PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.43/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Surendra Kumar Naik,

S/O-Late Shiba Shankar Naik,

R/O-Qtr No. E/3 Sports Colony,

Kalinga Bhubaneswar, Dist-Khurda

Presently R/O,At- Kuluthkani near Charbhati,

Po/Dist-Sambalpur, Odisha-768001                    ...………..Complainant

                                                Versus

The Branch Manager,

Royal Sundaram GIC Ltd.,

Office at Radhika Complex, Top Floor

Cuttack road, Jharpar, Bhubaneswar,

Odisha-751006                                                              …………...Opp.Parties

Counsels:-

1. For the Complainant          :-      Sri. B.K. Shroff  & Associates
2. For the O.P.                         :-      Sri. B.K. Purohit, Advocate

Date of Filing:23.08.2023,Date of Hearing :24.07.2023,Date of Judgement : 11.09.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant insured his Maruti Alto 800 LXI bearing No. OD-02 AA-4057 with O.P. vide policy No. MOP 5854072 for the period 18.01.2020 to 17.01.2021. ON 17.07.2021 at about 6P.M. the vehicle met an accident near Right Dyke, Burla, Sambalpur and OD claim No. M2320228201126 was made. The damaged vehicle was brought to odyssey Motors through Crane, authorised dealer on 19.01.2021 and Rs. 1500/- expenditure was incurred. The service centre issued job card and estimated Rs. 1,26,724/- dated 25.01.2021. The Complainant acted with the advice of surveyor but no work order was issued by the O.P. Complainant issued a pleader notice dated 08.04.2021 when no step was taken by the O.P. The O.P. remained silent. The Complainant was compelled to repair the vehicle in two garages Ananta Motor Garage and Utkal Auto Enterprises Ltd. and spent Rs. 84,597/-. For unfair trade practice and deficiency in service complaint was filed.
2. The O.P. in reply submitted that the Complainant availed private car package policy No. MOP 5854072000100 for the period 18.01.2020 to 17.01.2021 and S.A. Rs. 1,72,074/- with terms and conditions. The Complainant intimated the claim on 02.02.2021 after delay of 15 days. Due to presence of new soil vehicle lost control and met accident as per claim intimation. Mr.Binit Pattanaik, Surveyor inspected the vehicle and in report dated 11.02.2021 provided net liability as nil. The Complainant had availed policy from National Insurance Company bearing policy No. 163300312010005724 w.e.f. 18.01.2021 policy issued was nil depreciation policy. Complainant not provided any proof to establish date, place and cause of accident. M/S Mquest Investigattors again investigated the matter but the Complainant not provided details, ultimately claim was repudiated vide letter dated 11.06.2021. The repudiation made by the O.P. is proper.
3. Perused the documents filed by both the parties. As per statement of the Complainant accident took place on 17.01.2021 near Right Dyke, Burla, Sambalpur and no any F.I.R./S.D. has been lodged in the nearby police Station. OD claim ticket No. M12100118201126 was granted to the Complainant on 18.01.2021. On 25.01.2021 the Complainant sent message to the O.P. and from mail dated 03.07.2021 & 05.07.2021 the Complainant asked for settlement of  the claim. From letter dated 11.06.2021 of the O.P. it reveals that as the claim was made after 15 days there is an inordinate delay in intimating the claim. The O.P. further stated there is no proof of accident date. As the Complainant violated condition No.1 of the policy the O.P. unable to settle the claim and repudiated the claim. Claim form was submitted on 01.02.2021. Survey made by Mr. Binit Pattanaik on 01.02.2021 and assessed the loss as Rs. 97,672/-. Toeing changes paid Rs. 1500/- on 19.01.2021. From job card and estimate it reveals that on 25.01.2021 net estimate was made Rs. 1,26,724.20P by authorised service centre. Till 08.04.2021 when the O.P. not took any step. Complainant issued pleader notice as no any work order was given by the O.P.

The O.P. filed the survey report dated 01.02.2021 in this case, wherein the surveyor assessed the loss as Rs. 97,692/- and shown accident date as 17.01.2021. As ticket No. M1210118201126 was issued by the O.P. the accident was within the knowledge of the O.P. and while the Complainant made the claim on 01.02.2021 except survey report, steps taken by O.P. on the mails of Complainant have not been replied. 17.01.2021 was the end day of insurance policy. From National Insurance Company Policy bearing No. 163300312010005724 was taken by the Complainant with cover note dated 15.01.2021 to cover from the period 18.01.2021. It is no way helpful for the O.P. The Complainant has given message to the O.P. about the accident for which ticket was issued. Claim intimation was given on 01.02.2021. The Complainant has not violated the condition No.1 rather the O.P. failed to explain what steps taken from 17.01.2021 to 01.02.2021 till the receipt of claim intimation. After survey report also till 11.06.2021 the O.P. remained silent, which proves deficiency in service of the O.P. As the accident has not been reported in police station and self-intimation of the Complainant to the O.P. is sufficient that accident was within the knowledge of the O.P.

Taking into consideration the circumstance of the case the following order is passed:

ORDER

The Complaint is allowed on contest against the O.P. The O.P. is directed to pay the cost of damage reported by surveyor Rs. 97,692/- to the Complainant within one month of this order along with 6% interest w.e.f. 01.02.2021. In case of non payment the amount will carry 12% interest P.A. till realisation. The O.P. is liable to pay litigation cost of Rs. 10,000/-.

                   Order pronounced in the open Court today on 11^th day of September, 2023.

       Free copies of this order to the parties are supplied.