ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant is the owner of the vehicle bearing Registration No. HR-47-N-0145 which was duly insured with the OP vide Insurance Policy No. 360200/31/09/6300004119 w.e.f. 4.2.2010 to 3.2.2010.
It is alleged by the complainant that the aforesaid vehicle had met with an accident on 18.3.2010 and had suffered some material damages.
It is further alleged by the complainant that he had submitted a claim of Rs.1,66,000/- as expenses incurred upon the repair of the aforesaid vehicle with the OP alongwith original bills.
It is alleged by the complainant that despite receiving all the documents relating to the aforesaid claim, the OP company has failed to release the amount to the complainant; on the contrary OP company had sent a letter dated 29.3.2011 intimating the complainant that his file was closed for the reason. “No response even after three reminders”.
Complainant wrote several letters to the OP and requested it for re-opening of his case, but all in vain.
Complainant, therefore, approached this Forum for the redressal of his grievance.
Complainant has been contested by the OP. OP has filed its written statement. It has denied any deficiency in services on its part. It has claimed that on receiving the claim, a surveyor had been appointed, who had assessed the loss to the tune of Rs55,268/- vide his report dated 16.7.2010 against the estimated loss of Rs.1,66000/-. It is further claimed by the OP that the claim of the Complainant was processed as per the term and condition of the Insurance policy. It has stated that the claim file had been lost in transit and it had written letters to the insured to resubmit relevant documents. It has stated that the complainant had failed to give response to their letters as a result of which it had closed his case. It has prayed that the complaint be dismissed.
Both the parties have filed their evidence by way of affidavits.
We have heard the arguments advanced at bar and have perused the record.
Having gone through the record, we find that the OP was deficient in rendering service to the complainant. As per the case of the OP , on receipt of the information about the accident, it had appointed a surveyor who had inspected the vehicle and had made an assessment of the loss to the tune of Rs.55,268/-. The OP has admitted that its file was lost in transit. If that was so, nothing remained to be done as far as the assessment and processing of the claim was concerned. The surveyor is supposed to be a neutral person and his report has to be accepted unless cogent reasons are given for the rejection of the same. No such reasons have been brought to allege on the record. The OP therefore ought to have paid the assessed amount to the insured rather than seeking information which had already been supplied to it.
We therefore hold OP company guilty of deficiency in service and direct it as under
- To pay to the complainant a sum of Rs.55,268/- (Rupees Fifty Five Thousand Two Hundred Sixty Eight Only) as assessed by the surveyor alongwith interest @ 12% p.a. from the date of assessment i.e. 16.7.2011 till payment.
- To pay to the complainant a sum of Rs.20,000/- (Twenty Thousand only) for pain and mental agony suffered by him.
- To pay to the complainant a sum of Rs.10,000/- (Rupees Ten Thousand Only) as a cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on.....................
