Jharkhand

Bokaro

CC/16/128

Neeti Kumari - Complainant(s)

Versus

Regional Manager, The New India Assurance Company Ltd. - Opp.Party(s)

Rajesh Pratap singh

20 Apr 2019

ORDER

This Complaint has been filed by the complainant Neetu Kumari for a claim of Rs. 4,45,086/- with 18% interest along with compensation of Rs. 10,000/- and litigation cost of Rs. 10,000/-.

2          The case of the complainant in short is that complainant has purchased a TATA MOTOR/ Indigo CS LX TDI in the month of November 2012 having reg. No. JH09T- 6537. The Vehicle was financed by the Mahindra Finance Service Ltd. and was insured by the O.P. Insurance Co. M/s New India Assurance Co. Ltd for one year from 27-11-2013 to 26-11-2014 with policy No. 54080531130100002410 in which the insurance Co. assured Rs. 4,95,000/- as a value of the vehicle.

            It is further stated that on 29-11-2014 vehicle met with an accident in Purulia District of West Bengal. The information of accident along with all documents submitted to O.P. No.1 on 24-02-2014.

            It is further stated that Insurance Co. appointed two Surveyors serially for assessment of the accidental vehicle. Surveyor assured the loss of the vehicle for Rs. 4,45,086/- after deduction of the salvage value of the vehicle which has been assessed as Rs. 50,000/-.

            It is further stated that after leaving he vehicle at the Purulia (M) Police Station and approached several  times to the office O.P. New India Assurance Co. ltd. for payment of Rs. 4,45,086/- but every time the office bearer of the company denied the complainant on one pretext or other, hence this case  is filed.

3          The following documents have been filed by the complainant in support of case:-

            Anx-1- Copy of Policy Certificate.

            Anx-1/1- Copy of money Receipt of Insurance.

            Anx-2- Copy of Information letter to O.P.

            Anx-3- Copy of Legal Notice dt. 06-06-2016.

4          After issuance of notice O.P. appeared and filed W.S.

            It is stated that this case is not maintainable in this form and there is no cause of action arose against the O.P.

It is further stated and admitted that the vehicle of complainant vide Reg. No. JH09T/6537 having its insurance Policy from 27-11-2013 to 26-11-2014 met with an accident on 29-01-2014.

            It is further stated that as per Surveyor Report, O.P. wants to settle the claim but the Complainant did not inform the insurance Co. after lapse of more than one year and whether vehicle has been retained or not and complainant had not submitted the original bills/ cash memo of the vehicle.

On 02-03-2016 a letter has been given to the Complainant vide letter no. 540808/MID/2016 but till the date the applicant did not submit the original Bill/ Cash memo and there is no communication from the complaint and hence this O.P. is not liable for any claim or Compensation and this complaint petition is liable to be dismissed.

            A copy of the surveyor report  is filed in support.

F I N  D I N G S

5          We perused the record and hold that the complainant is a consumer having taken the insurance on payment of her Car and the dispute is a consumer dispute.

6          This fact is admitted by O.P. that the vehicle of the complainant met with an accident and a surveyor was appointed for assessment of the loss. The Surveyor report has been filed by the O.P. in which surveyor has assessed the total loss as Rs. 4,45,086/- ad after deduction of salvage value Rs. 50,000/- and compulsory deduction of Rs. 1000/- , the net liability have been fixed Rs. 3,94,086/-. Therefore, we did not found any error in the calculation of the surveyor assessment having considered the total loss of the vehicle in the assessment and crossing the repair value of Rs. 75% of the sum assured.

            Therefore, we hold that the O.P. National Insurance Co. Ltd. Is liable for deficiency in service for not paying to the complainant a sum fixed by the surveyor appointed by O.P.

7          Therefore, we allow the part claim of the complainant and O.P. National Insurance Co. Ltd. is hereby directed to pay Rs. 3,94,086/- (Rs. Three lac ninety four thousand eighty six) only with interest of 10% per annum since the date of report of the surveyor i.e. 12.09.2014 to the complainant.

            O.P. is also directed to pay compensation of Rs. 5000/- (Rs. Five thousand) only for mental harassment and Rs. 3,000/- (Rs. Three thousand) only as litigation cost to the complainant.

            All the payment must be paid within 60 days from passing of this order, failing which the rate of interest on the main claim amount shall be enhanced to 15% per annum till realization.