Haryana

Yamunanagar

CC/288/2013

Balideen S/o Nasirudeen - Complainant(s)

Versus

OIC Ltd. - Opp.Party(s)

S.S.Saini

01 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                      Complaint No. 288 of 2013.

                                                                                      Date of institution: 25.04.2013

                                                                                      Date of decision:01.06.2016.

Balideen (60) son of Nasirudeen, resident of village Kalyanpur Antari, P.O. Sadhaura, Tehsil Bilaspur, District Yamuna Nagar. 

                                                                                                                                                       …Complainant.

                                                  Versus

 

1. Divisional Manager, The Oriental Insurance Company Ltd. Jagadhri, Opposite Madhu Hotel, Jagadhri Road, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar.
2. The Oriental Insurance Company Ltd. having its Registered and Head Office at Oriental House, Asaf Ali Road, New Delhi through its M.D./Chairperson/Authorized Signatory.                                                                                                                                                                                                                                                                                                    …Respondents.

 

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Surjit Singh Saini, Advocate, counsel for complainant.  

                Sh. Sushil Garg, Advocate, counsel for OPs.            

             

ORDER

 

1.                     Complainant Sh. Balideen has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondents ( hereinafter referred as OPs) be directed to make the balance payment of claim amount of Rs. 11025/- alongwith interest on account of damage to the motorcycle in a road side accident and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the complaint, as alleged by the complainant, are that  the complainant is registered owner of the motorcycle bearing registration No. HR71-B-2602 which was comprehensively insured with the OPs Insurance Company vide its cover note No. 308668 valid from 17.01.2012 to 16.01.2013 for a sum of Rs. 35900/- The Motorcycle of the complainant met with an accident two times firstly on dated 11.11.2012 and secondly on 4.12.2012 in a road side accident when the complainant was coming to Sadhaura from his village, due to which motorcycle of the complainant badly damaged. Intimation of the damaged motorcycle in accident was reported to the OP No.1 Insurance Company for each claim and the OPs Insurance Company deputed Surveyor and Loss Assessor every time and they submitted their reports to the OPs Insurance Company. Firstly the complainant got repaired his motorcycle from Dang Automobile and paid an amount of Rs. 8670/- but the Ops insurance company paid only Rs. 1757/- to the complainant vide cheque No. 158409 dated 23.03.2013. Secondly, the complainant got repaired his motorcycle again from the Dang Automobiles, Sadhaura and paid Rs. 10074/- as per bill No. 757 dated 06.12.2012 but the Ops Insurance Company again paid only Rs. 5967/- vide cheque No. 158408 dated 23.03.2013. In this way, the OPs Insurance Company paid the less amount for both the claims which is totally illegal and the complainant is entitled to get full amount i.e. remaining amount of Rs. 11020/- ( 8670+ 10074- 1557+ 5967) from the OPs Insurance Company but the OPs Insurance Company has flatly refused to pay any heed to the genuine request of the complainant. Hence this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complainant has no cause of action to file the present complaint because the OPs Insurance Company had already made the payment of claim duly submitted by the complainant as per strict terms and conditions of the Insurance Policy and loss assessed by the Surveyor and Loss Assessor vide their reports; no deficiency in service; no locus standi; complainant has concealed the true and material facts from this Forum; no jurisdiction and on merit it has been admitted that motorcycle bearing registration No. HR71B-2602 was duly comprehensively insured with the OPs Insurance Company for a sum of Rs. 35,900/- vide its cover Note No. 308668 w.e.f. 17.01.2012 to 16.01.2013. Rest contents of the complaint has been denied being wrong and incorrect. However, it has been further admitted that the Surveyor & Loss Assessor were deputed and they assessed the loss on account of damages to the motorcycle in question for 2 times amounting to Rs. 1759/- for first time accident and 5967/- for the second time accident and this amount has already been paid by the OPs Insurance Company vide cheque No. 158409 and 158408 dated 23.03.2013 respectively to the complainant. Lastly, prayed that as the claim of the complainant had already been settled, hence, there is no deficiency in service and complaint of the complainant is liable to be dismissed.

4.                     To prove his case, counsel for complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as Insurance Cover Note as Annexure C-1, Photo copy of receipt of payment amounting to Rs. 1762/-  dated 30.03.2013 as Annexure C-2, Photo copy of estimate bill as Annexure C-3, Photo copy of receipt of payment amounting to Rs. 5972/- dated 30.03.2013 as Annexure C-4 and bill of Dang Automobile as Annexure C-5 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. Ashok Aggarwal, Surveyor & Loss Assessor as Annexure RW/A, Affidavit of Sh Amarjot Singh Surveyor & Loss Assessor as Annexure RW/B and documents such as Photo copy of Surveyor & Loss Assessor report of Amarjot Singh Anand as Annexure R-1, Photo copy of claim forms as Annexure R-2 & R-3, Photo copy of discharge voucher as Annexure R-4, Photo copy of receipt of payment as Annexure R-5, Photo copy of receipt of payment as Annexure R-6, Photo copy of Insurance Policy as Annexure R-7, Photo copy of surveyor report of Ashok Aggarwal as Annexure R-8, Photo copy of claim form as Annexure R-9 and R-10, Photo copy of pass book as Annexure R-11, Photo copy of Authorization letter of complainant as Annexure R-12 and Photo copy of receipt of payment of Rs. 5967 as Annexure R-13 and R-14 and  closed the evidence on behalf of OPs.

6.                     We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely. The counsel for the complainant reiterated the averments mentioned in the complaint and prayed for its acceptance whereas the counsel for OPs reiterated the averments made in the reply and prayed for dismissal of complaint.

7.                     Learned counsel for the complainant argued at length that complainant has spent Rs. 8670/- on the repair of his motorcycle on account of accident took place on 11.11.2012 and also spent Rs. 10074/- on account of repair of his motorcycle for the accident took place second time on 04.12.2012 and in this way he was entitled to get total amount of Rs. 18744/- ( 10074+8670) from the OPs Insurance Company but the OPs Insurance Company has only paid a sum of Rs. 7724/- ( Rs. 1757+5967) which is totally illegal and the OPs Insurance Company is bound to make the remaining payment of Rs. 11020/- and draw our attention towards the estimate bill Annexure C-3 and Bill of Dang Automobiles amounting to Rs. 10074/- Annexure C-5.

8.                     On the other hand, counsel for the OPs Insurance Company hotly argued that the claims of the complainant have been correctly settled and an amount of Rs. 1757+ 5967 assessed by the Surveyor and Loss Assessor vide their reports Annexure R-1 & R-8 has already been paid to the complainant and nothing is due against the Ops Insurance Company. Learned counsel for the OPs further argued that the present complaint has been filed by the complainant after receiving the abovesaid amount as full and final settlement. Learned counsel for the Ops Insurance Company further argued that no cogent evidence has been filed by the complainant to controvert the reports of the surveyor and loss assessor. Lastly, prayed for dismissal of complaint.  

9.                     After hearing both the parties at length, we are of the considered view that there is no deficiency in service or unfair trade practice on the part of the OPs as the claim of the complainant has been rightly settled by the Ops Insurance Company and amount of Rs. 1757 and 5967/- assessed by the Surveyor & Loss Assessor has already been paid as full and final settlement to the complainant. The contention of the complainant that he has spent Rs. 8670 and 10074/- on repair of the motorcycle is not tenable to our mind as it is settled proposition of the law that credence should be given to the surveyor report in the absence of any discrepancy or ambiguity in the surveyor report. In the present complaint also, the complainant failed to file any report of expert surveyor and loss assessor to prove that the complainant had actually spent of Rs.  8670/- and 10074/- on the repair of motorcycle in question whereas OPs Insurance Company has filed surveyor reports Annexure R-1 & R-8 from which it is clearly evident that  complainant has suffered the loss to the tune of Rs. 1757/- and 5967/- respectively and the same was disbursed to the complainant vide discharge voucher Annexure R-4 & R-13.   Even the complainant has not pointed out any discrepancy or ambiguity in the Surveyor and Loss Assessors’ reports Annexure R-1 and R-8 respectively.

10.                   In the circumstances noted above, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.

Dated: 01.06.2016.     

           

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.