Jharkhand

Bokaro

CC/18/73

Bijay Pratap Singh - Complainant(s)

Versus

National Insurance Companay Ltd. - Opp.Party(s)

Sanjay Kapoor

21 Jul 2022

ORDER

District Consumer Commission, Bokaro.

Case No. 73/2018

 Date of Filing-21-06-2018

 Date of Order-21-07-2022

                             Before:-

                             Shri Jai Prakash Narayan Pandey, President

    Shri Bhawani Prasad Lal Das, Member

                                  Smt. Baby Kumari, Member

 

Bijay Pratap Singh S/o Late Deonandan Singh

R/o Sector- III E Qr.No.- 511, Bokaro Steel City, Bokaro 

Vs.

1. National Insuarnce Co. Ltd. , Sr. Divisional Manager, Bokoaro Divisional office, C-27, 2^nd floor, sheela Sadan, City Centre, Sec-4, B.C. City Cnetre, Sec-4, B.S. City, District- Bokaro

2. Senior Branch Manager, National Insaurance Co. ltd. Chas Branch Office, Natraj Mansion, Bye Pass Road Chas, 827013, Bokaro

-Order-

 Per- J.P.N. Pandey, President

1. Complainant has filed this case with prayer to direct the O.Ps. to pay the price of the tyre and tubes treating its price Rs. 20,900/- per set and also to pay Rs 70,000/- and Rs. 20,000/- as compensation and litigation cost respectively to the complainant.

 

2       Complainant’s case in short is that his truck bearing registration No. JH-09-M- 4308 was insured with O.Ps. (National Insurance Co. Ltd.) vide policy No.170401/31/13/6300014876 valid from 22.02.2014 to 21.02.2015 and said truck was stolen away on 30.08.2014 in the night at about 09:45 P.M. for which Galasi P.S. (Burdwan) Case No. 313/2014 dt. 01.09.2014 was registered and said truck was found lying uncared  on 04.09.2014 within Sarawan P.S. of Deoghar, District, which was later on released in favour of the complainant vide order dt. 18.09.2014 of CJM, Burdwan. Further case is that complainant filed claim before the O.Ps. in respect to theft articles of the truck and thereafter, surveyor has estimated the value of the loss to be paid to the tune of Rs. 1,23,750/- which was intimated to the complainant in the month of Oct. 2015. Further case is that complainant came to know that instead of calculating the price of the tyre-tubes @ Rs. 20,900/- per set, the surveyor has calculated it @ Rs.11000/- per set and after 50% depreciation he has recommended @ Rs. 5500/- per set which was objected then O.P. No.2 has informed to furnish actual price of it, which was later on furnished vide  annexure-8 annexed with this complaint petition but inspite of it there was no change in the price of the tyre-tubes by the O.Ps. Further case is that inspite of service of legal notice on 13.04.2018 there was no action, hence this case has been filed with above mentioned prayer.

3.    O.Ps. appeared and they have filed joint W.S. mentioning therein that case is time barred, complainant has suppressed material facts, complainant has not come with clean hands. Further reply is that occurrence took place on 01.09.2014 and case has been filed on 18.06.2018 after lapse of more than 4 years, hence it is time barred. Further reply is that inspite of repeated requests by writing several letters and discussion with both the parties the Insurance Co. was agreed to settle the claim on Rs. 1,23,750/- as full and final payment and complainant was directed to provide bank details which were not provided, hence having no alternative claim has been closed. Further reply is that after deduction of depreciation value for all rubber/nylon/plastic parts, tyres-tubes, battery and air bags @ 50% claim has been rightly assessed and legal notice has also been replied on 29.05.2018. Further reply is that claim is not within purview of Consumer Protection Act, hence it is liable to be  rejected.

4.  Now, point for consideration is that whether complainant is entitled to get relief as claimed or not?

5.    It is admitted fact that vehicle concerned was insured with the O.Ps. during the relevant period. Further admitted fact is that on information regarding missing of some of the articles of the vehicle concerned O.Ps. have appointed surveyor who has submitted report. It is also admitted fact that price of total ten set of tyres and tubes were to be reimbursed after deduction of 50% of its value. Another admitted fact is that O.Ps. have considered the facts raised by the complainant and after assessment they were ready to pay total Rs. 1,23,750/- to the complainant.

6.   Only dispute is in respect to the price of the tyre-tubes of the vehicle concerned and in respect to other items there is no dispute between the parties. As per insurance co. and surveyor’s report dt. 03.01.2015/03.05.2015 the value of the tyre and tubes per set is Rs. 11,000/- and as per complainant it is Rs. 20,900/- per set. As per surveyor he has assessed the total value of 10 sets of the tyre and tube to the tune of Rs. 1,10,000/- and after deduction of 50% of the value he recommended total Rs. 55,000/- as payable value of the 10 set tyre and tubes. As per complainant its value is Rs. 2,09,000/- and its 50% is Rs. 1,04,500/-. From perusal of annexure-7 it appears that it is the surveyor’s report and its genuineness is not in dispute. However, there is no basis of the surveyor regarding assessment of  price of the tyre and tube and inspite of all challenge O.Ps. have not brought any evidence to show that rate of the tyre and tube is exorbitant as it is shown by the complainant.  Annexure-8 filed by the complainant is the receipt by which price of 10 set of tyre- tubes has been mentioned Rs. 2,09,000/- . Therefore, by filings annexure-8 complainant has supported his claim which has not been controverted by the O.Ps. by filing any paper in support of their contention as mentioned in the W.S. or surveyor’s report.

7. Though it is alleged that case is time barred but it has not been pressed, however, since it is related to limitation, hence I have taken up it for discussion. As per Annexure-A filed by the O.Ps. it is photo copy of letter dt. 13.10.2017 written by the O.Ps. to the complainant. Therefore, from 13.10.2017 this case has been filed within two years, hence it is well within prescribed limitation period after accrual of the cause of action on 13.10.2017.

8.   In light of above discussion I am of the opinion that  there is deficiency in service by the O.Ps. and complainant is entitled to get relief as prayed. Accordingly this point is being decided in favour of the complainant.

9.   In light of above discussion prayer of the complainant is being allowed in the following manner:-

O.Ps. are directed to calculate the price of the tyre and tube @ Rs. 20,900/- per set and to make payment to the complainant after its calculation and deduction of 50% of the value of the ten sets of the tyre and tubes along with value of other articles as it has been assessed/calculated by the surveyor. Such assessment and payment must be made within 60 days from receipt/production of this order. Further O.Ps. are directed to pay Rs. 5000/- as compensation and Rs. 2000/- as litigation cost within 60 days from receipt/production of this order.