For the complainant:- Sri S.K.Patajhshi, and associates, Bhawanipatna
For the O.P.: Sri Santosh Kumar Panda,Advocate,Bhawanipatna.
JUDGEMENT
The facts of the case is that the complainant has filed this complaint alleging deficiency in service against afore mentioned O.Ps for non payment of repair bill of Rs. 74,228/- towards accident vehicle (New Bolero plus AC 2 WD vide its registration No. OD-08-E-8531) . The brief facts of the case are summarised here under.
. The facts of the complaint in brief is that the complainant had purchased one New Bolero plus AC 2 WD vide its registration No. OD-08-E-8531 for maintaining his livelihood. On Dt.24.12.2016 the complainant had opted packaged policy from the O.P. No.1 vide policy No.3373/00478793/000/00 for a period of 1 year which was valid from 24.12.2016 to 23.12.2017. On Dt. 26.5.2017 when the vehicle was going to Phulabani being driven by his driver Amit Kumar Sahu, met with an accident near Benarbahal under Tumudibandh police station. On the same day this fact was reported at the Tumudibandh police station vide station diary No.279 dt. 16.5.2017. Further the complainant had intimated to the O.Ps and the claim was registered vide claim No. 3373042434. Then the complainant had submitted all the relevant documents to the O.P. for payment of insurance amount. The complainant had repaired his vehicle at Minerva Automobiles Pvt. Ld., Bhawanipatna and had spent Rs.74,228/- towards repairing cost of his vehicle. After such repair the complainant had submitted the original bills to the O.Ps office for payment of insurance amount. In spite of repeated contact with the O.Ps for payment of insurance price they paid deaf ear. Hence this C.C. case. The complainant prays the forum direct the O.Ps to pay repair cost of the accident vehicle Bolero as per surveyor report and such other relief as the forum deems fit and proper for the best interest of justice.
Being noticed, the Opposite Party No.2 appeared through their Counsel Sri S.K.Panda and filed its written version and documents as per list. It is submitted by the OPs that at the time of claim the petitioner informed the name of driver as Byasadev Pradhan but in spite of several request the complainant could not furnish the driving license for which his claim has been closed and his claim has not been repudiated by the Opposite Party. If the complainant will produce the authenticate DL of Byasadev Pradhan then the claim will be paid as per surveyor assessment.
FINDINGS.
On perusal of the record it is revealed that the complainant is the owner of the vehicle New Bolero plus AC 2 WD vide its registration No. OD-08-E-8531. On Dt.24.12.2016 the complainant had opted packaged policy from the O.P. No.1 vide policy No.3373/00478793/000/00 for a period of 1 year valid from 24.12.2016 to 23.12.2017. On Dt. 26.5.2017 when the complainants vehicle was going to Phulabani being driven by his driver Amit Kumar Sahu, met with an accident near Benarbahal under Tumudibandh police station. The main grievance of the complainant is that due to non payment of the insurance amount the complainant has no option then to approach this forum. Hence this case.
After accident of the above vehicle the complainant made correspondence to the O.Ps and the O.Ps registered the claim vide claim No. 3373042434. This forum observed that the O.Ps have neither settled the legitimate claim of the complainant nor have repudiated his claim till date. The complainant has filed repair bills obtained from the firms i.e. Minerva Automobiles for repair of above accident vehicle for an amount of Rs. 74,228/- .
The complainant also argued that due to non reimbursement of the above amount he suffered a lot . The complainant prays the forum that as the O.Ps have not listen to the grievance of the complainant till date the O.Ps be directed to reimburse the amount of Rs. 74,228/- .After carefully examining the evidence on record, we find no cogent reason to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence tendered by the complainant clearly tends support and absolute corroboration to the evidence. . The evidence adduced by the complainant clearly leads us to arrive at a just conclusion that there is not only deficiency in service but also negligence on the part of the O.Ps in not reimbursing the amounts a sum of Rs. 74,228/- to the complainant towards vehicle accident repair bill claim amount as per the provisions laid down under section 14 of the C.P. Act. On careful analysis of the evidence on record both oral and documentary, we are of the opinion that in spite of doing the needful, the O.P failed to redressed the grievances of the complaint which amounts to deficiency in service as a result the complainant was constrained to file this complaint before the forum claiming the relief as sought for. In that view of the matter the O.Ps are liable to pay as well as the complaint is to be compensated. This forum observed that this policy is only intended to collect the premium from the parties and not to pay back the same at the event admitted/accepted by the policy bond. Not responding to the grievance of a genuine consumer amounts to deficiency in service and in that line we hold that the O.Ps. are liable. It is a settled proposition of law that delay in settlement of insurance claim amounts to deficiency in rendering fair services to the complainant and in this case, the O.Ps have neither settled the legitimate claim of the complainant nor have they repudiated his claim. It has been almost 2 ½ years elapsed, but the O.Ps are silent in settling the genuine claim of the complainant.
In view of the aforesaid discussion, the submission of Learned Advocate for the Opp.Party No.2 is not tenable in the eye of law regarding driver in view of station diary entry made by a Police Officer in discharge of his official duty. Hence, the submission of Learned advocate for the complainant is accepted and as the complainant had repaired his vehicle in authorized showroom, the cash memo submitted by the complainant are accepted. Hence to meet the ends of justice, the following order is passed.
ORDER.
The O.Ps are ordered to reimburse the repair bill amount of Rs. 74,228/- towards accident vehicle (Bolero plus) AC 2 WD bearing Registration No. OD-08-E-8531 along with interest @ Rs.9% per annum from the date filing i.e. 22.12.2017 till realization inter alia to pay Rs.2,000/- towards cost of litigation to the complainant .
The O.Ps are ordered to comply the above direction within 45 days from the date of receipt of this order.
Dictated and corrected by me
Pronounced in open forum today on this 12th day of March, 2020.
