DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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M/s Allena Auto Industries (P) Ltd., C-116, Phase VII, Industrial Area, Mohali District, SAS Nagar, Mohali (Punjab) through its Authorised Signatory.

                                                                   …..Complainant

                                      V E R S U S

          1.       The New India Assurance Company Limited, Branch Office : (350101) SCO No.347=48, Sector 35-B, Chandigarh – 160036 through its Regional Manager/Branch Head.

          2.       The New India Assurance Company Limited, S-1, Ajay Enclave, Near Ajanta Cinema, New Delhi-110018, through its Director.

                   ……Opposite Parties

CORAM:     SH.P.D.GOEL                                             PRESIDENT

                   SH.RAJINDER SINGH GILL                             MEMBER

DR.(MRS.) MADANJIT KAUR SAHOTA           MEMBER

Argued by:    Sh.Deepak Aggarwal, Counsel for the complainant.

                        Ms.Meena Madan, Counsel for OPs.      

PER RAJINDER SINGH GILL, MEMBER

                Briefly stated, the complainant Company had taken Machinery Insurance from OP vide policy No.323504/44/09/51/30000013, effective from 22.2.2010 to 21.2.2011, paid a net premium of Rs.35,105/- and the total sum insured for DG Set (Kirloskar Company) comes to Rs.13,68,000/-. The said policy covers all kinds of electrical and mechanical breakdown. On 8.11.2010, when DG Set (Kirloskar Company) given at serial No.3, of the policy went under breakdown, it was thoroughly inspected and checked by the Maintenance Department of the complainant company.  It was found that the starter has developed major defect and had gone beyond repairs. On the request of the complainant company, Xcort Power Engineers deputed their Engineer, who confirmed that starter is faulty and beyond repairs. The breakdown message was flashed to the insurance company and thereafter, the insurance company deputed Sh.Majoj Kukreja, Surveyor, who inspected the premises of the complainant company at Mohali and the complainant company submitted all the documents, as required by the surveyor. Xcort Power Engineers, Chandigarh had issued the bill of Rs.68,230/- and the same has been submitted with the insurance company. Despite number of requests through e-mails, letters, visits and telephonic calls but the insurance company did not settle the claim. Hence, this complaint.

2]             OPs No.1 and 2 filed the joint reply. The preliminary objections vis-à-vis jurisdiction and the complainant is not a consumer, were raised. On merits, it has been pleaded that the insurance policy valid for the period from 22.2.2010 to 21.2.2011 (Machinery Insurance) for Diesel Generator Set for IDV of Rs.13,68,000/- was issued. It has been further pleaded that the complainant company gave intimation to the insurance company on 8.11.2010 at Delhi and on the very next date, Sh.Manjoj Kukreja, Surveyor was appointed and he submitted his report on 10.1.2011. Mr.Arvind Bindra, the Maintenance Incharge and had given the opinion that the damage to the starter of DG Set was apparently caused due to sudden breakage of Pinion Teeth of the starter. The insured placed an order for new starter.  The Service Engineer inserted the new starter and DG Set was put to working. The surveyor has assessed the loss and as per the detail of assessment, the assessed amount is zero and the insurance company is not liable to pay any amount, as per the terms and conditions of the policy. It was duly intimated to the complainant vide letter dated 6.4.2011. It is submitted that the complainant is not entitled for any insurance claim on account of any loss or damage to the machine because the damage was rectified by replacing the new starter at the expense of insurance company.  Denying all the material allegations of the complainant and pleading that there has been no deficiency in service on their part and prayer for dismissal of the complaint with costs has been made.  

3]             Parties led evidence in support of their contentions.

4]             We have heard the ld.Counsel for the parties and have also perused the record. 

5]             The contention of the ld.Counsel for the complainant is that the DG Set (Kirloskar Company) of the complainant company, duly insured with OPs, went under total breakdown and on through inspection & checking, it was found that its starter had developed major defect and the same is beyond repairs, which was intimated to OP Insurance Company.  It is also contended that the insurance company deputed Sh.Majoj Kukreja, Surveyor, who inspected the premises of the complainant company at Mohali. It is further contended that Xcort Power Engineers, Chandigarh repaired the machine and had issued a bill of Rs.68,230/-, but the OP Company, still did not settle the claim.

6]             On the other hand, the ld.Counsel for the OPs, argued that as per the report of Surveyor, there was no liability of the insurer as the assessed amount was Zero.  He further argued that however, the OP Company still reconsider the claim of the complainant and made the payment of the claim amount, therefore, there is no deficiency on the part of OPs.

7]             The ld.Counsel for the complainant has admitted at bar (as is clear from zimni order dated 9.7.2012) that the claim has been paid by the OPs, but since it has been paid after filing of the complaint, so he pressed for the compensation and litigation cost. 

8]             We find merit in the contention of the ld.Counsel for the OPs.  Though, earlier the claim was not paid, as per the report of Surveyor, who assessed the loss as Zero, but the OP Company still                  re-considered the claim of the complainant and made the payment accordingly.  Since, the claim has been settled by the OPs and payment had already been made, thus, in our view, no deficiency is attributed towards the OPs. Hence, the complainant is not entitled for any compensation etc.

9]             As a result of the above discussion, the complaint stands dismissed with no order as to costs.

                Certified copies of this order be sent to the parties free of charge. The file be consigned.