O.Ps  1 & 2 – P.K Pothal

 

Date of  filing-  29.09.2020                                                                           Date of order- 17.02.2023

Sri J.K Behera, Member I/C

Brief facts of the case is that the complainant is the owner of a car bearing Regd No-OD-02-AM-8044 having insurance under Ops bearing policy No-163006311910001914 valid from 05.09.19 to mid night of  4.9.20.The said car met with accident during the month of March 2020.The complainant repaired the vehicle in the nearest garage of Trinath Motors, Keonjhar and bill amounting to Rs 41,884/-was submitted to Op-1 out of which Rs 20,300/- was approved in favour of the complainant and deposited in her account through NEFT, rest amount of Rs 21,584/- is the disputed amount with compensation. The complainant relies on Tax-invoice of Trinath Motors, Insurance policy.

Under the above situation the case is admitted. Notice issued to Ops. Ops appeared through their counsel and submitted written version jointly.

Learned counsel for Ops submitted that there is no cause of action arises in the present proceeding and the case is bad for mis joinder and non-joinder of necessary parties. Ops have not committed any deficiency. The loss estimate submitted by complainant from Trinath motors is Rs 31,092/-.  So, the bills submitted by complainant is not consistent with the accident. It is imaginary and afterthought. The surveyor  Er B Khatua has assessed Rs 20,300/- for damage of vehicle and Op-1 has paid the said amount on the basis of  the report of surveyor.  Ops cannot brush aside the report of surveyor. The claim of petitioner is baseless without any legal basis.

Ops have relied on the following documents-

1. Certified copy of surveyor report

Points to be determined-

1. Whether the case is maintainable?
2. Whether cause of action arises in the case?
3. Whether the case is bad for mis-joinder and non-joinder of parties?
4. Whether the Ops have made any deficiency in service?
5. Whether the complainant is entitled to get any relief sought for?

 

Findings

The aforesaid vehicle bearing Regd No-OD 02AM 8044 met with an accident and damage claim filed  bills amounting to Rs 41,484/- and Ops company paid an amount of Rs 20,300/- as per surveyor report. It is clear that some items like plastic, glass and other minor product are not covered under the insurance claim. As per the citation filed by the Ops “surveyor has calculated claim on the basis of damaged parts of vehicle and also considering depreciation and policy excess clause, report of surveyor cannot be faulted-2017(3)CPR-55-(NC)”

In this case cause of action arose on when this vehicle got accident and claim was filed. Op-2 being the Division Office has all liabilities to settle the claim. So he is a necessary party. The case is not bad for misjoinder of parties. Branch office has responsibility for all official settlement of claim.

In this case Op has not made any deficiency of service. The complainant is not entitled to get any relief. So the case is not maintainable.

Order

The complaint case being devoid of merits is dismissed against the Ops without any cost.

Pronounced the order in open Commission today i.e. on   dt. 17.02.2023.

Free copy be supplied to parties, if applied for.

 

 

I    agree 

                                                                                     

 ( Sri J. K. Behera)                                                                                                            ( B.N. Patra )

   Member, I/C                                                                                                       (President)

DCDRC, Keonjhar                                                                                                           DCDRC, Keonjhar

 

                                                              Dictated & Corrected by

 

                                                                                        

                                                                                       ( Sri J. K. Behera)                                                                                                                                                                                                       Member(I/C)

                                                                                        DCDRC, Keonjhar