1. This is case of alleging deficiency in service on the part of the Opp. Parties on the ground of illegal repudiation of insurance claim.  

2. The factual matrix of the case of the complainant is that his Maruti vehicle bearing Regd. No. OD-33-AA-1215 was insured with the O.Ps vide policy no. 74002212309000123 valid from 09.01.2022 to 08.01.2023 under private car policy scheme and in the midnight of 22/23.02.2022 the alleged vehicle met with an accident and he informed about the accident to the O.Ps which was registered as claim no. 3122053220 and as per the instructions of one Soumya Ranjan Biswal of O.Ps, he shifted his vehicle to the authorized service center at Jeypore wherein the estimated bill was prepared for Rs. 43,013/- vide their invoice no. 6/BC/22000426 dated 15.04.2022.The allegations of complainant is on 28.02.2022 the insurance claim of complainant was repudiated by O.Ps on the ground that vehicle was dismantled prior to survey of the vehicle, whereas no surveyor was come forward to inspect the vehicle and in this regard several approaches and correspondences were got in vein.Thus showing deficiency in service on the part of O.Ps, complainant filed this case claiming insurance claim as per estimated bill, Rs. 1,00,000/- towards compensation and Rs. 20,000/- towards costs of litigation from O.Ps.

3. The O.Ps though appeared in this case through their Ld. Counsel on 13.04.2022 but did not choose to file their counter inspite ample opportunities provided to them.  However keeping in view of natural justice, the reminder also send to them on 27.09.2022 for filing of their counter versions fixing the date on 12.10.2022.  But the O.Ps without taking proper steps, remained silent for long time, which seems that the O.Ps have nothing to say in their support and we decided to proceed exparte hearing against the O.Ps.

4. Complainant filed certain documents in support of his submissions and claim raised.  Heard from the complainant at length and perused the case record.

5. From the record, it is ascertained that complainant insured his vehicle bearing Regd. No. OD-33-AA-1215 with the O.Ps under private car policy vide policy no. 74002212309000123 which was valid from 09.01.2022 to 08.01.2023 and the said vehicle was met with an accident in the midnight of 22/23.02.2022 and complainant also informed the same to the O.Ps which was registered as claim no. 3122053220.  It is also evident from the record that the vehicle was dismantled and the estimated bill was prepared for Rs. 43,013/- vide invoice no. 6/BC/22000426 dated 15.04.2022 of the concerned garage.  It is also evident from the record that on 28.02.2022 the insurance claim of complainant was repudiated by O.Ps on the ground that vehicle was dismantled prior to survey of the vehicle.  Since the O.Ps did not file their counter versions to make out any contradiction, the allegations of complainant remained unchallenged.   In this context we have gone through the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another that “Unrebutted averments shall be deemed to be admitted.”

6. From the record, it is also ascertained that the only reason for repudiation of insurance claim is that the alleged vehicle was dismentaled prior to survey work was carried out by the surveyor.  In this connection, we would like to make it clear that it is the duty on the part of O.Ps as and when they received the information about the alleged accident, they should immediate depute their authorized surveyor for survey / inspection of the accidental vehicle.  In this instant case, the O.Ps have well knowledge that the accident took place on 22/23.02.2022 and immediate after they receive such information, they should immediate depute their surveyor, but without deputing their surveyor, they simply received the required documents and photographs of the alleged vehicle.Had it is most necessary to dismental the vehicle after survey work is carried out, than the O.Ps ought to have taken immediate steps in that regard.Whereas the O.Ps must have their surveyor and loss assessor who could obtain the genuineness of the accident of the vehicle and its assessment even after the vehicle was dismentaled, but without doing so, they simply repudiated the insurance claim, which in our view is not justified.

7. Further from the record, it is also ascertained that complainant has filed the invoice towards repair for Rs. 43,013/- from the authorized service center vide their invoice no. 6/BC/22000426 dated 15.04.2022 which is also never been disputed at any time by the O.Ps due to non filing of counter. 

8. Further at the time of hearing, we heard from the complainant at length and ascertained that due to non settlement of insurance claim, complainant must have suffered mentally, physically as well as financially which result the present dispute.  Hence this order.

                                                                                                       ORDER

The complaint petition is allowed in part.  The O.Ps are herewith directed to settle the insurance claim amount on the basis of the invoice amount of Rs. 43,013/- alongwith compensation of Rs. 10,000/- for causing mental agony, physical harassment and financial loss alongwith Rs. 5,000/- towards costs of litigation to the complainant within 45 days from the receipt of this order, failing which the invoice amount of Rs. 43,013/- shall carry interest @ 10% p.a. from the date of this order till actual realization.

Pronounced in the open Court on this 7^th day of December, 2022.  Issue free copy to the parties concerned.