BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  :20 of 2010

Date of Institution :13.01.2009

Date of  Decision   :14.05.2010

Rajesh Vig s/o Sh.S.P.S.Vig, R/o H.No.1400, Sector 15, Panchkula through his Special Power of Attorney Sh.Rajinder Singh s/o Sh.Ajit Singh, R/o 651, Sector 11, Panchkula.

 ……Complainant

V E R S U S

1]     Oriental Insurance Company Ltd., through its Managing Director, Head Office A-25/27, Asafali Road, New Delhi

2]   The Divisional Officer, Oriental Insurance Company Ltd., SCO 48-49, Sector 17-A, Chandigarh.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Sh.D.K.Singal, Adv. for complainant.

Sh.G.S.Ahluwalia, Adv. for OPs.

PER MADHU MUTNEJA, MEMBER

        In the instant case, a complaint has been filed by Sh.Rajesh Vig – Complainant under Section 12 of Consumer Protection Act claiming full insured amount for a lost Laptop and Handy-cam from OPs along with compensation for harassment. 

        The facts of the case are as under.

1]      The complainant had purchased one Sony Vaio Laptop (Model No.VCN 5258) bearing Sr.No.7000458 and one Sony Handy-cam (Model No.DCR SR 300) bearing Sr.No.575449 on 8.11.2007 for a total sum of Rs.1,84,990/- as per bill Ann.C-2.  The complainant had got the said Laptop and Handy-cam insured from OPs vide Cover Note dated 8.11.2007, a copy of which is at Ann.C-3. The complainant had gone for a visit to Delhi. During his trip to Delhi, the said Laptop and Handy-cam were stolen from his car on 21.6.2008. Copies of FIR No.179, dated 23.6.2008 registered at Police Station Daryagang, New Delhi and untraced report from S.H.O. have been annexed as Ann.C-4 and C-5.  The complainant then filed a claim with the OPs to claim the insured amount.  However, only a sum of Rs.97,592/- was paid to him.   Despite various representations and legal notices, the OPs are unwilling to pay the rest of the amount. Hence the present complaint.

2]      The OPs in their reply have admitted that the complainant had taken an insurance from them for the lost articles as per cover note dated 8.11.2007.  When the complainant filed his claim on account of loss of articles, they sanctioned and disbursed an amount of Rs.97,592/- to the complainant in full and final settlement of his claim.  The receipt duly signed by the complainant has been placed as Annexure R-1.  Denying rest of the allegations, a prayer has been made for dismissal of the complaint.

3]      We have heard the learned counsels for both the parties and perused the evidence led by both parties in support of their contentions.

4]      At the time of arguments, the Advocate for OPs was questioned about how the disbursed amount of Rs.97,592/-  was fixed. He has told that this amount was in compliance with the Surveyor’s Report dated 13.3.2009.  He was asked to bring the Surveyor’s Report, which has now been placed on the file.

5]      We have also gone through this report.  A perusal of this report shows that the Surveyor has valued the Laptop and Handy-cam as per the current market rate/value and not as per the purchase value.  It is a common knowledge that the market rate/value of an electronic item gets reduced with the passage of time as new and better models are coming into the market everyday.  However, this assessment of the Surveyor cannot be accepted since the items were insured at the purchase price and insurance premium was also charged on the purchase value.  The OP cannot now turn back and say that the items be assessed at current market rate/value. 

6]      The Surveyor has also deducted depreciation on the current market value of the items at the rate of 20%.  There is no clause to this effect anywhere on the policy.  However, taking a reasonable view, we may grant depreciation @10% per annum on the insured amount for 7 months only.

7]      This complaint, is therefore allowed as under:-

i)       The OPs are directed to pay the balance insured amount (Rs.1,84,990–Rs.97592/-) to the complainant after deduction of depreciation at the rate of 10% per annum on the full amount for 7 months only.

ii)    OPs are also directed to pay Rs.10,000/- as compensation to the complainant for deficiency in service and harassment for a very simple case.

iii) OPs are further directed to pay Rs.5000/- to the complainant as cost of litigation.

This order shall be complied with within 30 days from the date of receipt of its certified copy, failing which the OPs shall pay the entire aforesaid amount along with interest @12% per annum from the date of order till the date of realization.

8]     Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

14.05.2010                                     Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                             Sd/-

(MADHU MUTNEJA)

MEMBER

‘Om’