STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BIHAR PATNA
Appeal No. 343 of 2018
Dhramjeet Kumar Singh, Son of Sri Sant Vilash Singh, R/o- C/o- Usha Kumari, House no. 1, Road no. 3, Mahesh Nagar, Boring Road, PS- Patliputra, District- Patna
.... Appellant
Versus
1. The Manager, Future General India Insurance Company Limited, Harihar Chamber, 1st Floor, Boring Road, Patna- 800001
2. The Manager, Future Generali India Insurance Company Limited , 202, Awani Signature, 91 A/1, Park Street, Kolkata- 700016
3. Guinea Motors Private Limited, Anand Vihar, West Boring Cannal Road, Patna- 800001
.... Respondents
Counsel for the appellant: Adv. Anil Kumar
Counsel for the respondent: Adv. Binay Kumar Choubey
Before:
Hon’ble Mr. Justice Sanjay Kumar, President
Mr. Ram Prawesh Das, Member
Order
Date-02.02.2023
Per: Hon’ble Mr. Justice Sanjay Kumar, President
Present appeal has been filed on behalf of on behalf of complainant-appellant for partly setting aside order dated 31.08.2018 passed by the Ld. District Consumer Disputes Redressal Forum, Patna in Complaint Case no. 101 of 2012 whereby and whereunder the Ld. District Consumer Forum, Patna has directed the insurance company to pay amount of Rs. 1,60,141/- to the complainant for the loss as assessed by the surveyor and not the loss as claimed by complainant.
Briefly stated the facts of the case is that complainant had purchased on 24.10.2011 Tata Sumo Victa Jeep from Guinea Motors Private Limited, Patna after paying Rs. 6,98,000/- in which complainant paid Rs. 2,48,9000/- in cash as down payment and Rs. 4,50,000/- was financed by Tata Motors finance Limited which included insurance and Registration charge.
The vehicle met an accident on 29.10.2011 in which the vehicle was badly damaged and the vehicle was brought in the workshop of opposite party no. 3 where the in-charge of workshop gave estimate of Rs. 6,23,111/- for repairing the damaged vehicle. The insurance company was also informed about the accident and insurance company appointed a surveyor and loss assessor for assessment of the loss. The surveyor submitted final report dated 21.11.2011 to the insurance company stating therein that the vehicle is repairable and assessed the loss as Rs. 1,61,141/-. However, the claim of complainant was repudiated by the insurance company on the ground that on the date of accident, the vehicle was plying without registration.
After hearing both parties and considering the evidences available on record, the District Consumer Forum has held that complainant had paid entire amount such as registration charge, insurance amount at the time of delivery of vehicle and on the date of accident, there was valid registration certificate which was issued on 24.10.2011 and set aside the order of repudiation and directed insurance company to pay amount of Rs. 1,60,141/- to the complainant as per report of surveyor and loss assessor.
Aggrieved by the quantum as assessed by the surveyor and accepted by the District Consumer Forum, complainant-appellant has filed this appeal for enhancement of compensation amount granted by the District Consumer Forum, Patna.
It is submitted on behalf of appellant that copy of surveyor report was never provided and no opportunity was granted to the complainant to file objection against the surveyor report. Neither surveyor report nor the repudiation letter was enclosed with written statement.
The surveyor report is not the final piece of evidence to be believed without considering other facts of the case. The surveyor report is neither binding on the complainant nor on the court and complainant has a right to challenge the loss assessed by the surveyor in its final report. In present case the estimate of repair prepared in the workshop is Rs. 6,23,111/- as such complainant has a right to challenge the final survey report on basis of which loss has been assessed by the surveyor and accepted by the District Consumer Forum without granting any opportunity to the complainant-appellant to challenge surveyor report.
For the reasons as stated above, the judgment and order passed by the District consumer Forum is partly set aside to the extent, district Consumer Forum has accepted the surveyor’s report and directed insurance company to pay amount of Rs. 1,60,141/- as loss assessed by the surveyor and case is remanded to the District Consumer Forum with liberty to complainant-appellant to challenge the surveyor report and District Consumer Forum shall pass appropriate order afresh in accordance with law with respect to loss suffered, on the basis of materials placed before the District Consumer Forum including the surveyor report.
The appeal is allowed to the extent as indicated above.
Ram Prawesh Das Sanjay Kumar, J
(Member) (President)
Md. Fariduzzama
