BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
C.C NO-93/2016
Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy, Member (W).
Pradyumna Kumar Patra, aged about 30 years.
S/O-Sushanta Kumar Patra.
R/O-Anguliapada, ,P.O/P.S- Ainthapali,
Dist- Sambalpur. …..Complainant.
Vrs.
- IFFCO-TOKIO, General Insurance Company Ltd,
Iffico Sadan C-,District Centre,Saket, New Delhi.
- The Branch Head,
IFFCO-TOKIO, General Insurance Company Ltd,
Purnabasi Niwas, Ainthapali, Sambalpur.…….O.Psp.
Counsels:-
- For the Complainant:- Sri H.C.Dani, Advocate & Associates.
- For the O.P-1 & 2 :- Sri B.K. Purohit, Advocate & Associates.
DATE OF HEARING : 03.03.2021, DATE OF ORDER : 12.04.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant is the owner of an Indigo Car bearing Registration No- OD-15-C-3451 and the vehicle was duly insured with the O.P-2 under the O.P-1 Insurance Company vide policy no-1-3UT68QZ on dtd. 22.09.2015 valid from 25.09.2015 to 24.09.2016. The said car was met with an accident on dtd. 18.10.2015 at about 5.00 pm at Jharsuguda turning while proceeding to Rairakhol from Deogarh and the Car was got completely damaged. A station Diary was made at Rairakhol Police Station vide SDE No-4378415 dtd. 18.10.2015. at the time of the accident the Car was having Insurance and the Owner Driver has a valid driving license. The Complainant has intimated the matter to the O.P-1 immediately. As per the instruction of the O.P-1 the Car was shifted to Maa Samaleswari Automobiles Sambalpur who is the authorised sales and service centre of Tata Cars. The O.P-1 had engaged one surveyor at the garage for survey of the damaged Car. The Car was repaired by the Service centre and a bill was raised to Rs. 2,62,071/-. The Complainant had submitted all but unfortunately the relevant documents for settlement of claim but the same was repudiated by the O.P-1 without assigning any reason. Hence the Complainant submits that the O.Ps has committed deficiency in service and they shall be penalised and relief may be granted to him as per the prayed.
That the O.P-1 & 2 stated that he had issued one Private Car Policy of Insurance to the Complainant bearing No-94146872 subject to certain terms and conditions. After receiving information about the damage to the insured Car on dtd.18.10.2015 near Dimirikuda, Rairakhol, the Insurance company engaged one IRDA Surveyor & Loss Assessor Mr. Manoj Hota to assess the loss who visited the spot and assessed the loss and the vehicle was shifted to the authorised repairer of Tata Motors, Maa Samaleswari Automobiles, Samblapur. The loss was assessed to Rs. 1,82,596/- after deduction of depreciation 45,184/- and salvage Rs.11,120/- and policy excess of Rs. 1,000/- and report was prepared accordingly. Thereafter the complainant was informed on dtd. 01.01.2016 and sent reminder on dtd. 22.01.2016 to submit the claim form and certain vehicular documents to consider and settle the claim after final inspection failing which the Claim would be treated as “Claim”. In spite of several reminders the Complainant has failed to submit the same and the Claim was closed by the O.Ps as “No Claim” The Insured submitted the documents. on dtd. 18.08.2016 after the closure of the Claim but did not produce the vehicle for final inspection of the Surveyor to confirm that the repairing was done in accordance to the damage caused to the vehicle in the said accident. As the Insured neglected in submitting the required documents as sought by the Surveyor and Loss assessor, he closed the case as “Nil Claim”. Hence he is not liable to be penalised and the case shall be dismissed on cost.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act.2019?
- 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 one Tata Indigo and got it Insured from the O.Ps on payment of Consideration. The O.P after being informed by the Insured in course of their duty, has deputed a surveyor and loss assessor to the spot as well as to the authorised service station to assess the loss and submission of report. The surveyor and loss assessor after final inspection has submitted a report assessing the loss to Rs.1,82,596 after deducting depreciation, salvage and amount towards policy excess. But it is seen that the Complainant has got the Car repaired from the Authorised Service station of Tata Motors and the bills issued are genuine. The judgment of Hon’ble Supreme Court reported in New India Assurance Company Limited vrs. Pardeep Kumar () is applicable to the facts of the present case, wherein it has been laid down that Surveyors report is not the last and final word. It is not that sacrosanct that it cannot be departed from; it is not conclusive. It is mentioned that the prices were taken from authorized dealer of Trishul Tread Pvt. Ltd., where genuine parts are available. This matter has been well settled in the case of Sh. Balbir Singh. vs Shriram General Insurance Co. ... decided on 22 November, 2018 by H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA. Again the dispute in this case is non submission of claim form by the Insured for settlement of Insurance claim even after several reminders. No evidence was placed by the Complainant/ Insured regarding the submission of claim forms and relevant documents with the O.P to settle the claim. Hence we order as under:-
ORDER
In these circumstances we are of the view that the present complaint deserves to be disposed of with the observations that the Complainant will submit the Claim Form along with all the relevant documents with the Surveyor again and the Surveyor will examine the vehicle afresh and give a report by comparing the prices quoted by the complainant in the estimate submitted by him along with the claim application and the prices he will get from the authorised repairer of Tata Motors, Maa Samaleswari Automobiles, Samblapur for the same vehicle, which is in question. The O.P is directed to pay the amount that will become payable after the fresh assessment after submission of required documents by the Complainant shall also carry same rate of interest i.e. 5% per annum with effect from 06.12.2016 till the date of actual realization.
Order pronounced in the open Court today i.e, on 12th day of April 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
