Punjab

Sangrur

CC/299/2018

Harrinder Singh - Complainant(s)

Versus

United India Assurance Company Limited - Opp.Party(s)

Sh.J.S.Kaler

03 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

                                                                        Complaint No. 299

Instituted on:   16.07.2018

                                                                        Decided on:     03.05.2019

 

Harrinder Singh son of S. Nirmal Singh, resident of Punjabi University, 36^th Batallion, New Professor Colony, Patiala Tehsil and District Patiala.

 

                                                        …. Complainant.      

                                         Versus

 

1.     United India Insurance Company Ltd. above Aggarwal Auto, Dirba, Tehsil Dirba, District Sangrur 148 035.

2.     United India Insurance Co. Ltd. Regional Office, Millar Ganj, Floor No.1, Ludhiana, Punjab 141 001.

             ….Opposite parties

 

 

FOR THE COMPLAINANT:     Shri J.S.Kaler, Advocate                          

 

FOR OPP. PARTIES           :      Shri Ashish Garg, Advocate.      

 

Quorum

         

                   Vinod Kumar Gulati, Presiding Member

                    Manisha, Member

ORDER:  

 

Vinod Kumar Gulati, Presiding Member

 

1.             Shri Harrinder Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant availed the services of the OPs by getting insured his vehicle i.e. truck bearing registration number PB-13-AW-3470  vide policy number 1117843116P114358882 for the period from 22.01.2017 to 21.01.2018 from the Ops. Further case of the complainant is that on 04.09.2017, the complainant was going on to Odisha from Himachal Pradesh by loading apples and the truck was being driven by the driver, namely, Santosh Kumar Thakur and when the truck reached near Jaleshwar (Odisha) at that time front going vehicle suddenly applied break and to save the vehicle, the driver of the truck of the complainant also applied  the break, but due to this sudden breaks the truck got imbalanced and capsized on right side and damaged badly, of which DDR was got lodged.  The complainant immediately contacted Mr. Satish Kumar Branch Manager of the OP number 1 and intimated about the accident and requested him for appointment of the surveyor, but surveyor could not reach there, as such the complainant clicked the photographs and obtained the DDR.  Thereafter the Ops appointed the surveyor, who assessed the loss of the truck at Rs.1,51,500/-, but the OP paid only an amount of Rs.113200/- and illegally deducted an amount of Rs.38,350/- without any reason.  Though the complainant approached the Ops so many times for payment of the remaining claim amount, but all in vain. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant the remaining claim amount of Rs.38,300/-  and further complainant has claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, it has been admitted that the truck in question was insured with the Ops. It is further admitted that after receipt of the intimation regarding accident on 4.9.2017, the OPs appointed Shri V.K.Kohli, surveyor and loss assessor, who assessed the loss at Rs.1,50,870/-. In the present case, no spot survey was arranged, but the said surveyor assessed the final loss in the light of spot photos submitted by the insured.  Further case of the Ops is that after examining the entire file carefully, the competent authority sanctioned Rs.1,13,200/- as compensation after deducting 25% on substandard basis as per circular dated 15.7.2015 and the OP paid the remaining amount to the complainant. The other allegations leveled in the complaint have been denied and lastly, the Ops have requested for dismissal of the complaint with special costs. 

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-15 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP-1 to Ex.OP-6 copies of documents and affidavit and closed evidence.

 

4.             We have given a thoughtful consideration to the rival contentions of the parties and heard the arguments of the learned counsel for the parties.

 

5.                It is admitted fact between the parties that the truck of the complainant was insured with the OP number 1. The sum insured was Rs.24.00 Lacs.  The insurance cover was valid from 22.1.2017 to 21.2.2018.  The truck of the complainant met with an accident on 4.9.2017.  The Ops appointed the surveyor, who assessed the loss of the truck amounting to Rs.1,51,500/-, but the Ops credited an amount of Rs.1,13,200/- only in the account of the complainant, thus paying less of Rs.38,350/-.   We have gone through the reply of the Ops and observed that the Ops sanctioned an amount of Rs.1,13,200/- after deducting 25% on the substandard basis as per their circular dated 15.7.2015 as the spot survey report was not arranged by the insured.  The complainant has not placed on record any document showing that he informed the nearest office of the Ops from the site of accident to arrange the spot survey.  As such, we find that there is no deficiency in service on the part of the Ops.

 

 

6.             In sequel of the above discussion, we see no merit in the complaint, as such, the complaint is dismissed. However, the parties are left to bear their own costs. Copies of the order be sent to the parties free of cost and there after file be consigned to record room.

 

                        Pronounced.

                        May 3,  2019.                                          

                                                          (Vinod Kumar Gulati)

                                                             Presiding Member

 

 

 

                                                                (Manisha)

                                                                  Member