O R D E R :-( per Mr. B.R. Chandel, President )
Admittedly, the complainant Shri Rattan Chand Chauhan is the registered owner of Chevrolet Tavera No. HP-01H-0413 Maxi Cab which was insured with the opposite party vide insurance policy Annexure R-3 w.e.f. 22-02-2012 till 20-02-2013 which met with an accident on 23-07-2012. The opposite party was intimated accordingly. The opposite party appointed Er.Madan Lal Katana to conduct survey and assess the loss who accordingly conducted survey and assessed the loss at Rupees 23,475/- vide report Annexure R-2 dated 21-09-2012 against the claimed loss of Rupees 91,350/-. The said report was submitted by him before the opposite party. But the opposite party did not settle the claim hence the complainant filed the present complaint on 14-02-2013.
2. In view of the above stated undisputed facts, the complainant on the strength of this complaint has claimed that the opposite party be directed to pay Rupees 73,150/- as indemnity amount and Rupees 10,000/- for harassment and mental agony on the grounds that he got the vehicle in question repaired by spending Rupees 73,150/- on the strength of cash memos Annexure C-1 to Annexure C-3. But the opposite party failed to pay the said amount in spite of several requests made by him which amounts to deficiency in service.
3. The opposite party disputed the said claim and has set up the defence that the opposite party appointed Surveyor Er. Rattan Lal Katana to assess the loss who submitted his report vide which the complainant was found entitled for compensation amounting to Rupees 23,800/- upon which the claim of the complainant was settled at Rupees 23,800/- on 14-02-2013 which was finally passed on 14-04-2013, hence the claim of the complainant was never repudiated by the opposite party and as such the complainant has no cause of action to file the complaint.
4. As already stated above, the accident took place on 23-07-2012. The opposite party was intimated accordingly. The opposite party processed the claim of the complainant. During the course of said process and before repudiation of his claim the complainant filed the present complaint on 14-02-2013 and as such in the opinion of this Forum, at the time of filing of the present complaint the complainant had no cause of action to file the same and as such the complaint is pre-mature, hence not maintainable.
5. During the pendency of this complaint the opposite party has finally settled the claim of the complainant at Rupees 23,800/- on 14-04-2013. The complainant has claimed a total loss of Rupees 73,150/- on the strength of cash memos Annexure C-1 to Annexure C-3, but those have not been legally proved nor the affidavit of the persons who prepared the said cash memos have been produced in evidence. The complainant has also failed to successfully dispute the authenticity, genuineness and correctness of the assessment made of the loss vide report Annexure R-2 by Er. Madan Lal Katana. Hence, this Forum is bound to conclude that the net loss has been correctly assessed by the opposite party at Rupees 23,475/- and the complainant is entitled to get the same.
6. No inordinarily delay has been caused by the opposite party in the settlement of the claim of the complainant, hence it cannot be concluded that the opposite party has committed unreasonable delay in the settlement of the claim.
RELIEF
In view of the findings recorded above, the complaint is dismissed. No orders as to cost. However, the opposite party is directed to pay the assessed amount of Rupees 23,475/- to the complainant forthwith, if not paid, failing which the complainant shall be at liberty to file a fresh complaint and claim interest on the same and cost of such litigation, if advised so. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, after its registration and due completion be consigned to the records.
ANNOUNCED AND SIGNED IN OPEN COURT
ON THIS THE 12TH DAY OF MARCH, 2015
(B.R. Chandel )
President
(Th. Digvijay Singh) ( Sushma Sharma)
Member Member
