DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 101 OF 2017
Dinesh Pandit (32 Yrs.),
S/O- Bali Pandit,
Occup- Business,
R/O- Buromal,
PO/PS/ Dist- Jharsuguda, Odisha.………….….………………….…Complainant.
Versus
Cholamandalam MS General Insurance Co. Ltd.
45/45, Seceond Floor, Ashok Nagar,
Bhubaneswar- 751009…………………………………………………..Opp. Party
Counsel for the Parties:-
For the Complainant Shri D.K.Jain, Adv. & Associates.
For the Opp. Party Shri B.K.Purohit, Adv. & Associates.
Date of Order: 04.05.2018
Present
1. Shri Sundar Lal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member (W).
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant purchased a Pick Up Van (Tempo) bearing Regn. No. OD-23-B-8137 and insured with the O.P. The validity of the insurance was from dtd. 28.02.2016 to 27.02.2017 and within the insurance period the said vehicle met with an accident on dtd. 18.02.2017 where the complainant got injured and after taking treatment lodged report at Gandhi Chowk Out Post on dtd.20.02.2017. The complainant lodged insurance claim with the O.P and shifted the vehicle at Piaggio Service center where the said service center issued an Estimate repairing cost of Rs. 94,518/- only including spare parts and labour charges and demanded advance amount. The complainant could not paid any advance amount and shifted the vehicle to one Santosh Auto for repairing. The complainant contacted the O.P several times to settle the insurance claim but the O.P did not take any action, hence this case.
The O.P. appeared through his counsel after being noticed. The O.P. submitted that the complainant had insured his vehicle as Goods Carrying Package Policy of Insurance bearing No. 3379/01352893/000/00 valid from dtd. 28.02.2016 to 27.02.2017 and it will cover as per terms and conditions of the policy. After accident taken place one independent surveyor inspected the vehicle and assessed loss at Rs. 46,500/- only but the complainant did not provide required documents for settlement of the policy. The O.P also submitted that the complainant has produced estimate cost of repair amounts to Rs.94,518/- only which is not the actual cost of repairing and there is no any provision of any part payment prior to settlement of claim. The complainant is not entitled to get any relief and the case should be dismissed.
Heard and perused the case record along with materials available. The complainant had insured his vehicle with the O.P vide insurance policy No. 3379/01352893/000/00 valid from dtd. 28.02.2016 to 27.02.2017. The vehicle met with an accident on dtd. 18.02.2017. The complainant reported the incident in the concerned police out post of Gandhi Chowk , Brajrajnagar. The complainant shifted the vehicle to one service center and obtained estimated cost of repair for Rs.94,518/- only. The O.P appointed one surveyor who surveyed the incident and assessed the loss at Rs. 46,500/- only after deducting the policy excess of Rs.500/- only and salvage of Rs. 6,714/- only. The surveyor report is a vital piece of document in settlement of insurance claim. The claim could not be settled due to non-production of required documents by the complainant but of which documents it is not cleared by the O.P, it is found to be deficiency in service on the part of O.P.
On the above mentioned facts and circumstances, we are in considered opinion to allow the complaint case with directions to the O.P to pay Rs.46,500/- (Rupees forty six thousand five hundred) only towards insurance claim settlement amount and pay a sum of Rs.10,000/-(Rupees ten thousand) only towards harassment, mental agony and cost of the case to the complainant with in 30 (thirty) days from the date of receipt of this order, failing which the O.P shall be liable to pay interest @ 10% per annum on the aforesaid awarded amounts till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 04th day of May 2018 and copy of this order shall be supplied to the parties as per rule.
I Agree I Agree.
A.Nanda, Member(W) S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
