DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 28th day of February 2007.<br /> <br /> Present : Sri.Roy Kurian, President<br /> Prof.O.Unnikrishnan, Member<br /> Smt.K.P.Suma, Member<br /> <br /> <br /> C.C.No.47/2006<br /> <br /> P.V.Mohammed Mustafa,<br /> Pankam, Valappil House,<br /> Mannarkkad, Palakkad - Complainant<br /> <br /> V/s<br /> <br /> 1.National Insurance Co.Ltd.<br /> DO-IV, New No.25,<br /> Whites Road, Mamata Complex,<br /> Chennai – 600 014. <br /> <br /> <br /> 2.The Manager,<br /> National Insurance Co.Ltd.<br /> East Fort Complex, Palakkad. - Opposite parties<br /> <br /> O R D E R<br /> Order by Smt.K.P.Suma, Member.<br /> The complainant herein is the RC Owner of the Stage carriage (Bus) bearing Registration No. KL-10-N-426 and the same was insured with first opposite party. As per package policy Number 500600/31/04/6314143 valid from 18/1/05 to 17/1/2006. 2nd opposite party is the branch office of first opposite party situated in Palakkad. The said vehicle met with an accident on 30/1/05 at about 8.45 a.m at Poriyani, Mundur, Palakkad. (Kongad Police station Crime No.39/2005) due to which the vehicle was damaged and a claim for the damage was launched with first opposite party. Thereafter at their request, a Surveyor was appointed to assess the damages and he has conducted a detailed survey and has given a report assessing the loss to the tune of Rs.36,342/- and a professional fee of Rs.1562/-. The complainant has approached both opposite parties asking for the<br /> <br /> 2 -<br /> <br /> payment of Rs.37,904/- Though the opposite parties promised to pay the same, so far both the opposite parties had not cared to compensate the loss sustained to the complainant. The surveyor has reinspected the vehicle and filed a re inspection report dated 20/4/05 stating that repair works are done as required and has also claimed Rs.606/- as reinspection survey fee. The complainant alleges that his claim is pending for more than a year with opposite parties and both them have withheld the payment which amounts to unfair trade practice and gross deficiency of service on their part. Complainant has sent a lawyer notice to both the opposite parties on 30/1/2006 which was acknowledged by the opposite parties, There has been no reply or any payment. Complainant submits that he is entitled to get a compensation for the gross negligence and deficiency of service committed by the opposite parties and for mental agony he had suffered to tune of Rs.10,000/- along with the cost of lawyer notice Rs.750/-. Hence the complainant had approached before this Forum with a prayer to direct the opposite parties to pay the amount of Rs.37,904 with interest @12%per annum from the date of the claim along with Rs.606/- paid towards reinspection survey fee and also to pay a sum of Rs.10,000 as compensation for mental agony and stress and strain suffered by him along with cost of Rs.750/-. <br /> Complaint was admitted and notice was issued to opposite parties for appearance. Both Opposite parties appeared through counsel and filed version. The opposite parties contended that there is no valid policy in the name of the complainant and Policy number shown is not related to the vehicle mentioned in the complaint. The First opposite party is having its office at Chennai and the 2nd opposite party is the unnecessary party in the above case and they have to exonerated from this proceedings. Opposite parties have no knowledge of any survey conducted by the complainant. Opposite party has not received any claim form as per the records. Opposite parties has never requested to the complainant to conduct a survey, since there is no such practice is prevailing in settlement of insurance claim. The entire contentions in the complaint were denied by the opposite parties there is no deficiency of service from the part of opposite parties and the complaint has to be dismissed.<br /> - 3 -<br /> Complainant as well as opposite parties filed proof affidavit to substantiate their contentions. Ext.A1 to A8 series was marked from the side of the complainant. Evidence was closed and matter was heard. <br /> We have perused documents produced from the part of the complainant. Opposite parties contended that the complainant did not inform about the alleged accident and submit his claim form for damages. The documents produced by the complainant do not show that any acknowledgment with regard to submission of claim form to the opposite parties and the repudiation of claim form by them. The complainant has not adduced any evidence to prove these aspects. The complainant has failed to prove that the opposite parties advised him to appoint a surveyor and conduct the survey and assess the damages. The prevailing practices of such cases is that the surveyor will be appointed by the insurance company immediately on receipt of the claim form and also the workshop will be authorized to carry out the repair work. No documents were produced to prove the said aspects. There is also no evidence to prove the opposite parties have repudiated the claim submitted by the complainant hence we are not in a position to attribute deficiency of service on the part of the opposite parties. <br /> <br /> The complainant can approach the opposite parties with all the relevant papers along with claim form for his loss and the opposite parties shall consider the claim as and when the complainant submits his claim. <br /> <br /> The parties shall bear their respective costs. The above complaint is disposed of accordingly. <br /> <br /> Pronounced in the open court on this the 28th day of February 2007.<br /> <br /> President (SD) <br /> Member (SD)<br /> Member (SD)<br /> <br /> - 4 -<br /> APPENDIX<br /> <br /> Exhibits marked on the side of the complainant<br /> Ext.A1 – Copy of certificate of Insurance of vehicle Reg. No.KL-10/N-426<br /> Ext.A2 – FIR dtd.30/1/05 of Kongad Police Station<br /> Ext.A3 – AMVI Report dtd.31/1/05<br /> Ext.A4 – Charge sheet dtd.09/3/05<br /> Ext.A5 – Seen Mahazar dtd.31/1/05<br /> Ext.A6 – Survey Report dt.11/3/05<br /> Ext.A7 – Re Inspection report by surveyor dt.20/4/05<br /> Ext.A8 – Copy of lawyer notice, postal receipt and acknowledgement<br /> series <br /> <br /> <br /> Forwarded/by Order,<br /> <br /> <br /> <br /> Senior Superintendent<br /> <br /> <br />