ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to issue up-to-date statement of account along with a copy of the agreement entered between the parties vide loan account No.30635011134 and settle the claim lodged by the complainant amounting to Rs.84,971/- with interest and not to seize assets (Tractor) and the complainant adequately compensated for the arbitrariness of the opposite parties in making the insurance policy without consent and willingness of the complainant and the over lapping period of the insurance coverage”.
Brief fact of the case is that complainant to maintain his livelihood purchased a tractor being financed by opposite party No.1. After purchasing the said vehicle the complainant insured the said vehicle before Bajaj Insurance from 14.01.2009 to 13.01.2010 on payment of the premium of Rs.6,887/- and in the second year insured Universal Sampo General Insurance Co. Ltd. on payment of premium Rs.6,252/- towards the insurance from 14.01.2011 to 13.01.2012 and in the fourth year the complainant also paid Rs.5,955/- towards the insurance from 14.01.2012 to 13.01.2013. During subsitance of insurance coverage period the opposite party No.1 without the consent and knowledge insured said vehicle before opposite party No.2 on payment of Rs.19,096/- which is very high compared to the previous premium from 19.9.2012 to 18.9.2013. On 23.5.2013 the said vehicle was met with an accident accordingly the complainant informed opposite parties. After repaired by one authorized repair centre complainant lodged a claim before opposite party No.2 and cost of repair was Rs.84,971/- but despite of repeated request the opposite party No.2 issued a cheque Rs.9,000/- in the name of the complainant but it was found that aforesaid cheque was issued against Tractor OR-21E-6823 vide policy No.457413 which does not belong to the complainant. In this situation where the claim has been pending before the opposite parties instead of settlement of the claim, the opposite parties have now threatened to initiate a legal action against the complainant by claiming outstanding of Rs.5,19,325/- towards installments.
Opposite party No.2 filed his written version stating as under;
Opposite party admits to have issued a commercial goods carrying vehicle the insurance policy bearing No.457413 valid from 19.9.2012 to mid night of 18.9.2013 in favour of the complainant covering the risk of his tractor trolly bearing Regd. No.OR-29-D-4801 and OR-21-D-4602. During the currency of the policy complainant lodged a claim on 23.5.2013 informing his tractor trolley met with an accident and had suffered damaged. On receipt of the claim opposite party had deputed on surveyor and assessment of loss who submitted his final survey report with net assessment of loss as Rs.9,000/-. On the basis of the assessment done by the surveyor and the said amount was paid to the complainant in shape of an A/C payee cheque. So far as issuance of cheque against the tractor bearing Regd. No.OR-ZIE-6823 vide policy No.457413 is concerned the same is not relevant. It is a fact that the claim of the complainant was settled on the basis of the report of the surveyor i.e. Rs.9,000/- and the same was sent to him in his name in shape of an A/C Payee Cheque.
It is settled position of law that the insurance claim is to be settled on the basis of report of surveyor, which has been done in this case and complainant has never challenged the report of surveyor and not elaborately discussed as to how the report of surveyor is not acceptable. The claim having been settled and amount already received there cannot be any dispute and neither there is any deficiency in service nor unfair trade practice on the part of opposite parties and no such case is made out. Thus we find no merit in the consumer complaint and accordingly the consumer complaint is dismissed. No cost.
Pronounced in the open Commission on this 29th Sept.,2023.
