DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER  COMPLAINT  CASE NO. 58 OF 2015

Dinesh Kumar Bondia,

S/O: Ram Kishan Bondia,

R/O: Marwaripara, Agrasen Chowk,Jharsuguda,

Dist- Jharsuguda, Odisha………………………………………………. Complainant.

                                           Versus 

Branch Manager,

National Insurance Co. Ltd., Jharsuguda Branch,

Main Road, Opp. Manmohan M.E School,Jharsuguda,

Dist: Jharsuguda, Odisha……………………........................................ Opp. Party.

Counsel for the Parties:-

For the Complainant                         Shri N.K. Mishra, Adv. & Associate.

For the OPP. Parties                        Shri A.K.Mishra, Adv.

Date of Order: 09.08.2016

                                                              Present

                                            1. Shri S.L. Behera, President.

                                            2. Shri S.K.Ojha, Member.

Shri S.L. Behera, President : -  The complaint case in brief are that the complainant is the  owner of one vehicle bearing Regd. No. OD-23-3839, got insured his vehicle with the Insurance Company National Insurance Company Ltd., from dtd. 28.12.2013 to dt.27.12.2014, and the same was met with an accident.  Soon after accident the complainant lodged a claim before the O.P bearing registration No. 163401 / 31/ 14/ 61/ 950000079.  The appointed a surveyor to assess the loss who did not supply the copy of surveyor report. The complainant has incurred Rs.57,626/- only towards repairing of the said vehicle but the O.P decided to settle the claim at a sum of Rs.21,093/- only.  The complainant raised objection in writing but the O.P denied the same, hence this case.

2.         Being notice by the Forum the O.P. Insurance company enter appearance through his counsel and filed written version and contested the case.  It is admitted by the O.Ps. that the policy of insurance bearing No. 163401 / 31/ 13/ 6100006003 was issued infavour of Dinesh Kumar Bondia for the vehicle bearing Regd. No. OD-23-3839 and it was valid from 28.12.2013 to 27.12.2014. The said policy was issued as per terms and conditions, limitation as has been mentioned and attached to the policy itself.  It is submitted by the O.P. that the

vehicle met with an accident on 21.05.2014 near IB River Bridge ,Jharsuguda.  The O.P sent a surveyor namely Er. Rabi Narayan Tripathy who surveyed and assessed loss of Rs.21,093/- only subject other terms and conditions of policy.  Regarding surveyor report the O.P intimated three times to the complainant to take claim money but the complainant did not pay any attention and as per norms and conditions the O.P closed the files with comment “No Claim” which was also intimated dtd. 06.04.2015.  As the surveyor report is an important document and it cannot be brushed aside the O.P denied all the allegations and prayed for dismissal of the case.

3.         We have heard from both the parties, perused the materials available in the case record. The complainant has filed Xerox copy of Money Receipt amounting Rs.57,626/- only paid against repairing cost of the vehicle.  One Er. Rabi Narayan Tripathy (Surveyor & Loss assessor) had surveyed and assessed loss of Rs.21,093/- only.  The said Er. Rabi Narayan Tripathy who is an independent and license holder surveyor and loss assessor was also cross examined before this Hon’ble Forum who has submitted that he had verified the vehicular documents and assessed in presence of the complainant and work manager and also surveyed pre-dismantling and post-dismantling of parts and post repairing work. The O.P filed a citation of judgment Reported in 2012(2) CPR 127 N.C, a case between Chanan Preet Singh Versus. United India Insurance Co. Ltd. wherein the Honorable National CDR Commission held that “Report of a Surveyor is a Credible document which must be relied upon unless controverted by credible proof of any infirmity in its findings”.   

            In view of the above decision we hold the report of Surveyor as a vital document in deciding this case and as per the same the complainant is entitled to get his claim amount. 

Hence the complaint petition is allowed as partly and directing the O.P pay a sum of Rs.21,093/-  ( Rupees twenty one thousand ninety three) only to the complainant within one month from the date of receipt of this order. No order as to costs.

Accordingly the case is dispose of.

Order pronounced in the open court today on this the 09^th day of August, 2016, copy of this order shall be communicated to the parties as per Rule.

                                                                           I Agree,

                                                                      S.K.Ojha,Member              S.L.Behera,President

Dictated and corrected by me.

                                                                                            S. L. Behera, President.