Smt. Syeda Shahnur Ali, Member (L)
The complainant purchased a vehicle being no.-WB 31 6914(tiper dumper) having chassis number MBIG3HYCBDEE-MO331 and engine number DEEZ414839 by taking loan of RS 13,50,000/- from the opposite party no1, and as per instruction from the op no1, took an insurance against the said vehicle from the opposite party no2, being policy no-3379-00988199-000-00 for the period from 15.01.14 to midnight 14.01.15 and insured declared value of the said vehicle was RS 14,50,000/-The vehicle met with an accident on 09.03.14 at 00.40hrs at Haldipada under PS Basta in the District of Balasore ,Odisha. A complaint was lodged to the said PS on 10.03.14, subsequently the op no2, was also informed over telephone on the same day. On the same day according to the op no2, the vehicle was brought to Shree Ganesh Automobile at Balasore, Odisha for repair. The total cost of repair of the said vehicle was RS 4,68,000/- The complainant took delivery of the said vehicle by making payment of the full amount but the op no 2, is denying to pay the said amount instead he deposited a sum of RS 2,40,000/- on 16/06/14 in the loan account of the complainant being no A/C WM100184D in the op no1, bank. The complainant sent a Advocates letter to the op no2, for depositing the rest amount but till date the op no2, has not done the same and the sum of RS 2,40,000/- is lying in the said loan account of the complainant without any adjustment ,hence this case.
The opposite party denied all allegations made by the complainant. The op filed WV as also WNA. The opposite party adduced evidence of licensed surveyor Mr. Shyam Shankar Mishra. He was cross examined by the complainant by way of questionnaire.
We have gone through the documents filed by the complainant and also the opposite party and the survey report. The op sated in their WNA that the claim of the complainant was assessed by the I.R.D.A. licensed surveyor and the op has also stated categorically the rate of depreciation on parts for partial loss claims. The OP also states that a sum of RS 2,40,000/- has been deposited on 16.06.2014 in the loan account of the complainant. This is evident from the statement of accounts filed by complainant. The complainant filed certain bills that he had spent RS 4,68,000/-for getting the vehicle repaired but he has not proved the contents of the bills by way of evidence or by an affidavit of the person issuing the bills. Its is fact that the surveyor assessed the loss after deducting certain amount toward depreciation and the said amount has been paid to the complainant. The complainant has not raised any objection to the survey report filed nor returned the sum of Rs.240000/- In the absence of any evidence on behalf of the complainant to show that he spent RS 4,68,000/- it is just and necessary to rely on the surveyors report and the op was right in making payment of Rs. 240000/- and the claim of the complainant had been rightly settled by the Co. keeping in view the loss as duly assessed by the surveyor report as also the bills submitted by the complainant to the insurance company. As such we are of the view that the instant case is dismissed without cost . Hence it is ordered;
ORDER
The complainant case is dismissed without any cost.