Haryana

Charkhi Dadri

cc/91/2019

M/s. Saraswati Senoir Secondary School - Complainant(s)

Versus

Oriental Insurance Company Ltd. - Opp.Party(s)

Sh. Parveen Singh

14 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

                              

                                                Original Complaint No.: 16 of 2018 at Bhiwani.

                                                Date of Institution:  02.02.2018.

                                                RBT CC No.            91 of 17.09.2019

                                                Date of Decision:    14.06.2024

 

M/s Saraswati Senior Senior Secondary School, Behra (Obra), Tehsil Loharu, District Bhiwani, Haryana, through its Proprietor DayaNand son of Shri Amar Singh, R/o Bhera, Tehsil Loharu, District Bhiwani

                                                                   ….Complainant.

 

                                      Versus

1. Oriental Insurance Com. Limited Branch Office Near Bus Stand, Loharu Road, Charkhi Dadri, through its Branch Manager.
2. The Oriental Insurance Co. Limited Regional Office LIC Building, 2^nd Floor, Jagadhari Road, Ambala Cantt, Ambala

…...Opposite Parties.

 

          COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Sitting:        Hon’ble Shri Manjit Singh Naryal, President,

                   Hon’ble Shri Dharam Pal Rauhilla, Member,

 

Present:       Sh. Parveen Singh, Advocate for complainant.  

Sh. Rajbir Singh, Advocate for Opposite parties.

 

ORDER

                    The case of the complainant in brief, is that he is owner of a Vehicle bus Tata LP 909, bearing registration No. HR-61A/9204 which was insured with the respondent vide policy No.261204/31/15/000829 for the period 01.06.2014 to 31.05.2015. During the operation of the insurance policy the vehicle met with an accident and was badly damaged and FIR No.176 dated 21.11.2014 was entered in Police Station, Behal. Information regarding the alleged accident was given to the insurance company. The complainant has alleged that the vehicle was repaired and an amount of Rs.2,89,846.88/- were incurred on repairs. The Surveyor of the company inspected the above said damaged vehicle and assessed the cost of repair to the tune of Rs.1,34,945/- After completing of all the formalities the claim was submitted to the OPs but the insurance company has failed to make payment of the claim amount on false grounds. The complainant further alleged that he had also got served a legal notice through his counsel but of no effect. The complainant further alleged that due to the act and conduct of the OPs, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint.

2.                 On appearance, respondents filed written statement alleging therein that on receipt of intimation from the complainant the insurance company deputed Sh. Satish Kumar Yadav, Surveyor and Loss Assessor, Bhiwani for spot survey who submitted his report dated 08.12.2014. Shri Vinod Kumar Wadhwa an Independent Surveyor & Loss Assessor was also deputed by the OPs to assess the loss of the damaged vehicle. After thorough investigation, said Shri Vinod Kumar Wadhwa had assessed the loss to the tune of Rs.1,27,445/- less depreciation, salvage value of Rs.7500/- and excess clause.  After receiving the documents and investigation reports, the OPs company vide letter dated 11.08.2015 requested to submit the bills of repair but the complainant failed to submit the repair bill. The insurance company also sent reminders dated 04.09.2015, 25.11.2015 and 07.01.2016 with a request to submit the repair bills but the complainant failed to produce the same. Thereafter he submitted some bills but the same did not co-relate with the survey report and as such OPs company vide letter dated 18.04.2016 requested the complainant to send the repair bill within 15 days from the receipt of the letter , failing which the claim file shall be closed as “No Claim”, but the complainant did not take any action. Therefore, after considering the report of the Surveyor and other facts on record the claim file of the complainant was closed as “No claim” and conveyed to the complainant vide letter dated 15.12.2016. Hence, there is no deficiency in service on the part of OPs and complaint of the complainant is liable to be dismissed with costs.

3.                Sh. Dayanand, Proprietor has tendered affidavit Annexure CW-1/A and documents Annexure C1 to Annexure C13 and closed the evidence on 26.04.2019

4.                On the other hand, the opposite parties in support of their case  have filed affidavit Ex.RW1/A  and affidavit Ex.RW2/A of Shri Vinod Kumar Wadhwa, Surveyor & Loss Assessor, and tendered documents Ex.R1 to  Ex.R13 and evidence of the opposite parties was closed on 17.12.2019. 

5.        We have heard the arguments advanced by learned counsel for both the parties and gone through the material on record thoroughly and carefully.

6.                After hearing the learned counsel for both the parties and having gone through the material available on the records, we are of the considered view that the complaint of the complainant deserves acceptance, as there is deficiency in service on the part of the OPs.  Admittedly, the vehicle in question met with an accident during the operation of the insurance policy.  The claim of the complainant was “closed as no claim” on the ground that the complainant has not submitted the bills of repair. The insurance company is service provider and the complainant is consumer and genuine claim should be settled expeditiously based on basic documents made available and in absence of any supporting documents, the insurance company should rely upon report of the Surveyor and Loss Assessor appointed by the OPs. The insurance company ignoring reports of Surveyor and Loss Assessors has wrongly and illegally repudiated the claim of the complainant on false grounds. Moreover, the OPs in his written statement admitted that a loss to the tune of Rs.1,34,945/- was assessed by the surveyor for which the complainant is entitled to recover the same. We have perused the surveyor report Ex.R-3 dated 26.05.2015 submitted by Shri Vinod Kumar Wadhwa, Surveyor & Loss Assessor.  The surveyor has assessed the net liability of the insurance company as Rs.1,34,945/-. The surveyor Shri Vinod Kumar Wadhwa has also filed his sworn affidavit Ex.RW2/A and supported his report. In our view, the complainant is only entitled to get the amount of Rs.1,34,945/- as assessed by the surveyor vide his report Ex.R-3. The Hon’ble National Commission and Hon’ble State Commission in various authoritative decisions was held that the surveyor is the best person to assess the loss and his report cannot be brushed aside.

7.                     In view of the above-mentioned facts and circumstances, the complaint of the complainant is allowed with costs and the complainant is entitled to the repair charges and the respondents are directed: -

1. To pay Rs.1,34,945/- along with interest @ 6% per annum from the date of repudiation i.e. 15.12.2016 till its final realization.
2. To pay Rs. 5,000/- towards compensation for harassment and mental agony and Rs. Rs. 5000/- as litigation charges.

          The compliance of the order shall be made within 45 days from the date of receipt of certified copy of the order failing which the said amount shall also attract interest @12% p.a.  Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.