DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.126/11
Ashwani Sareen
B-7/13, 2nd Floor
Safdarjung Enclave, New Delhi. .…Complainant
VERSUS
United India Insurance Co. Ltd.
Through Manager
42C, Commercial Complex
Mool Chand, Near State Bank of India
Lajpat Nagar, Delhi-110024. ….Opposite Party
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution: 05.04.2011
Date of Order :18.10.2022
Member: Shri U.K.Tyagi
Complainant has prayed for passing an order directing the United India Insurance Company Ltd. (hereinafter referred to as OP (i) to pay the balance amount of Rs. 40,000/- alongwith interest @ 18 % from the date of lodging the complaint (ii)to pay the interest over the sum of Rs.2,39,500/- from Oct. 2009 to Oct. 2010 @18%; (iii) to pay a sum of Rs. One lakh as compensation for deficiency in service ; (iv) to pay Rs.22,000/-as litigation charges.
Brief facts of the case are as under:-
The complainant had taken a private car package policy from OP for the period 19.10.2009 to 18.10.2010for his vehicle make Hyundai SANTRO GLS bearing Registration No. DL-3C Authority Letter 4595 with IDV of Rs.2,79,000/-. The said vehicle was stolen on 31.10.2009. To this effect, DD No. 16A dated 31.10.2009 was registered and thereafter FIR was lodged. The same is annexed at annexure-C. The OP was informed vide letter dated 31.10.2009. The copy from NCRB regarding non-traceable report was also made available. The said vehicle was hypothecated with HDFC Ltd. and NOC was issued by the said Bank. The surveyor was also appointed by OP. The requisite documents were also made available.
After having processed the claim, the complainant was given cheque of Rs.2,39,500/- on 13.10.2010 instead of Rs.2,79,000/- because IDV of said vehicle was mentioned Rs.2,79,000/- in the proposal form of policy. As such, OP has adopted unfair trade practice.
OP on the other hand filed its reply inter alia raising some preliminary objections. It was averred that the complainant intimated the insurance Co. only on 6.11.2009 after 7 days of incidence of theft. Shri Naresh Dhingra was appointed as Surveyor and Loss Assessor to assess the claim. He submitted his report on 24.3.2010. The surveyor after considering cost of new Santro GLS as on date of loss and book value of the said vehicle was arrived as follows:-
Cost of New Santro GLS car Rs. 3,55,000.00
Less depreciation @ 30% Rs. 1,06,500.00
Net cost of Santro GLS Car Rs. 2,48,500.00
The surveyor also visited many markets to ascertain the market value of said vehicle which was told between Rs. 2,35,000/- to Rs.2,45,500/-. The market value was found less then the book value. The OP after considering survey report, the claim for Rs.2,39,500/- was determined. And the complainant was informed about the same subject to fulfilling the requirements of requisite documents as stipulated in its letter dated 22.7.2010. The same is annexed as Annnexure R-2.
The complainant vide its letter dated 9.10.2010 submitted the requisite documents. The surveyor so appointed is licensed surveyor and report of surveyor has to be given weightage. The amount of Rs.2,39,500/- was towards total loss basis and same was full and final settlement of the claim.
Both the parties have filed written submissions and evidence in affidavit. Written statement is on record so is rejoinder. Oral arguments were heard and concluded. It may be pointed out here that OP was proceeded ex-parte. The Hon’ble State Commission vide its order dated 21.01.2013 set aside the orders of this forum dated 24.08.2011 and 04.01.2012. Hence the above submissions of OP were accepted.
This Commission has gone into the material placed on record. It is noted that the complainant has primarily two grievances – one is about the claim was not released as per IDV of Rs.2,79,000/- and secondly is about the delay in releasing the claim. Therefore, he had claimed the interest on the delayed period. It may be noticed that all the delay cannot be apportioned to the OP. The complainant could intimate the loss of vehicle vide letter dated 6.11.2009 which was received to OP on 9.11.2009. When the surveyor called for requisite documents, some of these were made available 9.2.2010. It is also noted that the OP vide its letter dated 22.7.2010 intimated the complainant about the approval of claim which was subject to submitting the requisite documents. The complainant could submit only on 09.10.2010. It is also noticed that the surveyor submitted its report on 24.03.2010 and some documents by the complainant were submitted on 09.02.2010. On the submission of surveyor’s report the OP intimated the complainant about the approval of the claim on 22.07.2010 only. The OP took around three months in submission of requisite documents. Some time is also required to process the claim. We can say at most two months delay in processing the claim.
As regards to the claim for loss of vehicle, the computation of the cost, after having deducted the depreciation value, the same seems fair and just. It is observed that the IDV indicates the insured sum which is not based on scientific method many a time.
After considering the facts and circumstances in the case, this Commission is of the considered view that there is deficiency in service and negligence on the part of OP to some extent only. The claim value of the said vehicle seems just and fair and no further intervention is required in the said value.
This Commission has explained in detail the time in processing the case and submission of documents by the complainant in previous paras of this order. As such, it was noticed that there is two months delay in releasing the amount to the complainant. Hence, the OP shall pay interest @ 6% per annum on the claim amount of Rs.2,39,500/- for two months within 3 months from the receipt of this order failing which rate of interest shall be levied @ 9% per annual till realization.
File be consigned to the record room after giving copy of the order to the parties as per rules.
