BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:348 of 2014.
Date of Institution: 12.12.2014.
Date of Decision:27.12.2016
Sandeep Yadav, aged 27 years son of Krishan, resident of Dabur Colony, Tosham Bye Pass, Bhiwani.
….Complainant.
Versus
- The New India Assurance Company Ltd. New India Assurance Bldg. 87, MG Road Fort, Mumbai-400001.
- The New India Assurance Company Ltd. B.O. (353602) Kurukshetra Dr. Sawhney Nursing Home, Pipli Road, Kurukshetra-322118.
…...Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Present:- Shri Virender Yadav, Advocate for complainant.
Shri Rajbir Singh, Advocate for Ops.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that he is owner of a vehicle Swift Car vehicle bearing registration No.HR-26BG/8371 and the same was insured with the Opposite Party no. 2 vide policy bearing No. 35360231130300005797, which was valid from 06.02.2014 to 05.02.2015 & paid total Rs. 12,270/- as insurance amount of the vehicle. It is alleged that the abovesaid vehicle met with an accident and the same was damaged. It is alleged that he intimated the respondent company and inspected the site & made the report about the accident. It is alleged that the respondent company paid only Rs. 22,000/- as claim of maintenance of insured vehicle, whereas the complainant is entitled to claim total maintenance amount of Rs. 39,420/- from the respondent company. It is alleged that he made many representations to the respondent company for disbursement of his remaining amount but they paid no heed on his request. He served a legal notice upon the Ops but gave unreasonable reply. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, worries and harassment. Hence, it amounts to deficiency in service on the part of opposite parties and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the OPs filed written statement alleging therein that the complainant has not come to this Forum with clean hands. It is submitted that after considering the report of surveyor and loss accessor the competent authority of the insurance company sanctioned claim to the tune of Rs. 22,300/- and the said amount was duly paid to the complainant and accepted by him in full and final satisfaction of his claim. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the counsel for complainant has tendered into evidence documents Annexure C1 to Annexure C-10.
4. In reply thereto, the counsel for opposite parties has tendered into evidence documents Annexure R1 to Annexure R-3 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsel for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant has lodged a claim of Rs. 39,420/- to the Ops for the damage caused to his vehicle in the accident. The OP has paid only a sum of Rs. 22,300/- against the said claim of the complainant. He prayed for the balance amount of the claim.
7. Learned counsel for the Ops reiterated the contents of the reply. He submitted that the surveyor vide his report dated 28.07.2014 Annexure R-2 assessed the loss at Rs. 22,300/-. Accordingly, a sum of Rs. 22,300/- paid to the complainant as full and final payment against his claim.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. Admittedly, a sum of Rs. 22,300/- has been paid by the Ops to the complainant as per the loss assessed by the surveyor in this report dated 28.07.2014. The complainant has not adduced any cogent evidence that the surveyor has wrongly assessed the loss. The surveyor report is an important document and cannot be brush aside in the absence of cogent evidence contrary to it. Considering the facts of the case, we do not find any substance in the complaint of the complainant and the same is hereby dismissed being devoid of merits. No order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 27.12.2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta)
Member
