Heard learned counsel for the appellant. None appears for the respondent.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of complainant, in nutshell is that the complainant being owner of the vehicle bearing Regd.No. OR 08 E 7888 had incurred loan from the OP-Financer for an amount of Rs.4,68,815/- out of which he has paid Rs.1,56,815/- as an advance. It is alleged that after availing loan for purchasing the vehicle, he purchased the policy from the OP. It is alleged inter-alia that the policy was valid from 20.12.2009 to 29.12.2010. It is alleged that the vehicle met accident on 29.1.2010. Thereafter the matter was informed to the Op and the police. After necessary report learned District Forum repudiated the claim on the ground that the complainant has not produced necessary documents to get his claim settled. Since on technical ground it has been repudiated, the complainant challenged same as deficiency in service. Hence, the complaint was filed.
4. The OP No.1 & 2 submitted that the complaint is not maintainable but deputed the surveyor who has computed the loss. However, complainant did not accepted the settled amount. On the otherhand, complainant challenged same. After giving notice, the OP seized the vehicle. Therefore, they have no deficiency in service on the part of the OP.
.5. After hearing both the parties, learned District Forum passed the following order:-
Xxxx xxxx xxxx
“ Hence, the complainant is entitled to Rs.3,14,756/-, some compensation and costs too. In the result, this complaint is partly allowed, directing the Opposite Party No.1 to pay Rs.3,14,756/- and compensation of Rs.25,000/- and cost of Rs.2,500/- to the complainant. Time for compliance, one month from the date of this order. However, the case against the 2nd Opposite Party is dismissed. “
6. Learned counsel for the appellant submitted that as per policy condition the complainant was asked to submit documents but he did not submit. On the otherhand, the OP-Insurer conducted investigation and accordingly assessed the loss at Rs.1,78,300/- but the complainant did not produce certain documents for which they have repudiated the claim. Learned District Forum failed to exercise the jurisdiction by applying judicial mind to the fact and maintained in the record. Therefore, he submitted to set-aside the impugned order by allowing the appeal.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. No doubt during currency of the policy the vehicle met accident. Thereafter the vehicle was kept for repairing. On the otherhand the surveyor deputed by the OP has computed the loss but due to want of documents they have repudiated the claim. Now the question arises whether the documents have been called for. The surveyor’s report shows he has computed the loss basing on documents and filed visit. They are asking for the documents. On the otherhand, sitting over the matter on the plea that the documents are not filed, is itself deficiency in service on the part of the OP. Therefore, we affirm the impugned order so far finding of the learned District Forum is concerned. 9. 9. So far computation of loss is concerned, it is well settled in law that the surveyor’s report can be relied on to compute the loss unless it is found bias and inherently barred. We found that the complainant has already made report by computing loss at Rs.1,78,300/- but the complainant has failed to produce the document to assess the loss at Rs.3,14,756/-. Therefore, the surveyor’s report as computation of loss is correct. Hence, we are of view that Rs.1,78,300/- would be paid by the OP to the complainant. While confirming the finding of the learned District Forum, we hereby modified the impugned order by directing the OP to pay Rs.1,78,300/- to the complainant within a period of 45 days from the date of order, failing which it will carry interest @ 12 % from the date of impugned order till date of payment. Rest of the impugned order will remain unaltered.
Appeal is disposed of accordingly. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
