Orissa

Cuttak

CC/213/2021

Dharanidhar Behera - Complainant(s)

Versus

National Insurance Co Ltd - Opp.Party(s)

B K Sinha

24 Nov 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.213/2021

         

Mr. Dharanidhar Behera,

S/o: Benudhara Behera,

Plot No.1114,Mahanadi Vihar,

Cuttack-753004.                                                          ... Complainant.

 

                                                Vrs.

1.       The Managing Director,

National Insurance Company Ltd.,

Regd. & Hed Office,3,Middleton Street,

                       Kolkata-700071.

 

2.       The Regional Manager,

National Insurance Company Ltd.,

Division Office,4^th Floor,IDCO Towers,Janpath Road,

BBSR GPO,Bhubaneswar-751001.

(Near Rupali Square).

 

3.       The Manager,

National Insurance Company Ltd.,

Cuttack Division Office-II,Mangalabag,

                      Cuttack-753001                                                          … opp.Parties

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

             Date of filing:     17.12.2021

Date of Order:   24.11.2023

 

For the complainant:           Mr. B.K.Sinha,Adv. & Associates.

For the O.Ps.              :           Mr. S.K.Mishra,Adv. & Associates.

 

Sri Sibananda Mohanty,Member.

          The case of the complainant in short is that he had insured his vehicle, Indica Vista bearing Regd. No.OR-05-AE-7217 with the O.Ps vide policy No.163100312010000082 and the said vehicle of the complainant met with an accident during validity period of the said insurance policy i.e. on 29.10.2020.  The further case of the complainant is that he had submitted his claim application before the O.Ps and on receipt of his claim application, the O.Ps had deputed a surveyor, who surveyed the vehicle by assessing the loss.  It is alleged by the complainant that on 16.12.20, he had submitted a bill amounting to Rs.80,636.76p to the O.Ps for his repair cost of the vehicle but the O.Ps had paid him only  Rs.28,800/- towards the claim amount.  The complainant had represented the O.Ps to reconsider his case by enhancing the claim amount but the O.Ps did not take any action.  As the O.Ps did not take any action, he had approached the Consumer Counselling Centre on 22.7.21 for redressal of his grievances but the O.Ps did not turn up.  Hence, he has filed the present case with a prayer for direction to the O.Ps to pay a sum of Rs.80,636.76p towards cost of  repairing and spare parts of his vehicle including labour charges.  The complainant has also claimed a sum of Rs.50,000/- towards compensation for his mental agony and a sum of Rs.10,000/- towards the litigation expenses.

          In order to prove his case, the complainant has filed copies of some documents.

2.       O.Ps no.1 to 3 has filed their written version jointly wherein they have admitted that a Private Car Package Policy bearing No.163100/31/20/100000282 was issued in favour of the complainant covering the risk of Indica Car bearing Regd. No.OR-05-AE-7217, which was valid from 4.5.2020 to 3.5.2021.  It is stated by them that the complainant lodged the claim with them to the effect that the insured vehicle met with an accident on 29.10.2020 near Jobra,Cuttack and  immediately, after receiving the intimation from the complainant, they had deputed a duly licensed Surveyor, Er. Arunda Udeswar Das for survey and assessment of the loss and the said surveyor submitted his final report assessing the net loss as Rs.30,100/-.  Thereafter, the O.Ps basing upon the surveyor report as well as taking into consideration the age of the vehicle and depreciation applicable for assessment of the loss has finally settled the claim of the complainant for Rs.28,800/- and paid the said amount to the complainant towards final satisfaction of his claim amount and as such it is stated by them that the complaint petition is not maintainable and liable to be dismissed.

          The O.Ps have also filed copies of several documents in order to support their stand.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

Out of the three issues, issue no.ii  being the pertinent issue in this case, is taken up  first for consideration here.

Admittedly, the complainant had a valid insurance policy bearing Policy No. 163100/31/20/10000082 covering the risk for the period from 4.5.2020 to 3.5.2021 which was issued by the O.Ps in favour of the complainant’s “Indica Vista Car” bearing Regd. No. OR-05-AE-7217.  It is admitted by the O.Ps that during the policy period i.e. on 29.10.20, the said vehicle met with an accident and the complainant intimated such fact to them.  It is alleged by the O.Ps that they had deputed a surveyor namely Er. Arunda Udeswar Das and the said surveyor gave his final report assessing the net loss at Rs.30,100/-, copy of which has been filed by the O.Ps before this Commission.  The O.Ps have paid claim amount of Rs.28,800/- to the complainant basing upon the policy condition, Surveyor’s report as well as taking into consideration the age of the vehicle.  The complainant had objected to the settlement made by the O.Ps.  Surprisingly, the O.Ps have filed copy of a different policy bearing No.163100311810004534.  The O.Ps in their written version have stated to have issued policy bearing No.163100/31/20/100000282, which is also a different policy no., so also the Surveyor had given his report basing upon that policy.  The Surveyor has not filed his evidence affidavit.  As such, the Surveyor’s report as filed by the O.Ps cannot be accepted.  However, the O.Ps on a later date has filed the copy of the present/exact policy.  As such it is held that the O.Ps have settled the claim without the Surveyor’s report.  The activities of the O.Ps mentioned above clearly reveals that they have acted in a negligent manner while settling the claim of the complainant.  The O.Ps also have delayed in settling the claim of the complainant.  In view of the above, it is held that the O.Ps have committed deficiency in service.

Issues no.i & iii.

The complainant has claimed compensation amount of Rs.80,636/-(App.) basing upon the estimate given by the repairer towards his repair charges.  As it is already held above that the Surveyor’s report cannot be accepted, the estimate given by the repairer is to be accepted in view of peculiar circumstances of the present case.  Thus, the O.Ps are liable to settle the claim of the complainant on the basis of estimate of Rs.80,636/- as given by the repairer.  As per the policy conditions, the complainant is entitled to get Rs.39,318/- after deducting 50% towards the depreciation value and policy excess amounting to Rs.1000/-.  The O.Ps have already paid Rs.28,800/- to the complainant.  Hence, the complainant is entitled to get balance amount of Rs.10,518/- towards the balance claim amount besides other relief.  As such the case of the complainant is maintainable before this Commission.   Hence it is so ordered;

ORDER

Case is decreed on contest against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to pay the complainant the rest of the claim amount i.e Rs.10,518/- with 8% interest from 7.1.2021, the date when the O.Ps disbursed the initial  claim amount.  The O.Ps are further directed to pay the complainant  a sum of Rs.20,000/- towards compensation for his mental agony and harassment, so also a sum of Rs.10,000/- towards cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 24^th day of November,2023 under the seal and signature of this Commission.         

                                                                                                                                                                                                                                                   Sri Sibananda Mohanty

                                                                                                 Member

                                                       

 

                                                                                       Sri Debasish Nayak

                                                                                              President.