Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 345.

                                                          Instituted on     : 01.08.2018.

                                                          Decided on       : 15.09.2021.

Gulab Singh son of Randhir Singh resident of VPO Karontha Tehsil and District Rohtak(Haryana).

                                                          ………..Complainant.

                             Vs.

Oriental Insurance Company Ltd. through its Divisional Manager, Model Town, Near D-Park, Rohtak.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:       Sh.Deepak Jain, Advocate for the complainant.

                   Sh.R.K.Bhardwaj, Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Present complaint has been filed by the complainant with the averments that complainant was owner of vehicle bearing no.               HR-46-D-7200 which was fully insured with the respondent company for the period 07.09.2016 to 06.09.2017 under policy no.61200/31/20-17.4040 and IDV of the vehicle was Rs.2200000/-. The alleged vehicle of the complainant met with an accident on 16.02.2017 and vehicle was totally damaged. The complainant informed the opposite party and the surveyor has assessed the loss of Rs.1748000/- out of IDV of Rs.2200000/-. The complainant was paid amount of Rs.1743330/- but has not given spot surveyor fee Rs.4670/- which was paid by the complainant and Rs.500/- on some other hand. The report of surveyor was received in the office of the respondent company on 29.06.2017 whereas the complainant has been paid his amount on dated 04.07.2018, without interest w.e.f. the date of receiving of final survey report till actual payment. The complainant was asked to complete certain formalities vide letter dated 12.02.2018 whereas the respondent company was under obligations to get the formalities completed at the earliest after receiving the final report.  It was the prime duty on the part of the respondent company to pay the amount as assessed by surveyor at the earliest after receiving the report but they have delayed in releasing the amount in the name of complainant and has caused financial loss to the complainant. As such there is deficiency in service on the part of opposite party and it is prayed that opposite party may kindly be directed to pay interest @ 18% p.a. on the paid amount w.e.f. the date of final survey report till actual payment and also to pay Rs.5170/- as surveyor fee etc. and Rs.50000/- as compensation on account of deficiency in service as well as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party who appeared and filed its written reply submitting therein that it is correct up to this extent that the vehicle met with an accident on dated 16.02.2017 and in final survey the surveyor assessed the net loss of Rs.1748000/- which was paid to the complainant as full and final settlement between the insurance company and the complainant. It is wrong that Rs.4670/- was not given of spot survey and Rs.500/- on other hand. Full payment was given to the complainant. It is also wrong that the complainant is entitled interest from 29.06.2017 to 04.07.2018 after full and final settlement. The delay, if any, is due to the fault of the complainant and not the company and after full and final settlement the complainant cannot raise any objections.  All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.  

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 21.01.2020. Ld. Counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R6 and closed his evidence on dated 19.03.2021.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                The complainant has placed on record documents i.e. a letter issued by the insurance company dated 12.02.2018. As per this letter they sought consent from the complainant to assess the loss of the vehicle in question as total loss on non standard basis i.e. amounting to Rs.1748000/-. They further requested to submit an affidavit regarding the vehicle in question and also demanded a discharge voucher duly filled by the complainant. The complainant has placed on record a survey report as Ex.C2 prepared by Rahman & Co., Engineer Valuer, Surveyor & Loss Assessor issued on dated 29.06.2017. On the other hand the respondent has placed on record copy of insurance policy Ex.R1, claim payment voucher of the respondent insurance company dated 26.06.2018  as Ex.E2, consent letter signed by the complainant dated 31.05.2018 as Ex.R3, Discharge voucher signed by the complainant as Ex.R4, letter dated 05.02.2018  issued by the insurance company Ex.R5 and Ex.R6 is the survey report of Rehan & Co. Ld. counsel for the opposite party has also placed reliance upon the ratio of law laid-down in III(2020)CPJ332 (NC)   titled as Shree Ambemata Industries  & Anr. Vs. New India Assurance Co. Ltd. and III(2015)CPJ503(NC) titled as New India Assurance Co. Ltd. Vs. Combined Medical Institute Private Limited.

6.                Through this complaint the complainant has demanded interest @ 18% p.a. from the insurance company w.e.f. the date of filing survey report till actual payment and further demanded an amount of Rs.5170/-  on account of surveyor fee allegedly paid by the complainant to the surveyor. The complainant further demanded an amount of Rs.50000/- on account of deficiency in service and litigation expenses.

7.                We have perused all the documents placed on record by both the parties. Ex.C1 is a copy of letter, through which the insurance company gave an offer to the complainant  to settle the claim on NOS Basis for an amount of Rs.1748000/- dated 12.02.2018. In reply to this letter the complainant has submitted a consent letter with the insurance company on dated 31.05.2018. Meaning thereby after a gap of approximately 3½ months after receiving this consent letter from the complainant the insurance company released the amount and transferred the same through NEFT on dated 26.06.2018. In our view when a consent was made by the complainant belatedly, in that situation the complainant is not entitled for any interest upon the settlement amount. Moreover  a discharge voucher has been issued by the complainant on dated 18.06.2018. At the time of arguments, ld. Counsel for the complainant has argued that complainant has spent an amount of Rs.5170/- on account of fee of surveyor but the complainant has not placed on record any document to prove this contention. As such there is no deficiency in service on the part of opposite party and accordingly the present complaint stands dismissed with no order as to costs.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

15.09.2021.

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                                                          Nagender Singh Kadian, President

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                                                          Tripti Pannu, Member.