Presented by Sri G.S. Pradhan, President <br /> The present complaint pertains to deficiency in service as envisaged under the provision of Consumer Protection Act and its brief fact is as follows:-<br /> <br /> The Complaiannt is the registered owner of a Alto Maruti Car bearing No. OR-02-AB-6362 and has insured his vehicle in the company of Opposite Party bearing insurance policy No. 1591237 of Delhi Box which was valid from Dt.07/12/2006 to Dt.06/12/2007. As such the Complainant is a consumer of the Opposite Party. While the Complainant was going by his vehicle on Dt.17/12/2006 at Titilagarh road, an unknown Truck come from Opposite direction and dashed the Maruti Car. Due to such accident the Maruti Car was damaged which was taken to Ashirbad Garage Automobile, Bolangir for repairing.<br /> The Complainant submitted claim application form to the Opposite Party through the Branch Manager, National Insurance Company, Bolangir, Surveyor was deputed by the Opposite Party who came to the Garage of Maruti Ashirbad Automobiles works and inquired the matter of maintenance and repair charge of the said vehicle. The proprietor of Garage had given a bill amounting to Rs. 55,658/-(Rupees fifty five thousand six hundred fifty eight)only towards the repairing charges of the vehicle. Since the Complainant has transferred to Bargarh office, with in the meantime and residing at Bargarh, the letter given by the Opposite Party Dt. 05/06/2007 to clarify certain formality could not be complied. Therefore the Opposite Party close the claim of the complainant on Dt.09/07/2007 and copy of letter Dt.09/07/2007 was sent to the complainant. After receiving the letter from the Opposite Party the complainant sent letters for clarification and requesting for re-open of the claim file to the Opposite Party by Registered Post with A.D. In spite of several request by letter, the Opposite Party did not indemnify the damage of the car caused by accident and will fully and intentionally close the claim of the complainant is deficiency in service by the Opposite Party towards the complainant.<br /> <br /> Hence the Complainant filed this case against the Opposite Parties for deficiency in service towards the complainant and claims Rs. 55,658/-(Rupees fifty five thousand six hundred fifty eighty)only towards the cost of the repairing charges and Rs. 40,000/-(Rupees forty thousand)only as compensation for mental agony and harassment with an interest of 12%(twelve percent) per annum.<br /> <br /> On being noticed the Opposite Party appeared and filed version through his Advocate. In its version the Opposite Party admitted that, the Complainant was the registered owner of the said Maruti car bearing No. OR-02-AB-6362 which was insured with the Opposite Party. It is also admitted that, the said Maruti Car was damage by an accident at Titilagarh Road on Dt. 17/12/2006 and the said Car was kept in the Maruti Garage of Ashirbad Automobile, Bolangir for repairing. Further it is also admitted that after receiving the claim Application form. Surveyor Mr. Kawaljet Singh was deputed who came to the garage of Ashirbad Automobile works, Bolangir and inquired the matter of maintenance and repair charges of the siad vehicle and the proprietor of said garage gave a bill of Rs. 55,658/-(Rupees fifty five thousand six hundred fifty eight)only for the repairing cost of the said vehicle.<br /> <br /> The Opposite Party alleged that, the Complainant was asked for clarification vide Opposite Party's letter Dt. 05/06/2007 and Dt. 09/07/2007 and the Complainant failed to supply the required informations as desired by the Opposite Party and due to his own negligence the claim file was closed as “No Claim” and intimated the same fact to the petitioner vide letter Dt. 09/07/2007.<br /> <br /> Further it is alleged that, basing on the light of survey report, bills and cash memo produced by the insured/complainant, the competent authority of the Opposite Party company settled the claim for Rs. 23,050/-(Rupees twenty three thousand fifty)only and issued a letter Dt. 05/06/2008 by this Opposite Party informing the petitioner enclosing Account Payee cheque No. 077137 Dt. 02/06/2008 for Rs. 23,050/-(Rupees twenty three thousand fifty)only. Since the Complainant has already received the cheque amount towards full and final settlement of the claim, and also he has not raised any objection before this Opposite Party till to-day, there is no any deficiency in service on the part of the Opposite Party towards the Complainant.<br /> <br /> The Opposite Party prays for dismissal of the complaint.<br /> <br /> Perused the complaint petition, Opposite Party's version as well as copies of documents filed by the parties in respective of their cases and find as follows:-<br /> <br /> The facts involved in this petition are not disputed by the parties. The Opposite Party alleges that , in spite of letters by the Opposite Party for clarification certain formalities, the Complainant failed to comply the same and in absence of these clarification from the Complainant, the Opposite Party close the claim as “No Claim”. However basing on the survey report, the bills and cash memo produced by the insured/Complainant the competent authority of the Opposite Party settled the claim for Rs. 23,050/-(Rupees twenty three thousand fifty)only and the Complainant has received the amount towards full and final settlement of the claim. The Complainant contends that, the Opposite Party has sanctioned that amount after receiving the notice from the Forum, and sent a cheque through registered post showing amount of Rs. 23,050/-(Rupees twenty three thousand fifty)only to the Complainant and he know this fact only when he opened the envelop of the Opposite Party and found a cheque of Rs. 23,050/-(Rupees twenty three thousand fifty)only and kept it as part payment of the claim. The Complainant has not given any consent letter that he had received the amount as full and final settlement of the claim.<br /> <br /> Regarding the damage caused to the vehicle, a surveyor was deputed by the Opposite Party, who had gone to the Ashirbad Garage, Bolangir for inquiry. The Surveyor inquired about the matter of maintenance and repair charges of the said alleged vehicle and the proprietor of the Garage gave a bill of Rs. 55,658/-(Rupees fifty five thousand six hundred fifty eight)only for the repairing cost of the said vehicle. But how the Opposite Party sanction Rs. 23,050/-(Rupees twenty three thousand fifty)only the cost of the repairing charges of the vehicle and settled the claim amount as Rs. 23,050/-(Rupees twenty three fifty)only.<br /> <br /> The Opposite Party has not filed the Surveyor's report to ascertain regarding the assessment of claim amount as Rs. 23,050/-(Rupees twenty three thousand fifty)only. The Opposite Party has also not filed any consent letter from the Complainant towards receipt of Rs. 23,050/-(Rupees twenty three thousand fifty)only the claim amount for full and final settlement. No any evidence either in shape of document or in any other form is adduced by the Opposite Party to prove its case.<br /> <br /> Further more after the claim was close by the Opposite Party on Dt.09/07/2007, the Complainant again requested this Opposite Party on Dt. 29/08/2007 and Dt. 29/09/2007 and again on Dt. 08/11/2007 requesting the Opposite Party/Company to re-open his claim file which is admitted by the Opposite Party. In spite of all this approach the Opposite Party remain silent for which the Complainant was compelled to file this Complaint before this Forum and when the case was posted for appearance, the Opposite Party sanctioned an amount of Rs. 23,050/-(Rupees twenty three thousand fifty)only and send a cheque through registered post on Dt.05/06/2008 to the Complainant. It the Opposite Party would have settled the claim, before filing of the present dispute, the Complainant would have not file the present complaint for settlement of the claim. The Opposite Party has settled the claim amount to be Rs. 23,050/-(Rupees twenty three thousand fifty)only arbitrarily without applying his mind and considering the bills, cash memo and the bills amounting to Rs. 55,658/-(Rupees fifty five thousand six hundred fifty eight)only towards the repairing charges of the said vehicle given by the proprietor of the Maruti Ashirbad Garage, Bolangir. This arbitrary acts of the Opposite Party towards the complainant amounts to deficiency in service on the part of the Opposite Party.<br /> <br /> In view of above discussion, the Complainant is entitled to get full repairing charges of the insured damage vehicle out of which he has received an amount of Rs. 23,050/-(Rupees twenty three thousand fifty)only towards part payment of the claim.<br /> <br /> Accordingly, complaint allowed and ordered as follows:-<br /> <br /> The Opposite Party are directed to pay the balance amount of Rs. 32,608/-(Rupees thirty two thousand six hundred eight)only including 9% (nine percent) interest since Dt. 09/07/2007 to the date of this Order and Rs. 1,000/-(Rupees one thousand)only towards the cost of the case to the Complainant within 30(thirty) days from the date of this order or else the Complainant is entitled to 18%(eighteen percent) interest per annum on the awarded amount till the date of payment.<br /> Complaint disposed of.