Orissa

Rayagada

CC/138/2016

Sri Hemantha Golani - Complainant(s)

Versus

M/s Shriram General Insurance - Opp.Party(s)

Self

21 Aug 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No.138 / 2016.                                        Date.               . 2017.

P R E S E N T .

Sri GadadharaSahu, B.Sc.                                           President I/C.

Smt. Padmalaya Mishra, LL.B.                                     Member

Sri Hemanth Golani , Managing Partner of M/S. Sri  Jagannath Transport Corporation,  Po: Dist: Rayagada, State:  Odisha.                                                                                                                                                                                                   …….Complainant

Vrs.

1.The Manager, Shriram General Insurance Company Ltd. E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajstan- 302022.

 

2. The Manager, Shriram General Insurance Company Ltd., Lewis Road, plot No. 2863/3719, Near Raja Rani Petrol Pump, Bhubaneswar- 751062, Dist: Khurda, (Odisha)751062.                                                                                                                                  

                                                              .…..Opp.Parties

Counsel for the parties:                                 

For the complainant: - Self.

For the O.Ps:-  Set exparte.

                                                J u d g e m e n t.

          The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non settlement of insurance claim towards repair of crane a sum of Rs.2,00,000/-.  The brief facts of the case  has summarised here under.

 

          That the complainant is having a CRANE registered as CG-04-DM-2264 having the Engine No. S 433 A 14222, chasis No. 19581184117 Escorts- Hydra   10 model Crane diesel to use in his business.  The said crane is duly insured with the  O.P  and  they have their local office at Rayagada controlled by  the O.P. No.2 and its head office at  Jaipur, Rajastan State vide policy No. 331008/31/16/001211 valid for the period from  13.11.2015 to 12.11.2016.   On Dt. 28.1.2016 when the Crane was operating for unloading at Jeypore, Dist: Koraput at 11.30 A.M. it has cap sided (turned down) and caused  heavy damage to the machinery. Immediately  it was brought the notice of the O.Ps through  their loal office and with  the advise and direct supervision of the employee of the O.P. Mr. Bipin Patra, the local  Mechanic Ch.Surya  Rao, Crane mechanic works attended the accident Crane and given preliminary repair  to the Axils and bearings of the said crane  for which a sum of Rs. 13,500/- was  paid in his presence on Dt. 4.2.2016. He has also further advised to obtain an estimate of the repair charges and it was also submitted and instructed the complainant to proceed with the repair within the said amount shown in the estimate and they will arrange payment. That the repair charges for the cabin alone comes to Rs.1,12,404/- and the cost of spare parts Rs.50,500/- in addition to the  amount paid on Dt. 4.2.2016 and also purchased other accessories  cost of which is more than Rs.40,000/-. As per the advise of the O.Ps officials  the original bills were delivered to their  staff Mr. Bipin Patra on Dt. 21.3.2016 and also sent to the O.Ps through E-Mail.  On getting the same the O.Ps abruptly settled the claim at Rs.35,000/- without considering the actual expenses made for the purpose as per the instructions  of their own staff Mr. Bipin Patra and the claim is within the estimate approved by the O.Ps. When the claim as well as the bills were submitted as per the estimate approved  by their own person and as such reduction of the said claim to a megre sum of Rs.35,000/- by the O.P. is an unfair trade practice.  Hence this case. The complainant prays the forum direct the O.Ps  to settle the claim at Rs.2.00,000/-  the amount spent for the purpose of repair as per the  vouchers and such   other relief as the hon’ble forum deems fit and proper for the best interest of justice.

 

          On being noticed the O.Ps neither appeared nor filed written version. Hence the  O.Ps  were set exparte  to close the case in time.

 

          Heard from the complainant. Perused the complaint petition, vouchers, documents filed by the complainant.

 

                                                          FINDINGS.

 

            During the exparte  hearing the complainant examined himself and proved the payment  of the  money  to the  shop towards repair of the damaged Crane. The complainant also argued  due to non payment of the  repair cost as per voucher the complainant suffered a lot of financial trouble  and mental agony. The complainant prays the forum as the  O.Ps  not heard any  grievance of the complainant till date   so the  O.Ps  be  directed   to settle the claim at Rs. 2,00,000/-  the amount spent for the purpose of repair as per the  vouchers.

In  the absence  of any  denial  by  way  of  written  version  from the side  of the O.Ps. it is  presumed that the allegations  levelled against   the  O.Ps. deemed  to have  been  proved.    The  complainant   had  paid  insurance premium   for the good service  as per  policy condition  which  intended      with the O.P and the  said payment is  made for the consideration for the insurance  service.  When the O.Ps  have failed to  give such service  as per policy bond   for   which  the O.Ps  have   received   the  amount.   It is  deemed that the  O.Ps   were   callous to the allegations  and it amounts  to deficiency  of service.

In the  present case  the O.Ps  are jointly and several liable.

Hence to meet  the  ends  of  justice,  the following   order is  passed.

                                                            ORDER.

            In the result with these observations, findings  the complaint petition is allowed in part  on exparte against  the O.Ps

            The O.Ps are ordered to   pay  Rs. 2,00,000/- to the complainant towards   the amount spent for the purpose of repair of insured  damaged Crane  as per the  vouchers.        

            The O.Ps are  ordered to comply the above direction within 45 days from the date of  receipt of this order. Serve the copies of the order to the parties.

Dictated and corrected by me

Pronounced on this                     Day   of                2017 .          .

 

                                               

                                    MEMBER.                                                        PRESIDENT.