Haryana

Yamunanagar

CC/403/2013

M/S Asha Enterprises - Complainant(s)

Versus

OIC.Ltd - Opp.Party(s)

V.S.Sheoram

27 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                              Complaint No. 403  of  2013.

                                                                                              Date of institution: 30.5.2013.

                                                                                              Date of decision: 27.04.2016.

M/s Asha Enterprises, Punjabi Market, Khera Bazar, Jagadhri, Tehsil Jagadhri, District Yamuna Nagar through its Partner Sh. Akshay aged about 40 years. 

                                                                                                                                                                                                                                                                                                  …Complainant.

                                    Versus

1. The Oriental Insurance Co. Ltd. Branch Office: Opp. Hindu Girls College, Jagadhri Road, Yamuna Nagar, through its Branch Manager Sh. Sanjeev Madan.
2. The Oriental Insurance Co. Ltd. Divisional Office: Opp. Madhu Hotel, Jagadhri Road, Yamuna Nagar, through its Divisional Manager Sh. N.K. Goel.  

 

                                                                                                                … Respondents.

 

                         

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present:None for complainant.   

            Sh. Naveen Kaushal, Advocate, counsel for respondents. 

 

ORDER

 

1.                     Complainant filed this complaint under section 12 of the Consumer Protection Act 1986. 

2.                     Brief facts of the present complaint as alleged are that complainant Firm M/s Asha Enterprises, Jagadhri is the registered owner of one car make Volkswagen (Passat) bearing registration No. HR02-AB/5874 ( photo copy of RC as Annexure-A3) which was comprehensively insured with the OPs insurance company vide its cover note bearing No. 407513 valid w.e.f. 24.12.2012 to 23.12.2013. The car of the complainant met with an accident and badly damaged. OPs Insurance Company was immediately informed and a surveyor was deputed, who obtained the photographs of the damaged car at the spot and after that complainant was asked to get the said car repaired. After repairing the said car from M/s Badhwar Car Pvt. Ltd. Rohtak, complainant paid Rs. 1,62,670/- against the repair bill to Badhwar Car Pvt. Ltd. which is evident from copy of bill Annexure A-5. The complainant submitted all the bills and copy of RC, Insurance cover note and copy of driving license with the office of OPs Insurance Company and requested for payment of claimed amount. Thereafter, complainant received a letter from the office of OP No.1, which was to be signed by the complainant and after signatures, the complainant submitted the same with the office of OP No.1. After some day, the complainant enquired about his claim from the OP No.1 but the official of the OP No.1 told him that the file of the complainant has been sent to the OP No.2 for necessary action. In this way, the OPs have been harassing the complainant without any cause. When the OPs not released the genuine claim of the complainant, then the complainant got served a registered legal notice dated 22.4.2013 but all in vain. Since the OPs have not released the accidental damaged claim to the complainant despite receipt of all necessary documents, hence, there is a deficiency in service and unfair trade practice on the part of OPs. Lastly prayed for directing the OPs to release the payment of Rs. 1,62,670/- accidental damage claim in respect of car alongwith compensation and litigation expenses.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, as the complainant through its partner Sh. Vipin Kumar had received the claim amount on dated 12.06.2013, the said Vipin Kumar has also issued a discharge voucher in favour of the company for amount of Rs. 91028/- as full and final settlement. This Forum has no territorial jurisdiction, no locus standi, no cause of action, estopped by his own act and conduct and complainant has not approached this Forum with clean hands and has concealed the true and material facts and on merit,  it has been admitted that car in question of the complainant was insured with the OPs Insurance Company vide policy No. 261701/31/2013/9015 w.e.f. 24.12.2012 to 23.12.2013 (Annexure R-1). It has been further admitted that after receiving the intimation, the OPs Insurance Company deputed Sh. Vinod Kumar Wadhwa, Surveyor & Loss Assessor to assess the actual loss of the car, who submitted his report dated 03.03.2013 and assessed the total loss of Rs. 91028/- after deducting the salvage and depreciation etc, which is evident from copy of surveyor report Annexure R-3.  It has been further submitted that complainant submitted the bill of Rs. 1,62,670/- to the OPs Insurance Company. However, as per report of Surveyor/ loss assessor, Rs. 67,114/- was deducted as depreciation and Rs. 2000/- were deducted as policy clause and Rs. 250/- were deducted as salvage. Hence, Rs. 91028/- comes out and the same has been paid to the complainant on 12.06.2013. Rest contents of the complaint has been denied and lastly prayed for dismissal of complaint.  

4.                     As the complainant failed to lead any evidence despite so many opportunities, being last and with cost and ultimately, the evidence of the complainant was closed by court order vide order dated 29.03.2016. Even, from the last so many dates nobody was appearing on behalf of complainant. However, at the time of filing of complaint, complainant filed his short affidavit and documents such as Photo copy of Registered AD Legal Notice as Annexure A1, Postal receipt as Annexure A2, Photo copy of RC as Annexure A3, Photo copy of insurance cover note as Annexure A4, Photo copy of invoice issued by Badhwar Cars Pvt. Ltd. as Annexure A5 with the complaint in support of his complaint.

 5.                    On the other hand, counsel for the OPs tendered into evidence affidavit of Ashish Bhatnagar Branch Manager, OIC as Annexure RW1/A and documents such as Photo copy of insurance policy as Annexure R-1, Photo copy of claim form as Annexure R-2, Photo copy of surveyor report as Annexure R-3, Photo copy of discharge voucher as Annexure R-4 and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel for OPs and have gone through the contents of complaint as well as documents placed on file minutely & carefully. 

7.                     After hearing both the parties, we are of the considered view that there is no deficiency in service or unfair trade practice on the part of OPs as the amount of Rs 91028/-, assessed by the Surveyor and Loss Assessor has already been paid to the complainant. We have perused the Surveyor and Loss Assessor report (Annexure R-3) in which after taking into account all the aspects and as per terms and conditions of the insurance policy, an amount of Rs. 91278/- was assessed by the surveyor and after deducting an amount of Rs. 250/- on account of Salvage, the total amount of Rs. 91028/- has been paid to the complainant by the Ops Insurance Company as full and final settlement which is duly proved from the discharge voucher signed by the complainant through its partner Vipin Kumar as Annexure R-4. No expert report or any other cogent evidence has been filed by the complainant to controvert the report of the Surveyor and Loss Assessor and in the absence of any cogent evidence, we are unable to hold that the complainant is entitled to get more amount from the amount which has been assessed by the Surveyor. it is settled proposition of the law that credence should be given to the surveyor report and the complainant also failed to point out any discrepancy or ambiguity in the surveyor report. Furthermore, the complainant firm, through its partner Sh. Vipin Kumar, has also executed the discharge voucher (Annexure R-4) as full and final settlement for an amount of Rs. 91028/- on this account. As such, there is no merit in the present case of the complainant and the same view has been held in case titled as Rajan Ahirwal Versus IFFCO TOKIO General Insurance Company Limited, 2015 (3) CLT Page 154.

8.                     In the circumstances noted above, 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 within a period of 4 months.

 9.                    Resultantly, 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. 27.04.2016.

 

                                                                                                ( ASHOK KUMAR GARG)

                                                                                           PRESIDENT

 

 

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER