Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                Complaint No. : 527.

                                                Instituted on     : 08.09.2017.

                                                Decided on       : 25.01.2019.

Satish Phogat son of Sh. Labh Singh, Resident of VPO-Bahlout, District Rohtak.

                                                                    ………..Complainant.

                             Vs.

The New India Assurance Co. Ltd. Delhi Road, Model Town, Rohtak through its Divisional Manager.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   SH. VED PAL, MEMBER.

                   SMT. SAROJ BALA BOHRA, MEMBER.

Present:       Sh. Ajay Kumar Dua, Advocate for the complainant.

                   Sh. A.S. Malik, Advocate for the opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that complainant is registered owner of a car, model Baleno Delta bearing registration No. HR-12AB-4169 and the same was insured with the respondent vide policy No.31260031160303943908. On 26.01.2017, the car of the complainant had met with an accident at Gohana. After that complainant lodged the claim and submitted all the documents and complete file to the OP. A surveyor was appointed who submitted his report and assessed the claim to the tune of Rs.2,56,588/-. It is further alleged that on 22.06.2017, a message was received in complainant’s mobile about the transfer of Rs. 1,53,500/- in the account of the complainant by the OP against the  accident claim amount without the satisfaction of complainant. After that complainant lodge his grievances in the office of OP, but the OP has refused to accept the claim of the complainant. That the act of opposite party of not releasing the alleged remaining claim amount of the complainant is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to pay the remaining claim amount of Rs.1,03,088/- alongwith interest @ 12% per annum and Rs.50,000/- as compensation as well as Rs.11,000/- as litigation expenses as explained in the relief clause to the complainant.

2.                          After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that it is denied to the extent that the surveyor assessed the claim to the tune of Rs.2,56,588/-. The claim has been settled as full and final payment against Rs.153500/- as per survey report and as per terms and conditions of the policy and nothing is due. It is further submitted that there is no deficiency of services on the part of the respondent and it is prayed that complaint filed by the complainant may kindly be dismissed with costs.

3.                          Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C48 and has closed his evidence on dated 29.10.2018. Ld. counsel for the OP has tendered affidavit Ex.R-1, documents Ex.R2 to Ex.R5 and closed his evidence on dated 06.12.2018.

4.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                          After going through the file and hearing the parties it is observed that too prove his contention the complainant has placed on record documents Ex.C1 to Ex.C48 alongwith the affidavit. Perusal of the bills which are placed on record as Ex.C1 to Ex.C3, Ex.C8 to Ex.C16, Ex.C19 and Ex.C21 shows that some bills are related to the parts, which were paid by the complainant to the different service centers whereas some bills are related to the labour and other works  i.e. paint etc. As per terms and conditions of the policy, the complainant is entitled for the amount of expenditure which were spent by the complainant on the repair of the vehicle whereas the policy is zero dep. policy. In this way the complainant is entitled for the amount spent on the purchase of the parts whereas we are deducting some amount from the bills placed on record regarding the labour and other accessories. Complainant counsel argued that as per the bill Ex.C11 and Ex.C13, five parts(each) were purchased and the surveyor has not considered the whole parts which were installed in the damaged vehicle. He also argued that the surveyor has considered only 52 parts whereas as per the bills Ex.C8 to Ex.C14, approximately 84 parts have been changed and he also spent an amount of Rs.49500/- on the other repair i.e. Engine up & down, Gear Handi change, electrical labour, roof painting and front glass etc. He also placed on record another supplementary estimate as Ex.C16  in which he also demanded an amount of Rs.70889/- on account of controller Assy. of air bag, Radiator etc.  In the present case the insurance policy is Ex.R4 and perusal of this document shows that the complainant has purchased depreciation waiver vehicle policy, meaning thereby he paid an extra premium amounting to Rs.2737/- to cover the same. Perusal of the survey report Ex.R5 itself shows that the complainant has handed over an estimated amount of Rs.230725/- plus supplementary estimate of Rs.70889/- to the surveyor Sh. Sumit Kumar,  but the surveyor only considered the estimate amounting to Rs.153500/-. The surveyor has not mentioned in the report that why he has not considered the whole bill i.e. Rs.230725/- and Rs.70889/- whereas the complainant has a zero dep policy. In the present case the complainant himself has admitted that he had already received an amount of Rs.153500/- and he demanded the total repair charges i.e. Rs.256588/-. In this way, through this complaint he demanded the remaining amount of Rs.103088/-.

6.                          In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite party  shall pay the remaining claim amount of Rs.103088/-(Rupees one lac three thousand and eighty eight only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 21.08.2017 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.

7.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

25.01.2019.

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Ved Pal Hooda, Member.

                                                                        ……………………………….

                                                                        Saroj Bala Bohra, Member.