Complainant Shashibhushan Dubey has filed this complaint for insurance claim of Rs. 1,50,000/- with 12% interest since date of accident and Rs. 50,000/- as litigation cost, compensation and garage charges.

2          The brief facts of the case is that he is the owner of the vehicle bearing registration No.  JH09K-5002, duly insured with O.P. M/s Oriental Insurance Co. Ltd. vide policy No. 332701/31/2014/6274 having validity from 10.02.2014 to 09.02.2015. The vehicle met with an accident on 14.01.2015 while complainant along with his family members, coming from Gumla to Ranchi.

Complainant intimated the O.P. on 19.01.2015, and SDE case No. 16/2015 was registered at Bharno P.S. Gumla on 20.01.2015.

It has been submitted that the complainant brought his vehicle to Authorized Service Station at Ranchi who estimated the repairing cost for Rs. 1,55,632/-. Complainant sent the entire documents along with the estimated bill to the O.P. and filed claim on 24.03.2015 at Ranchi. A letter in this regard, also sent by the complainant to O.P’s. office at Bokaro on 16.05.2015.

A legal notice, sent on 10.07.2015 but no reply was given.  Hence this case is filed.

3          The following Anxs are filed in support:-

Anx-1 Copy of Certificate of Registration.

Anx-2 Copy of Insurance Policy.

Anx-3 Copy of information to Officer Incharge, Bharno Thana.

Anx-4 Copy of Job Estimate.

Anx-5 Copy of E-mails correspondence.

Anx-6 Copy of letter of complainant to O.P.

Anx-7 Copy of the legal notice.

Anx-8 Copy of Job Order Card dt04.03.2015 of paid service for general check up.

4          O.P. the oriental insurance Co. Ltd. appears and filed W.S. It is submitted that this complaint is not maintainable since the same has been filed with malafide intention, suppressing material facts. The insurance policy has been admitted and the submission of claim form on 25.03.2015.

            It is further submitted that the Surveyor was appointed and the complainant was requested to submit relevant documents. But complainant never submitted the same. Therefore, due to non compliance of the requisites documents, the claim was closed as “No Claim” on 21.12.2015. It is also submitted that the insurance co. after making no claim, given some more chances to the complainant, therefore, there is no deficiency on the part of this O.P. hence prayed to dismissed the complaint with cost.

5          Following documents have been filed by O.P.:-

Anx-A- Copy of Policy Certificate (Same as Anx-A).

Anx-B Copy of letter of complainant to O.P.

Anx-C- Copy of information to Officer Incharge (Same as Anx-3).

Anx-D Copy of dully filed up claim form.

Anx-E Copy of letter of Surveyor to complainant dt. 05.12.2015.

Anx-F Copy of Surveyor’s report along with photographs of accidental vehicle.

Anx-G series- Copy of letters of O.P. to complainant.

F I N D I N G S

6          We perused the record and documents filed by both the parties. We hold that complainant is a consumer of O.P. and the dispute is a consumer disputes.

            On perusal of W.S. of O.P. M/s Oriental insurance Co. Ltd., the policy is admitted which covers the date of accident i.e. 14.01.2015.

7          The dispute in this case is that O.P. has not paid the long outstanding estimated bill amount (Anx-4) to the complainant and closed the claim as “No Claim”, due to non compliance of requisite documents Anx-G series. We find that Anx-7 as well as Anx-F show that the documents required by the insurance co. were already sent by the complainant as well as Surveyor to the O.P., hence the ground taken by O.P. for closing the claim is totally wrong.

8          We also find that the Surveyor has rightly assessed the damaged/loss (Anx-F) and by not paying the assessed amount to the complainant is certainly a deficiency on the part of O.P.

9          Accordingly we allow the amount, assessed by the Surveyor for damaged vehicle to the complainant. O.P. Oriental Insurance Co. Ltd. is directed to pay Rs. 9,9000/- (Rs. Ninety nine thousand) only to the complainant with 6% interest per annum from 21.12.2015 (the date of closing the claim) till realization.

            O.P. is further directed to pay compensation of Rs. 5000/- (Rs. Five thousand) only as physical and mental harassment and Rs. 2000/- (Rs. Two thousand) only as litigation cost.

            All the payments must be paid within 60 days from passing of this order, failing which the rate of interest of the main claim will be enhanced to 8% per annum.