BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL Present: Sri. T.Sundara Ramaiah, B.Com B.L., President And Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Tuesday the 21st day of August, 2012 C.C.No.15/2012 Between: Panyam Dawood Basha, S/o Pakir Saheb, 2-34, Polur Village, Nandyal Mandal-518 502. …Complainant -Vs- The Divisional Manager, M/s The Oriental Insurance Company Limited, Rosy Tower, 2nd Floor, No.7, Nungambakkam High Road, Chennai – 600 034. ...Opposite ParTy This complaint is coming on this day for orders in the presence of Sri.A.Prabhakar Reddy, Advocate for complainant and Sri N.Isaiah, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following. ORDER (As per Smt. S.Nazeerunnisa, Lady Member) C.C. No.15/2012 1. This complaint is filed under section 12 of C.P. Act, 1986 praying:- (a) To direct the opposite party to pay Rs.2,50,000/- payable under policy bearing 411300/31/2008/2142 and interest of Rs.1,50,000/- for two years and compensation of Rs.20,000/- to the complainant. (b) To grant future interest @ 24% per annum from the date of complaint till the date of realization. (c) To grant costs of this complaint; (d) To grant such other reliefs as the Honourable Forum may deem fit and proper. 2. The case of the complainant in brief is as under:- The complainant is the owner of the vehicle bearing No AP 21 W 1471 and he insured the same with opposite party under policy No.411300/31/2008/2142. The said policy was in force from 10-05-2007 to 09-05-2008. On 24-07-2007 the vehicle of the complainant was going to Aahobilam from Nandyal and there was heavy rain at that time. When the vehicle reached Allagadda, due to damage of road, the vehicle turned turtle and as a result the vehicle was badly damaged. The complainant informed the same to opposite party. The complainant submitted claim form along with relevant documents to opposite party. The spot surveyor was appointed by opposite party. The said surveyor inspected the damaged vehicle and estimated the loss at Rs.1,11,932/-. Inspite of repeated demands the opposite party has not chosen to settle the claim of the complainant. The complainant got issued a legal notice on 02-09-2009 to opposite party. Opposite party replied in its notice dated 24-09-2009 by admitting the insurance policy and insisting the complainant to produce the original bills. F.I.R., and other relevant documents. Due to the negligent attitude of opposite party the complainant suffered mental agony. There is deficiency of service on the part of opposite party. Hence the complaint. 3. Opposite party filed written version, stating that the complaint is not maintainable. The vehicle of the complainant was insured with opposite party. After receiving the intimation about the accident, opposite party appointed Sri.V.R.S.Sundarm Surveyor to assess the loss. The loss was assessed at Rs.1,11,932/- and surveyor submitted the report on 03-04-2008. The claim of the complainant was not settled, as he has not submitted the original bills F.I.R. translation copy load challan and Road Tax. In the reply notice got issued by opposite party the complainant was asked to produce the above said documents. There is no deficiency of service on the part of the opposite party. The complaint is liable to be dismissed. 4. On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party Ex.B1 is marked and sworn affidavit of opposite party is filed. 5. Both sides filed written arguments. 6. Now the points that arise for consideration are: i. Whether there is deficiency of service on the part of Opposite Party? ii. Whether the complainant is entitled for the reliefs as prayed for? iii. To what relief? 7. POINTS i and ii:- Admittedly the complainant is the owner of vehicle bearing No.AP 21 W 1471. It is also admitted that the complainant insured his vehicle with opposite party under Ex.A5. Ex.A5 policy was in force from 10-05-2007 to 09-05-2008. It is the case of the complainant that his vehicle was damaged in the road accident that took place on 24-07-2007. Admittedly after intimation about the accident, opposite party appointed a spot surveyor by name Sri.V.R.S.Sundaram. The surveyor inspected the damaged vehicle and filed his final report Ex.B1 dated 03-04-2008. The opposite party did not settle the claim even after the survey report. At last the complainant got issued legal notice dated 02-09-2009 which is marked as Ex.A1. The opposite party gave reply notice dated 24-09-2009 Ex.A2 admitting the insurance policy and insisting the complainant to produce original bills, F.I.R. translation, load challan and Road Tax etc. It is further case of the complainant that he had already submitted the required documents to the surveyor and Insurance Company. The complainant again sent the required documents on 02-11-2009 and issued another notice to opposite party, which is marked as Ex.A3. The opposite party acknowledged the same under Ex.A4. Even after the receipt of that notice also, the opposite party did not settle the claim of the complainant. Ex.A6 is the copy of certificate dated 24-07-2007 issued by inspector of police, Allagadda circle imposing fine under section 183 & 184 of Motor Vehicle Act. Admittedly the opposite party appointed a surveyor to estimate the loss. The surveyor assessed the net loss at Rs.1,11,932/-. It is the surveyor who inspected the damaged vehicle immediately and found the damaged parts. The report of the surveyor is reliable and the assessment given by him under Ex.B1 can be accepted. The complainant did not place satisfactory evidence to show that he sustained loss of 2,50,000/- . The surveyor assessed the loss at Rs.1,11,932/-. The complainant is entitled to the said amount. 8. It is the case of the opposite party that there is no deficiency of service on its part and that the claim was not settled as the complainant failed to submit original bills, load challen, Road Tax F.I.R. translation etc. The opposite party kept quiet without issuing any notice to the complainant demanding the complainant to produce the above said documents till the complainant gave legal notice dated 02-09-2009. No material is placed on record by opposite party to show that opposite party demanded the complainant to produce the required documents prior to 02-09-2009. The surveyor in his report Ex.B1 noted the particulars and assessed the loss. There is deficiency of service on the part of opposite part in keeping the claim of the complainant pending for a long time. 9. In the result, the complaint is partly allowed directing the opposite party to pay an amount of Rs.1,11,932/- to the complainant with interest at 9% per annum from the date of the complaint i.e., 03-08-2010 till the date of realization along with costs of Rs.1000/-. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 21st day of August, 2012. Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER APPENDIX OF EVIDENCE Witnesses Examined For the complainant : Nill For the opposite party : Nill List of exhibits marked for the complainant:- Ex.A1 Office copy of Legal Notice dated 02-09-2009. Ex.A2 Reply Notice dated 24-09-2009. Ex.A3 Legal Notice dated 02-11-2009. Ex.A4 Acknowledgement Card. Ex.A5 Photo copy of Motor Insurance Certificate cum policy bearing No.411300/31/2008//2142. Ex.A6 Photo copy of Certificate dated 24-07-2007. List of exhibits marked for the opposite party:- Ex.B1 Private and confidential Motor Survey Report of Sri.V.R.S.Sundaram dated 03-04-2008. Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987// Copy to:- Complainant and Opposite parties : Copy was made ready on : Copy was dispatched on : | 
