DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 44 OF 2015
Sanjit Kumar Rana,
S/O- Arjun Rana,
RO: ward No. 04,Dipupada,Near Laxmi Rice Mill,Jharsuguda,
Po/Ps/ Dist: Jharsuguda,Odisha…………………….….………………Complainant.
Versus
- The New India Assurance Co. Ltd,
Bhubaneswar, D.O.No.1, 2nd Floor, Plot No.4,
Ranjeeta Steelex Tower Palasuni,
PO: Rasulgarh, Bhubaneswar,
Dist: Khurda, Odisha.
- R.N. Tripathy, Surveyor, C/O: A.K.Behera,
Near Jamkani Mandir, Pradhanpara,
At/PO: Budharaja, Dist: Sambalpur, Odisha.
- M/S. Hinduja Leyland Finance Limited,
3rd Floor, Plot No.392, Vinayak Bajaj Showroom,
Liish Road, Bhubaneswar, Dist: Khurda, Odisha……..…………………..Opp. Parties.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party No.1 Shri B.K.Purohit, Adv &. Associates.
For the Opp. Party No.2 None (Ex-Parte).
For the Opp. Party No.3 Shri A.K.Sahoo, Adv. & Associates.
Date of Order: 27.01.2016
Present
1. Shri S.L.Behera, President.
2. Smt. A. Nanda, Sr.Member.
Shri S. L.Behera,President: - The brief facts of this case are that, the complainant is the registered owner of a four wheeler bearing No. OR-23F-0547, being financed by O.P.No.3, Hinduja Leyland Finance Ltd. and got it insured with the O.P.No.1/ New India Assurance Co. Ltd. from dtd. 16.01.2014 to 15.01.2015 for Rs.2,48,000/-. On dtd. 27.03.2014 the insured vehicle met with an accident at Talpatia on SH-10. The incident of accident was intimated to the O.P. Insurance company and thereafter claim was lodged for a sum of Rs.1,96,806/- along with all the relevant document and requisite required by the O.P Insurance company. It is claimed by the complainant that the Surveyor appointed by the O.P Insurance compan has also submitted his report but the O.P.No.1 paid an amount of Rs.69,863/- only out of total claim amount of Rs.1,96,806/- only, no claim amount was paid to him despite several approach and request to the O.P Insurance company. It is also submitted by the complainant that the insured vehicle was financed by Hinduja Leyland Finance Ltd. is demanding installment and other charges which could not be paid by the complainant due to non-settlement of his insurance claim and the matter was delayed by the O.P. Insurance company alleging deficiency in service on the part of the O.Ps. the complainant prayed before this forum for a direction to the O.P.No.1 & 2 to settled the claim of the complainant along with cost of Rs.50,000/- only as compensation.
The O.P. Insurance company as well as the finance company both have contested this case. The O.P.No.2 do not chose to appear before this Forum and filed written version hence the O.P.No.2 is set ex-parte. The O.P.No.1 admitted the issuance of policy of insurance and stated that the factum of accident should have been intimated by the insured forth with, the complainant/ insured intimated the same in a belated stage and accordingly the spot survey could not be conducted by the Insurance company. However finally the Surveyor and Loss Assessor assessed the loss at Rs. 95,650/- only subject to other term and condition of the policy. The O.P.No.1 considered claim of the insured and disallowed the total full claim of the insured as per survey report and deducted 25% of the amount from the assess amount and assess the claim at Rs.69,863/- only paid the amount to the financier i.e. O.P.No.3, hence the claim having being settled by the insurance company, there cannot be any further claim and as such this case is not maintainable and the O.P.No.1 is not deficient in rendering service, hence prayed for dismissal of the case.
So far as the O.P.No.3 financier concerned the complainant had already cleared the loan account and obtained No Objection Certificate ( NOC) , hence the O.P.No.3 is exempted from this proceeding.
We have heard from the parties, gone through the case record and documents available. The only dispute between complainant and O.P.No.1 is that, the O.P.No.1 stated that, the complainant has not intimated the incident of accident to the O.P.No.1 in time but the complainant has established by filing and e-mail to Er. R.N.Tripathy, Surveyor and loss assessor on dtd. 29.03.2014 and after receiving the same the Surveyor conducted spot survey and took photograph of the damaged vehicle which are part of the case record. The matter of Survey Report under the policy duly assessed by the Surveyor which was presented to the O.P Insurance company has been produced by the O.P. Insurance company. We have gone through the Survey Report thoroughly, the Surveyor surveyed the matter of incident from all angels and finally assessed the insurance liability on the cash less basis to the extent of Rs.95,650/- only by deducting present market price of the vehicle , less salvage and less policy assessed. As to our opinion, the Surveyor has submitted the report by conducting Spot Survey, the O.P.No.1 Insurance company should not deduct 25% of the assess amount i.e. Rs.95,650/- only which shows clearly deficiency in service on the part of O.P.No.1 and the complainant is entitled to get further a sum of Rs.25,787/- only towards his claim as because the complainant has clear all the dues and close the loan account of O.P.3.
Accordingly, the complaint petition is allowed and the O.P.No.1 Insurance company is directed to pay a sum of Rs.25,787/- ( Rupees twenty five thousand seven hundred eighty seven) only to the complainant. Further the O.P.No.1 is hereby directed to pay a sum of Rs.6000/- ( Rupees six thousand) only towards mental agony, harassment including cost of litigation. All the aforesaid orders are to be carried out within one month from the date of receipt of copy of this order, failing which the awarded amount will carry interest @ 9% per annum from the date of default till the date of realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 27th day of January, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree. .
A.Nanda, Sr.Member S.L.Behera,President
Dictated and corrected by me.
S.L.Behera,President
