Orissa

Cuttak

CC/100/2015

Gajendra Prasad Das - Complainant(s)

Versus

The Senior Branch Manager,The New India Assurance Co.Ltd - Opp.Party(s)

R K Pattanaik

11 Feb 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK

  C.C No.100/2015

Gajendra Prasad Das,

At present working as Development Officer,

LIC of India,Bhadrak Branch,

Bhadrak-756100..                                                                               … Complainant.

 

Vrs.

               

1.         The Sr. Branch Manager,

The New India Assurance Co. Ltd.,

A wholly owned Govt. of India Company,

Bhadrak Branch Office(550801),Kachery Road,

Bhadrak-756100

 

2.         The Regional-cum-Zonal Manager,

The New India Assurance Co. Ltd.,

Bhubaneswar,Alok Bharati Complex,

3^rd floor,Saheed Nagar,Bhubaneswar

                

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    21.09.2015

Date of Order:  11.02.2020

 

For the complainant.  :    Sri R.K.Pattnaik,Adv. & Associates.

For the O.Ps.1 & 2       :    Sri Ranjan Pati,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

The complainant has filed this complaint before this Forum against the O.Ps for Redressal of his grievances Under Section-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition  alleging deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. Briefly stated, the case of the complainant is that the complainant is the officer of L.I.C of India.  He purchased one “Volkswagen Pollo” from Bharat Motors Ltd.,Pahala,Bhubaneswar.  The said vehicle bears Regd. No.OD-02-B-5775, registered with the R.T.O.,Bhubaneswar.  The complainant has taken motor insurance private car package policy from the O.P No.1.  The said policy bears No.55080131140100003740 for the period from 2.11.2014 to 1.11.2015.  Further the insurer declared value under the policy is Rs.6,11,764/- and having own damaged cover with 3^rd party liability.  The policy bond is annexed hereto and marked as Annexure-1.  Further the complainant has also paid a premium of Rs.11,537/- to the O.Ps for undertaking the risk.  The payment receipt is annexed hereto and marked as Annexure-2.

On 14.11.14 the insured vehicle met with an accident nearby Pahala,Bhubaneswar adjacent to the showroom of Volksewagen in the State Highway No.5 under the Pahala Police Stationand the complainant registered F.I.R on 15.11.2014 at about 12.45 p.m at Pahala P.S and intimated the fact of accident to the Insurance Company.After receipt of information, the O.Ps deputed their spot survey to inspect the vehicle and to take photograph.The copy of the F.I.R is filed and marked as Annexure-3.

The O.Ps after deputation of the spot surveyor permitted the complainant to take the vehicle to the authorized repairer for dismantling, repairing and preparation of the estimate.The authorized repairer has given an estimate of Rs.1,49,612/- as a preliminary estimate and after dismantling the vehicle an amount of Rs.90,000/- has been given as supplementary estimate.It may be indicated here that the entire estimate and dismantling work has been done in presence of the surveyor deputed by the O.Ps.The copy of the estimate for repairing of the vehicle is filed and marked as Annexure-4.

The surveyor has prepared a survey report and submitted to the O.Ps.The O.Ps though received the survey report but remained silent over the matter for about 9 months and thereafter did not settle the claim.The complainant was constrained to write a letter to the O.P on 17.8.2015 indicating that if his claim will not be settled within 15 days then he will be constrained to approach appropriate court of law.The copy of the letter dt.17.8.15 is filed and marked as Annexure-5.

The O.P after receipt of the aforesaid letter of the complainant, by their letter no.55081/claims/15-16/1336 dt.19.8.15 intimated the complainant that the claim has been settled to the tune of Rs.74,250/- as per the survey report and chart, indicating that the surveyor has ignored the relevant damage while assessing the loss for which the complainant has requested the O.P to reconsider the assessment of claim and pay the estimated cost given by the authorized repairer.The copy of the letter of the complainant dt.7.9.15 is filed and marked as Annexure-8.

The letter of the complainant dt.7.9.15 has been sent through
Regd. Post with A.D but the O.P despite receipt of the aforesaid letter remained silent over the matter for which the complainant finding no other alternative approached this Hon’ble Forum.

The complainant has prayed before this Forum to direct the O.Ps to pay claim amount of Rs.1,73,013.00 in total with interest @ 9% per annum, Rs.50,000/- towards compensation for mental agony and harassment and Rs.10,000/- towards cost of litigation.

2. The O.Ps 1 & 2 filed their joint written version and contended that from the cause title of the complaint petition it is clearly transparent that none of the O.Ps are having their office within the territorial jurisdiction of this Hon’ble Forum and further the accident took place within the jurisdiction of Pahal outpost in the district of Khorda, hence the complaint petition is hit by Section-11(2)(b) of C.P.Act,1986.

The answering O.Ps admits the issuance of a private car package policy bearing No.55080131140100003740 which was valid from 2.11.2014 to 1.11.2015 issued by its Bhadrak Branch office, subject to its terms and conditions.That the said policy was issued in respect of Volksewagen POLO bearing Regd. No.OD-02-B-5775 in favour of the insured Sri Gajendra Prasad Das.The copy of the insurance policy is filed and marked as Annexure-A.

During subsistence of the said policy, the complainant lodged a claim before Bhadrak Branch office, New India Assurance on 24.11.2014 intimating therein that the insured vehicle had met with an accident on 14.11.14 at about 12.45 p.m. at N.H-5 near Pahala,Bhubaneswar.Copy of the claim intimation dt.24.11.14 is filed and annexed as Annexure-B.

As per the claim intimation, as well as the claim form submitted by the complainant, the alleged accident occurred while the insured vehicle was proceeding from Bhubaneswarto Bhadrak, a bullock suddenly came in front of his vehicle and in order to avoid the accident, the insured steered its vehicle as a result of which he dashed against road divider causing damage to the front side of the vehicle, both wheels and both side mudguard.To that effect one station diary entry was also made by the complainant before the In-charge Officer,Pahal Outpost on 15.11.14.Copy of station diary entry dt.15.11.14 is filed and marked as Annexure-C.

Immediately after receipt of the claim intimation, Bhadrak Branch office engaged IRDA accredited surveyor and loss assessor Sri S.R.Das on 25.11.14 for assessment of the loss of the alleged accident vehicle, who made the spot survey as well as the final survey.After observation of all formality the surveyor submitted his report on 28.1.15 before the Insurance Office on 16.3.15 with net assessment of loss of Rs.74,250/- after deducting policy excess as per terms and conditions of policy.Copy of the final survey report is fixed and annexed as Annexure-D.

After receipt of the surveyor report, the complainant issued a letter showing his dissatisfaction over the assessment done without specifically mentioning the details of assessment where he wants to differ from the assessment of the surveyor.The letter issued by the complainant is filed and marked as Annexure-E.

On receipt of letter of dissatisfaction of the insured, the Bhadrak Branch office of the insurance company issued a letter to the surveyor on 23.3.15 asking the surveyor to provide his reply giving reason for non-consideration of loss on some parts.Copy of letter dt.23.3.15 is filed and marked as Annexure-F.

On 20.8.15 the surveyor submitted his reply with his opinion that the parts which were damaged at the material time of the accident (cause of accident narrated by complainant) were considered and assessed and the parts which were not found consistent with the damage as alleged were not considered.Letter dt.20.8.15 issued by the surveyor is filed and marked as Annexure-G.

On receipt of such reply from the surveyor, the insurance company communicated the complainant to know his opinion on the survey report and requested him to issue full and final satisfaction voucher with NEFT details for release of the assessed amount.But instead of sending the required documents, the complainant proceeded to file the present complaint.

In reply to the averments made in para-5 of the complaint petition the answering O.Ps challenged that if it is proved by the complainant that he had spent an amount of rupees as claimed by him, then also the insurance company is only liable to pay the assessed amount as per the report of the independent surveyor and is liable only to pay the cost of damage which are consistent with the nature of accident.The knowledge of the complainant on the assessment of the surveyor and repeated discussions was made with the complainant with regard to assessment in presence of the complainant, surveyor as well as the officials of the insurance company.

The complaint petition is otherwise illegal and not maintainable.

3. We have heard from advocates of the parties at length, perused the papers and documents filed by the respective parties and went through the pleadings.  Admittedly the vehicle in question was insured with the O.P No1 and the vehicle met with an accident.  Since the O.P No.1 is not coming within the jurisdiction of this Forum, the case is not maintainable before this Forum.
   6698606.  

Basing upon the facts and circumstances the case is dismissed as not maintainable.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 11^th day of February,2020  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                            Member (W)                                                                                                                                                                                                                                                                                                                                    (Sri D.C.Barik)

 President