1. Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.Ps for a direction of payment of his claimed amount from the O.Ps alongwith compensation.
2.The case of the complainant is that he is the owner of the vehicle No. OD-12-3443 (407 tipper) having its valid insurance policy No.550060331150100002360 till 22.12.2016.The vehicle of the complainant was met with an road accident as reported on 8.4.2016 vide Station Dairy Entry No.152 dtd.8.4.2016 and it was reported at Harabhanga Police Station on 8.4.2016 vide station Diary Entry No.152 dtd.8.4.2016. The vehicle was shifted to Jalan Automobiles Sambalpur for its repairing .The vehicle was repaired at Jalan automobiles and given an Invoice Rs.3,23,324/-.The complainant paid the amount and released the vehicle. The complainant submitted all papers before the O.PNo.1 for reimbursement of his the claimed amount. The O.P.No.1 reimbursed an amount Rs.2, 18,700/- and credited the amount to the account of the complainant vide No.33539174992 dtd.2.12.2016.The O.P.did not pay Rs.1, 04,624/- for which the complainant made several representations for payment of the differential amount. The O.P did not take any steps and flatly denied for payment of the claimed amount which forced the complainant to file this case before this forum for a direction for payment of his deduction amount alongwith compensation.
3. After being notified the O.P.s appeared and filed counter in the above case. The case of the O.Ps is that the case is not maintainable in the eye of law and has no cause of action for such case. After received the claim form from the complainant of the vehicle and all documents as per IRDA guideline Er. R. Tripathy Surveyor appointed for final assessment of the claim. The surveyor assessed the accident vehicle Rs.2, 18,700/-.After submission of the document by the complainant the 2nd surveyor was allotted for settlement of the claim of the vehicle. The O.Ps approved Rs.2, 18,700/- and paid through NEFT to the complainant .The O.P. are taken all the document in consideration and assessed the claimed amount and made payment to the complainant. The O.Ps further submitted that the complainant is not entitled to get further claimed amount and compensation and the petition filed by him be rejected.
4.The complainant filed documents like Xerox copy of the Regd. Certificate vide Regd. No. OD-12-3443, Xerox copy FIR. Station Dairy of Harabhanaga Police Station No152 dtd.8.4.2016, Xerox copy, copy of estimate cost of the repaired vehicle and there retail invoice. The O.P. also submitted documents in favour of him such as motor vehicle approached note, liability computation sheet, report made by the surveyor and survey report, motor claim form and the survey report at spot dtd. 10.4.2016 .All the documents filed by the complainant and the O.P. had taken into consideration.
5. There is no dispute between the parties the vehicle was met with an accident on dtd.8.4.2016 and the insurance of the vehicle was valid till to 22.12.2016 . There is also no disputes between the parties that the vehicle was repaired at the cost of Rs3, 23,324/- paid by the complainant and released the vehicle. The claimed amount made by the complainant has not paid by the O.P.The documents filed by the O.P. shows that the actual payment was made to the complainant as because as per their insurance IRDA guidelines and they have deducted Rs.1,04,624/- from claimed amount of the complainant.
6. The insurance amount paid by the complainant was in time and the accident of the vehicle was during the period of valid insurance and the O.P. has illegally deducted the claimed amount from the complainant when there is a valid insurance, It is bounden duty of the O.P.s to explain detail description regarding deduction of amount .
Taking into consideration of the case of the complainant and the documents filed him so also submission made by the O.Ps we allow the case of the complainant in part and direct the O.Ps to release the deducted amount of Rs.1,04,624/-(Rupees one lakh four thousand six hundred twenty four)only with usual interest alongwith Rs.1,000/-(Rupees one thousand) only towards compensation to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.Ps for realization of awarded amount. This case is disposed of accordingly.
Order pronounced in the open court under the seal and signature of the forum this the 8th day of August, 2018.
