DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
MAHARANA PARTAP BUS TERMINAL: 5th FLOOR.
KASHMERE GATE DELHI.
No. DF / Central/ 2015
Consumer Complaint No | : | CC 147/2013 |
Date of Institution | : | |
| | | |
M/s Trust House Construction Ltd
At 208,
Balgarden,
Srinagar,
J&K , Through its special power of attorney
Mohd. Maqbool Khan S/o Abdul Gaffar Khan,
R/o Village Wahthora Tehsil Chadura , District Budgaon
Jammu and Kashmir
..........Complainant
Versus
- M/s Oriental Insurance Co. Ltd
Through its Chairman,
At A-25/27,
Asif Ali Road, New Delhi
- M/s Oriental Insurance Co. Ltd
At 2E/16,
Swami Ram Tirath Nagar,
Jhandewalan, New Delhi
- M/s Oriental Insurance Co. Ltd
Through its Divisional Manager
At Sonawar
Srinagar Jammu & Kashmir ..........Respondent/OP
BEFORE
SH. RAKESH KAPOOR, PRESIDENT
NUPUR CHANDNA, MEMBER
V. K. DABAS, MEMBER
ORDER
Per Sh. RakeshKapoor, President
Page 1. Order CC 147/2013
The Present complaint can be disposed of on the basis of the affidavit filed on record on behalf of the Ops. On behalf of OP numbers 1 and 3 an affidavit has been filed by Sh. Rajeev Chopra Divisional Manager of the Ops insurance company. Paras 5, 6 and 7 are reproduced as under:
5.It is however reiterated that respondent had granted to the complainant “Contractors All Risk Insurance Policy” bearing No. 277201/44/2007/4. Insurance was effective for the period 04/9/2006 to 3/9/2007. Insurance was granted subject to standard terms and conditions which are applicable to suck like insurance policies. A copy of the schedule of this insurance policy is annexed Annexure R1 to this affidavit. In this schedule it is inter-alia duly written that in case any loss arises then the insured will itself have to bear loss of 5% of the claim. The complainant had lodged a claim with the respondent for indemnification of loss which had occurred on 02/5/2007. For assessment of the loss the respondent had appointed “M/s Protocol Surveyors & Engineers Pvt Ltd.” Who are duly licensed by IRDA to assess the loss.
6. This is an old matter and the relevant claim file was not readily available in the record of the respondent and as such on 18.12.2013 an interim reply/ application was filed before the District Forum in terms of which request was made to the this Hon’ble Forum to give additional reply on merit in the case as soon as the old record is traced.
7. It is submitted that the relevant record has been traced which also includes the survey report dated
Page 2. Order CC 147/2013
26.11.2007 submitted by the aforesaid surveyor to the respondent. This report is annexed as Annexure R2 to this affidavit. This report was submitted to the respondent for further consideration as per terms and condition of Contract of insurance entered into between the complainant and the respondent insurance company. In this report the aforesaid surveyor had assessed the loss as under:
Total length of project Road=1145R. meter
Total project cost of road =Rs 20,00,000/-
Therefore, Rate/ R mtr. =20,00,000/1145
=Rs 1,746.72
Based on above points our assessment of loss is as under:
Total length of Damaged portion of road= 254.6 Rm
Rate / Rm = Rs 1,746.712
Cost of Reconstruction= Rs (254.6 X 1746.72)
Total loss = Rs 4,44,715/-
Salvage Value
As some material can be reused for reconstruction of damaged road, therefore, we have made deduction of 10% on account of salvage value being fair and reasonable.
Salvage Value = 10% of 4,44,715/-
= Rs 44,472
Now assessed Loss = Rs (444715-44472)
= Rs 400243
Less Policy excess @ 5% = Rs 20012/-
Net Liability = Rs 380231
It is submitted that the answering respondent is willing to pay to the complainant the amount of Rs 380231/- as assessed by the surveyor in full and final settlement of all its claim. It is submitted that the above mentioned offer for settlement of the claim could not be made earlier to the complainantas the relevant papers including the aforesaid survey report were not traceable in the record of the respondent. Moreover complainant took its own time
Page 3. Order CC 147/2013
in submitting to the surveyor various documents/ information as sort by the surveyor in his various letters.
In view of what is stated herein above it is submitted that there is no deficiency of service on the part of the respondent.
A perusal of the aforesaid Paras in the affidavit filed by Sh. Rajeev Chopra makes it amply clear that on information received about the loss, the insurance company had appointed M/s Protocol Surveys and engineers Pvt Ltd to assess the loss. They had filed a report dated 26/11/2007 where by the loss had been assessed as Rs. 380231/-. The insurance company ought to have payment to the complainant in November 2007 after it had received the report of the surveyor but had failed to do so because the papers had been lost in its office. It is a clear case of deficiency on the part of OP insurance company as it had failed to pay the claim as assessed by the surveyor and loss assessor. We, therefore, direct OP1 as under:-
- Pay to the complainant a sum of Rs. 3,80,231/- along with interest @ 12% p.a. from the date of the surveyor report dated 26.11.2007 till payment.
- Pay to the complainant a sum of Rs. 20,000/- as cost of litigation.
The OP1 shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. IF the OP1 fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on.....................
(NUPUR CHANDNA) (DR.V.K.DABAS) (RAKESH KAPOOR)
MEMBER MEMBER PRESIDENT
Page 4. Order CC 147/2013
