Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 151
Instituted on : 27.03.2019
Decided on : 19.07.2023
Ramesh Kumar age-32 years s/o Sh. Mehtab R/o Village-Pakasma, Distt. Rohtak.
......................Complainant.
Vs.
- Shri Ram General Insurance Co. Ltd. E-8, EPIP, RIICO, Sitapur, Jaipur through its Divisional Manager.
- Shri Ram Transport Finance Co. Ltd. 1st Floor, Ram Gopal Colony, Opp. Tilak Nagar, Near Haryana Motors & Jannat Banquet Hall, Rohtak.
...........…….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh. Ashok Kadian, Advocate for the complainant.
Sh. Gulshan Chawla, Advocate for the opposite party No. 1.
Sh. Parveen Sehgal, Advocate for the opposite party No. 2.
ORDER
VIJENDER SINGH MEMBER:
1. Brief facts of the case, as per the complainant are that the complainant is owner of Eicher 1110 vehicle bearing registration no. HR-46-C-8950, and same was insured with the opposite party No. 1 vide policy no.10003/31/18/284079 valid from 17.09.2017 to 16.09.2018. The vehicle of the complainant was financed with opposite party no.2. It is further submitted that at the time of the getting insurance policy the value of the vehicle was assessed as Rs.741925/- and an amount of Rs.42,560/- was paid by the complainant as insurance premium. On 19.06.2018, the above said vehicle of the complainant caught fire and was completely burnt. The complainant duly informed the incident to the officials of the opposite party no. 1 and also informed the local police. Thereafter the surveyor of the opposite party no. 1 inspected the vehicle and prepared survey report and vehicle was declared as total loss and as per instructions and consent of the surveyor the vehicle was parked at workshop. It is further submitted that he furnished all the required documents as asked by the officials of opposite party no. 1 and applied for the insurance claim amount. The officials of the opposite party no. 1 assured the complainant to disburse the claim amount in his favour after completion of all the formalities. As per the survey report, the vehicle is total loss and full insurance amount is to be paid as the damaged vehicle will be sold in scrap by the opposite party no. 1. It is further submitted that after some time the opposite party no. 1 has sanctioned only an amount of Rs.1,51,000/- in favour of the complainant. But the said amount was directly paid to the finance company instead of paying to complainant without the consent of the complainant. Whereas the complainant has paid a huge amount to opposite party no. 2 and opposite party no. 2 is not entitled for such amount of Rs.1,51,000/-. It is further submitted that complainant approached many times to opposite party no. 1 to disburse the full insured value/claim amount in his favour many a times, but the officials of the opposite party no. 1 did not pay any heed towards the genuine requests of complainant. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party No.1 may kindly be directed to disburse the insurance claim amount of Rs.7,41,925/- alongwith interest @ 18% per annum from the date of accident till the date of actual realization of the whole of the amount and to pay of Rs.100/- per day as parking charges and Rs.2500/- per day as income loss from the date of incident to the date of its realization. It is further prayed that an amount of Rs.1,00,000/- be awarded as compensation and an amount of Rs.11,000/- as litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No. 1 filed its reply submitting therein that they appointed surveyor Sh. Ashok Kumar to assess the loss to the vehicle. It is wrong and denied that there is total loss in the vehicle in question, as alleged. That independent surveyor Sh. Ashok Kumar submitted his detailed report showing the liability of opposite party to an amount of Rs.1,51,468/-, as the vehicle in question was in a repairable condition. It is wrong and denied that opposite party ever assured for disbursement of the claim, as total loss. They have paid an amount of Rs.1,51,468/- as assessed by independent Surveyor to the finance company in insured’s loan account on 01.09.2018. All the other contents of the complaint were stated to be wrong and denied and opposite party No.1 prayed for dismissal of complaint with costs. Opposite party no. 2 appeared and submitted its reply that complainant has not cleared the whole amount of the financed by the opposite party against the said vehicle. The amount of Rs.1,51,000/- was paid by the insurance company to them and the same has been adjusted in the account of the complainant and still an amount of Rs.6,07,025/- is due against the complainant which is to be paid by the complainant to them. As the vehicle was financed with the opposite party so the insurance company disbursed the claim amount rightly in favour of them. 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/A, documents Ex.C1 to Ex.C19 and has closed his evidence on dated 28.09.2021. Ld. counsel for the complainant also tendered documents Ex.C20 to Ex. C28 and closed his additional evidence on 07.06.2023. Ld. counsel for the opposite party No. 1 has tendered affidavits Ex.RW1/A & Ex. RW1/B, documents Ex.R1/1 to Ex.R1/4 and closed his evidence on 13.04.2022. Ld. Counsel for the opposite party no. 2 has tendered affidavit Ex. RW-2/A, documents Ex.R2/1 to Ex. R2/2 and closed his evidence on 02.05.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. We have minutely perused the documents placed on record by both the parties . In the present case the insurance company deputed surveyor Sh.Ashok Kumar to assess the loss to the vehicle in question and he submitted his report with the insurance company after showing the liability of the insurance company as Rs.151468/- and this amount has been paid by the insurance company with the financer of the vehicle i.e. respondent no.2 on dated 01.09.2018. Through this complaint, the complainant has demanded an amount of Rs.741925/- from the respondent no.1 as his vehicle comes under the category of total loss and he further demanded an amount of Rs.100000/- for mental tension & harassment and Rs.11000/- as litigation expenses. The perusal of documents shows that the vehicle is hypothecated with respodnentno.2. The vehicle was burnt during the intervening night of 19/20.06.2018 and regarding this incident a report has been registered in P.S.Sampla, District Rohtak vide Rapat no.30.06.2018. Perusal of this report shows that regarding the incident an intimation has been received in the control room on 30.06.2018. Meaning thereby the intimation regarding the incident has been given to the police authorities on the same day. As per the written statement and affidavit the intimation was also given to the insurance company regarding the loss on dated 20.06.2018. After receiving this information the independent surveyor Sh. Ashok Kumar , Surveyor and Loss assessor was deputed by the insurance company. Now the question is whether the vehicle of the complainant comes under the category of total loss. The complainant placed on record an estimate of repair as Ex.C4. This estimate has been prepared on 26.06.20218. In additional evidence some more documents and photographs have also been placed on record. As per certificate Ex.C20 the repair cost of the vehicle on dated 26.04.2018 was Rs.1362415/-. An affidavit to this effect was also placed on record by Jai Bhagwan proprietor of Shiv Shakti Motors, Hisar Road, Rohtak and submitted that the estimate was prepared by him. He further submitted that the vehicle was brought by the complainant in burnt condition and is not repaired till date and still lying in his workshop.
6. We have minutely perused the surveyor report placed on record by the respondent insurance company as Ex.R1/3. The surveyor has not mentioned the estimated cost of repair of this vehicle. The columns of the estimated cost are still blank. Only the assessed amount has been mentioned and net liability of the insurance company shown as Rs.151467/- by the surveyor. We could not understand that without estimating the amount or without repair of the vehicle how the surveyor came into the conclusion that the repair cost of the vehicle comes to Rs.151467/-. There are some standing guidelines issued by IRDAI regarding the assessment of the loss. The detailed final survey report, spot survey has not been placed on record by the insurance company. Moreover the final assessment could have been made if the surveyor had inspected the vehicle after repair. In the present case we could not understand how the surveyor came into the conclusion that the loss in the vehicle in question comes to Rs.151467/- without any estimate. As such the report is illegal and not authenticated. Photographs Ex.C15 to Ex.C18 and Certificate issued by Shiv Shankar Motors Ex.C20 which is supported with affidavit Ex.C21 and other documents placed on record by the complainant itself shows that vehicle comes under the category of total loss. Hence opposite party No.1 is liable to pay the IDV of vehicle after deducting the salvage value, which we have assessed as Rs.70000/-. The opposite party No.1 has already paid the amount of Rs.151487/- to the financer in the loan account of the complainant. Hence this amount should also be deducted from the IDV of the vehicle. As such opposite party is No.1 is liable to pay the amount of Rs.741925/- less Rs.70000/- less Rs.151487/- which comes to Rs.520438/-.
7. In view of the fact and circumstances of the case we hereby allow the compliant and direct the opposite party No.1 to pay the amount of Rs.520438/-. (Rupees five lac twenty thousand four hundred and thirty eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 27.03.2019 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. It is made clear that the alleged awarded amount shall be paid to the opposite party no.2 for settlement of loan account of the complainant and if after settlement of loan account, any amount remains as surplus, the same shall be paid to the complainant.
8. 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:
19.07.2023.
........................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
