Haryana

Ambala

CC/255/2013

MAMTA - Complainant(s)

Versus

UIIC. - Opp.Party(s)

C.S.KOHALI

15 May 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

             Complaint Case No.    : 255 of 2013

 Date of Institution       : 03.10.2013

             Date of Decision         : 15.05.2017

1. Mamta Jain wife of Parmod Jain, R/o H. No. 78, Ghandi Nagar, Pallam Vihar-D, Ambala Cantt.
2. Parmod Jain son of Sh. Pawan Jain, R/o H. No. 78, Ghandi Nagar, Pallam Vihar-D, Ambala Cantt.                                                                                               

……Complainants.

Versus

1. United India Insurance Co. through its Branch manager, Regd. Office Divisional, Office No. 1, SCO 183-185, Sector 17-C, Chandigarh.
2. National Insurance Co. Through its Branch Manager Regd. Office Second Floor, LIC Building, Opp. Vijay Cinema, Ambala City.

 

                                                                                    ……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act.

 

 

BEFORE:       SH. D.N. ARORA,  PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

                        MS. ANAMIKA GUPTA, MEMBER.

                       

Present:          Sh. C.S. Kohli, counsel for complainant.

                        Sh. R.K. Vij, Counsel. counsel for OPs.

 

ORDER.

 

                        In nutshell, brief facts of the complaint are that the complainants insured their building with United Insurance Co. for Rs. 3.5 lacs and with National Insurance Co. for Rs. 2.00 lacs against fire & flood loss etc.

	Claim No. 1 Insurance with United Insurance Co. they deputed Sanjeev Mahajan. His report is as under:	Claim No. II Insurance with National Insurance Co. They deputed D.K. consultants. His report is as under:
Sum insured	Rs. 3.5 lacs	Rs. 2.00 or total 5.5 lacs
Policy No. insured w.e.f.	110200/46/04/00298 02-08-2004 to 01-08-2014	11/08/31/00000317 26-11-2008 to 25-11-2018
Assessed in value of building	5.50	7,96,185/-
Loss assessed for reduced for salvage     Under Insurance	Rs. 1,03,410/- NIL     NIL	Rs. 51,569 (-)               1,000                  50,569   -31% i.e. Rs. 15,676/-
Net Loss	1,03,410/-	Rs. 34,893/-
United India Insurance share for Rs. 3.5 Lacs	66,532/-	Rs. 22,205/-
National India Insurance share for Rs. 2.00 lacs	36,878/-	Rs. 12,688/-
	1,03,410/-	34,893/-

           

                        It is submitted that United India Insurance Co. has not paid the claim till date though the loss was assessed on lower side. It is further submitted that National India Insurance Co. paid the loss on 22-06-2011 for Rs. 12,569/-. It is further submitted that National India Insurance prejudicially assessed the loss of Rs. 12,569/- whereas the surveyor M/s Sanjeev K. Mahajan, assessed the National Insurance Co. Liability for Rs. 36,878/-.

                        It is further submitted that the complainants approached the office of Insurance Ombudisman Chandigarh for loss against P. No. 11/08/31/00000317 insured with National Insurance Co. for S.I. 2.00 Loss, + P. No. 110200/46/04/00298 insured with United India Insurance Co. for Rs. 3.5 Lacs loss. They have also prejudicially assessed the loss for (i) National Insurance Co. Share Rs. 12,608/- (ii) United India Insurance share 22,205/- + 8 % interest w.e.f. 27-01-2012 vide their dated 06-09-2013. It is prayed that the United India Insurance may kindly be directed to pay loss 66,532/-+ 12% from the date of loss+10,000/- claim expenses +harassment charges and National Insurance Co. be also directed to pay balance loss for Rs. 24,309/- + 12% interest from the date of loss + 6,000/- claim + harassment charges as M/s Sanjeev K. Mahajan is an independent surveyor and loss assessed by him should be accepted, though loss assessed by M/s Sanjeev K. Mahajan is also on lower side as against our estimate for Rs. 1,61,255.00/-.

2.                     Upon notice, OPs appeared through counsel and filed written statement vide which OP No. 1 raising preliminary objections qua maintainability of complaint.  On merits, it has been submitted that the OP No. 1 committed no wrong by sanctioning amount of Rs. 25,130/- as per order dated 19-08-2013 passed by Manik Sonawane, Insurance Ombudsman, Chandigarh. The OP No. 1 sent a letter dated 19-09-2013 to the Manager, bank of Baroda, Ambala City alongwith cheque of Rs. 25,130/- No. 997636 dated 19-09-2013 towards full and final settlement of the claim. The complainant Parmod Jain also wrote a consent letter dated 19-08-2013 to the OP No. 1 regarding acceptance of the said amount which solves the issue finally for all times to come so far OP No. 1 is concerned. Sh. R.K. Bhola Surveyor was deputed by the OP No. 1 to verify the same and the surveyor report prepared by the same on the basis of actual physical verification of the flood loss and accordingly the flood loss assessed of the house in question comes to Rs. 22,230/- and observed that the loss is not covered under the terms and conditions of the policy. Sh. D.K. Gulati Surveyor was deputed by the OP No. 2 to verify the flood loss of house of the complainant and the surveyor report prepared by the same on the basis of actual and physical verification of the flood loss and accordingly the flood loss assessed of the house in question comes to Rs. 34,893/- i.e. share of National Insurance Company limited is Rs. 12,688/- and share of United India Insurance Company is Rs. 22,205/-. Sh. D.K. Gulati, Surveyor has assessed the loss on the basis of assessed amount and therefore his report has duly been considered by Insurance Ombudsman, Chandigarh. The complainant approached to the office of Insurance Ombudsman, Chandigarh and as per order dated 19-08-2013 it has been ordered that the OP No. 1 is liable to Rs. 22,205/- along with @ 8 % w.e.f. 27-01-2013 to till date i.e. 19-09-2013. Thus prayed that there is no deficiency in service on the part of OP No. 1 and prayed for dismissal of complaint qua OP No. 1 with costs.

            OP No. 2 raising preliminary objections qua maintainability of complaint, and jurisdiction.  On merits, it has been submitted that Sh. D.K. Gulati Surveyor was deputed by the OP No. 2 to verify the flood loss of house of the complainant and the surveyor report prepared by the same on the basis of actual and physical verification and accordingly the flood loss assessed of the house in question comes to Rs. 34,893/- i.e. share of national Insurance company limited is Rs. 12,688/- and share of United India Insurance Company is Rs. 22,205/-. It is further submitted that the OP No. 2 committed no wrong by sanctioning amount of Rs. 12,569/-. The OP No. 2 arrived at the conclusion after scrutiny of surveyor report and examination of the documents. The complainant Mamta Jain wrote a letter dated 25-04-2011 to the OP No. 2 regarding acceptance of the said amount and also executed “SATISFACTION DISCHARGE VOUCHER” dated 22-06-2011 as full and final settlement. It is further submitted that the surveyor report of Sanjeev K. Mahajan who nowhere in his report assessed the liability of OP No. 2 for Rs. 36,878/-. The OP No. 2 has already paid amount of Rs. 12,569/- in favour of the complainant prior to filing the complaint before Insurance Ombudsman, Chandigarh by the complainant. It is further submitted that the complainant approached to the Office of Insurance Ombudsman, Chandigarh and as per order dated 19-08-2013 it has been ordered that the OP No. 1 is liable to pay Rs. 22,205/- alongwith interest @ 8 % wi.e.f. 27-01-2013 to till date i.e. 19-09-2013. The OP No. 1 also committed no wrong by sanctioning amount of Rs. 25,130/- and also sent a letter dated 19-09-2013 along with cheque to the Manager, Bank of Baroda, Ambala City. The complainant Parmod Jain also wrote a letter dated 19-08-2013 to OP No. 1 regarding acceptance of the said amount. Thus prayed that there is no deficiency in service on the part of OP No. 2 and prayed for dismissal of complaint qua OP No. 1 with costs.

3.                     To prove his version, counsel for complainant tendered affidavit as Annexure CX alongwith documents as Annexures C-1 to C-12 and closed the evidence.  On the other hand, counsel for OP No. 1 tendered affidavits as Annexures RX and RY alongwith documents as Annexures R-1 to R-7 and closed the evidence of OP No. 1 and counsel for OP No. 2 tendered affidavits as Annexure RA & Annexure RB alongwith documents as Annexures R8 to R14 and closed the evidence on behalf of the OP No. 2.  

4.                     We have heard learned counsel for the parties and gone through the case file very carefully.  It is observed that United India Insurance Co. has not paid the claim amount till date though the loss was assessed on lower side. Whereas National India Insurance Co. had paid the loss on 22-06-2011 for Rs. 12,569/- as admitted in the complaint.  Counsel for the complainant has contended that he approached the office of Insurance Ombudsman Chandigarh for loss against P. No. 11/08/31/00000317 insured with National Insurance Co. for S.I. 2.00 Loss, + P. No. 110200/46/04/00298 insured with United India Insurance Co. for Rs. 3.5 Lacs loss. He further contented that they have also prejudicially assessed the loss for (i) National Insurance Co. Share Rs. 12,608/- (ii) United India Insurance share 22,205/- + 8 % interest w.e.f. 27-01-2012 vide their dated 06-09-2013.

                        On the other hand counsel for the OP No. 1 has argued Sh. D.K. Gulati Surveyor was deputed by the OP No. 2 to verify the flood loss of house of the complainant and accordingly the flood loss assessed of the house in question is Rs. 34,893/- i.e. share of National Insurance Company limited is Rs. 12,688/- and share of United India Insurance Company is Rs. 22,205/-. Sh. D.K. Gulati, Surveyor has assessed the loss on the basis of assessed amount and therefore his report has duly been considered by Insurance Ombudsman, Chandigarh. As such, OP No. 1 committed no wrong by sanctioning amount of Rs. 25,130/- as per order dated 19-08-2013 passed by Manik Sonawane, Insurance Ombudsman, Chandigarh. The OP No. 1 sent a letter dated 19-09-2013 to the Manager, bank of Baroda, Ambala City alongwith cheque of Rs. 25,130/- No. 997636 dated 19-09-2013 towards full and final settlement of the claim as Annexure R6. The complainant Parmod Jain also wrote a consent letter dated 19-08-2013 to the OP No. 1 regarding acceptance of the said amount as Annexure R5.

            As per version of the counsel for the OP No. 2 that Sh. D.K. Gulati Surveyor was deputed by the OP No. 2 to verify the flood loss of house of the complainant and accordingly the flood loss assessed which comes to Rs. 34,893/- i.e. share of national Insurance company limited is Rs. 12,688/- and share of United India Insurance Company is Rs. 22,205/-. Accordingly, the OP No. 2 committed no wrong by sanctioning amount of Rs. 12,569/-. The complainant Mamta Jain wrote a letter dated 25-04-2011 to the OP No. 2 regarding acceptance of the said amount and also executed “SATISFACTION DISCHARGE VOUCHER” dated 22-06-2011 as full and final settlement as per Annexure R11 and Annexure R12.  

            After hearing the counsel for the parties and gone through the case file very carefully it is observed that the complainants approached the office of Insurance Ombudsman Chandigarh for loss against P. No. 11/08/31/00000317 insured with National Insurance Co. for S.I. 2.00 Loss, + P. No. 110200/46/04/00298 insured with United India Insurance Co. for Rs. 3.5 Lacs loss. On which they have filed their report Annexure C12 and Annexure R4 vide which they assessed the loss for (i) National Insurance Co. Share Rs. 12,608/- (ii) United India Insurance share 22,205/- + 8 % interest w.e.f. 27-01-2012 vide their dated 06-09-2013.

            We are of the considered view that the report filed by the office of the Insurance Ombudsman, Chandigarh is justified as the said office is the main office of the Insurance companies of the States of Punjab, Haryana, Himachal Pardesh, J&K and Chandigarh. So we cannot ignore the report of that office. Perusal of the case file reveals that the OP No. 2 National Insurance company has already been paid his share to the complainant as per Annexure R11 and Annexure R12. But OP No. 1 has not paid his share i.e. Rs. 22,205/- + 8% interest w.e.f. 27-01-2012 as there is no document on the file, which can prove that the OP No. 1 has made the payment of his share to the complainant as per report of Insurance Ombudsman, Chandigarh.

            We further observed that the complainant is facing the litigation since the year 2013 for a petty amount, although it is the duty of the opposite party No. 1 to pay the amount at the earlier stage but they did not pay the same. So, we assess the cost of litigation as well as mental agony and harassment amounting to Rs. 5,000/-.  

                        In view of the above said discussion, we partly allow the present complaint with costs and the OP No. 1 is directed to comply the following directions within a period of thirty days from receipt of copy of the order:-

1. To pay a sum of Rs. 22,205/- along with @ 8 % w.e.f. 27-01-2013 till 19-09-2013 and further interest @ 9% per annum from the date of filing of the complaint till its realization. Failing which, he is liable to pay further interest @ 12 % on the awarded amount till its realization.
2. Also to pay a sum of Rs. 5,000/- as costs on account of litigation and harassment as assessed above.  

                        Copies of the order be sent to the parties, free of costs, as per rules.  File be consigned to the record room after due compliance.

 

ANNOUNCED ON:  15.05.2017.                                              Sd/-

                                                                                           (D.N. ARORA)

                           PRESIDENT                      

 

                                                                                                  Sd/-

(PUSHPENDER KUMAR)

                                                                                                MEMBER

 

                                                                                                    Sd/-           

                                                                                    (ANAMIKA GUPTA)

                                                                                                MEMBER