BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

C.C NO-08/2015

Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy,Member (W).

Nand Kishore Badi, aged about 38 years,

S/O-Betikhia Badi,

R/O- Near Jagannath Mandir of BurlaTown,

P.s- burla,Dist- Sambalpur, Odisha.                                                          …..Complainant

Vrs.

Cholamandalam MS General Insurance Co. Ltd.,

45-46 2^nd Floor of Hotel Basera,

Ashok Nagar, Janpath, Bhubaneswar.                                                      …O.P

Counsels:-

1. For the Complainant:-  Sri S.K.Mahapatra. Advocate & Associates.
2. For the O.P          :-         Sri B.K.Purohit, Advocate & Associates.

DATE OF HEARING : 24.02.2021, DATE OF ORDER : 22.03.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant is the recorded owner of a Bolero bearing Registration No- OD-15-9208, registered with the RTO Sambalpur on dtd. 30.-3.2013. The valuation of the Bolero was Rs. 5,88,689/-  and insured by the O.P  for which the premium was fixed at Rs.21,648/-. The entire amount was financed by the State Bank of India, Sambalpur. The Insurance policy was effective from dtd. 12.03.2014 to 11.03.2015. On dtd.23.04.2014 the said Bolero was met with an accident at Samasingha – Badabahal road, while the driver of the Bolero to save a cow, came out of the road and tilted for which the vehicle was damaged. The matter was reported in Kolabira Police Station and a Station Diary entry was made vide No-640 dtd. 28.11.2014. The Complainant intimated the matter to the O.P who engaged a Surveyor  and Loss Assessor  and a quotation was prepared for the cost and damage parts as well as the labour charges amounting to Rs.2,61,940/-. The Complainant had filed all the relevant documents of the vehicle with the Surveyor of the O.D Claim department. Also the surveyor has prepared the estimate for Rs.2,61,940/-. The Complainant submitted the required documents on dtd. 30.04.2014 and waited for six months for settlement of claim but the O.P did not settle the claim. The Complainant has served an Advocate notice through registered post on dtd. 25.09.2014 but the O.P did not reply or repudiate the claim. The Act of the O.P is amounts to deficiency in services. The Complainant is a person belongs to Schedule Caste and schedule tribe and obtained the vehicle through finance from SBI for his livelihood. He has no sufficient fund to repair the said vehicle. As the vehicle is lying in the damaged condition the earning of the Complainant is stopped and his family going through untold trouble. For the above reason the Complainant has constraint to seek relief from this Commission as prayed .

 The O.P has agreed that that the policy was issued to the Insured/Complainant but basing on certain terms and conditions. According to the Complainant at the time of accident the driver was one Santosh Sa having DL No-2204/04 valid up to 05.05.2027. After receipt of information of accident from the Complainant the O.P has appointed a Surveyor  who made the spot survey and the final surveyor submitted the report assessing the claim to Rs.90,000.15 p. after deducting the salvage of Rs.3,75,88.96 and policy excess of Rs.500/-. But at the time of submission of Motor Claim Form the Complainant intimated that the driver was Bikash Ranjan Bag and the Insurance Company intimated the insured about the change of driver which was misrepresentation of fact from the side of insured. The O.P issued a show cause notice as to why his claim shall not be repudiated basing on the misrepresented facts within seven days of notice. As the Insured did not intimate anything the O.P repudiated the claim. He denied the assessment of damage for Rs. 2,61,940/- was estimated by the Surveyor. The calculation is to be made by the surveyor is subject to depreciation as per the policy condition and provision of India Motor Tariff and there are certain exclusion clutches. Again he added that before receipt of Advocate notice from the Insured the O.P has on dtd. 12.05.2014 already repudiated the claim case.AS the Complaint petition contains some false, vexatious and frivolous allegations the same shall be rejected.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new Bolero and got it Insured with the O.P on payment of Premium/Consideration. It is observed from the Station Diary Entry made in Kolabira Police station vide SDE No-640 dtd. 28.04.2014 that the entry has made by the concerned police station on the written report given by the owner of the vehicle/ Complainant on the day of accident (dtd. 23.04.2014)the vehicle was being driven by one Bikash Ranjan Bagh. Again the name of the driver (Bikash Ranjan Bagh)have also been mentioned in the claim form by the Insured/Complainant. But on the claim intimation report the driver name is mentioned as Santosh Sha which is claimed to be not in the knowledge the Insured/Complainant. All the information in the intimation are correct except the name of driver. But as the name of the driver  Bikash Ranjan Bagh is motioned in the SDE and a criminal case has been initiated in his name, the genuineness of the SDE copy cannot be denied. The O.P/Insurer could not be able to ascertain from where he collected the name of the driver. This matter is well settled in the case of National Insurance Company ... vs Shri Krishan Chand Verma on 10 May, 2012 by State Consumer Disputes Redressal Commission, SHIMLA.  Hence we order as under:-

ORDER

That the Complaint petition is allowed. The O.P is directed to reassess the claim by considering the bills submitted by the Insured/Complainant and make arrangement for payment within one month. Further the O.P is directed to pay an amount of  Rs.10,000/-(Rupees Ten Thousand) by way of compensation to the Complainant for causing him mental, physical and financial loss and agony and Rs. 5,000/-(Rupees Five Thousand) as litigation costs. This amount shall be paid by the OP  to the Complainant within a period of one month from the date of receipt of a certified copy of this order, failing which the OPs shall pay interest @ 9% per annum on this amount from the date of filing the complaint, i.e., 27.06.2016 till its realisation."

Order pronounced in the open Court today i.e, on 22^nd day of  March 2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,         

-Sd/-                                                                                                  -Sd/-

MEMBER(W)                                                                                   PRESIDENT

                                                            Dictated and Corrected

                                                                             by me.

                                                                               -Sd/-

  PRESIDENT