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

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Complt. Case No :1023 of  2009

Date of Institution:    21.07.2009

Date of Decision  :    06.10.2010

Sohan Lal son of Sh.Dwarka Dass, Resident of Vill.Nada Sahib, Distt. Panchkula, Haryana.

……Complainant

V E R S U S

The Oriental Insurance Company Ltd., through its Authorized Signatory, SCO No.48-49, Sector 17-A, Chandigarh. 

.…..Opposite Party

CORAM:        SH.LAKSHMAN SHARMA                     PRESIDENT

                SH.ASHOK RAJ BHANDARI          MEMBER

                MRS.MADHU MUTNEJA                    MEMBER

PRESENT:    Sh.Devinder Lubana, Adv. for complainant

Sh.Navin Kapur, Adv. for OP.

PER MADHU MUTNEJA, MEMBER

                This complaint has been filed by Sh.Sohan Lal against Oriental Insurance Company Limited under Section 12 of the Consumer Protection Act, 1986. 

                The complainant had purchased a Tata Dumper bearing Regd. No.HR-68-6470 and got it comprehensively insured from OP vide policy Ann.C-1 effective from 10.6.2006 to 9.6.2007. Unfortunately on 11.8.2006 the said vehicle met with an accident and was damaged.  The complainant got the vehicle repaired from India Motors, Ambala-Kalka Road, Panchkula for  Rs.66,847/-. Photocopy of bills are at Ann.C-2.  The complainant had filed a claim with the OP vide Claim No.2008/9 under Police No.2007/991.  The OP vide letter dated 24.7.2007 allowed only Rs.996/- as claim amount.  The complainant approached the OPs many times to know the reason for refusal of the balance amount but no response was ever received from the OP.  The complainant then issued a legal notice dated 1.4.2009 to the OP demanding payment of the balance amount along with compensation.  When the OP replied to the legal notice, it is stated that it was found by the Investigator that the damage to the vehicle was not rhythmic to the version of the insured in respect of how the accident took place.  There were parts which were not covered under the policy and there were parts which were subject to depreciation.  The Surveyor had assessed the loan at Rs.996/-.  This amount had already been paid to the complainant.  The complainant was advised to withdraw the legal notice, which was passed on false and frivolous pleas.  The complainant has thus filed the instant complaint claiming the amount spent on the repair of the vehicle along with interest and cost of harassment and litigation.

2]             After admission of the complaint, notice was sent to the OP.

                The OP in their reply has admitted the issuance of policy for the said vehicle.  With regard to the alleged accident on 11.8.2006, it is submitted that when Sh.Sudhir Malhotra, Surveyor & Loss Assessor reached the workshop on 12.8.2006, the complainant had already started with the repairs of the vehicle.  The complainant insisted on Power Steering Gear Box but on visual inspection there was no external impact or injury mark on it to suggest any damage.  The complainant as well as repairers were not able to justify the damages to have been caused due to any accident.  The complainant was therefore requested by the Surveyor to contact the manufacturer i.e. Rane Components but despite three visits of the Surveyor to the authorized dealer of the manufacturer, the insured did not turn up.  Also the complainant took away the vehicle after completion of repairs from the workshop without even information the Surveyor.  The damages which were allowed by the Surveyor were Rs.996/- and the cheque for the same amount was prepared by the OP but the complainant was not ready to sign the receipt voucher.  A copy of the Surveyor’s report has been placed at Ann.R-2 and the cheque of Rs.996/- has been placed at Ann.R-3.  The OP has submitted that they had always ready to support the claim of the complainant as per assessment made by the Surveyor, who is an expert on the subject and there was no deficiency of any kind on their part.  They have therefore prayed for dismissal of the complaint.

3]             We have heard the ld.Counsel for the parties and have also perused the evidence/documents placed on record by the parties.

4]             The complainant has submitted that there was an accident on his vehicle and despite the repairer raising a bill of Rs.66,847/-, the insurer was only willing to pass a claim of Rs.996/- as per report of the Surveyor. 

5]             The ld.Counsel for the OP has submitted that the complainant after informing the OP took the vehicle to the repairer and started the repairs thereon even before the vehicle was inspected by the Surveyor.  The major amount spent on the repair/replacement of the part was of Power Steering Gear Box, the bill of which is at Ann.C-2.  The Surveyor on inspecting the vehicle at the site found that there was no external impact or injury mark on power steering gear box, hence it did not seem damaged due to accident.  Also the said part was well within the warranty period and the Surveyor had requested the complainant to contact the manufacturer or its authorized dealer for replacement of the said part under warranty.  The Surveyor had also gone to the authorized dealer of the manufacturer three times and call the complainant each time but he did not turn up even once. 

6]             It is apparent that the complainant was not interested in getting the part replaced from the manufacturer even though it was under warranty period and only wanted the insurer to pay the amount for the same. 

7]             We are of the opinion that we cannot go beyond the report of the Surveyor especially when he has clearly stated there was no external impact to show injury to the damaged part.  Moreover, the part was also under warranty.  In our opinion, only the amount assessed by the Surveyor should be payable to the complainant and nothing beyond it.  The OP has placed on record the copy of cheque (Ann.R-3) for Rs.996/- which they have offered to the complainant but he was not interest in taking the same. 

8]             In view of the above observations, we deem it fit to dismiss the complaint.  The complainant cannot demand more than what is due to him as per the report of Surveyor.  The OP has offered to pay him Rs.996/-.  He may take this amount from them whenever he wishes.  The complaint is accordingly dismissed.

9]                 Certified copies of the order be supplied to the parties free of any charge. The file be consigned to the record room after compliance.    

Announced

06^th Oct., 2010                                                            Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                                   Sd/-

                                       (ASHOK RAJ BHANDARI)

MEMBER

                                                                                                Sd/-

                                                    (MADHU MUTNEJA)

MEMBER

‘Om’