OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Consumer Complaint No. 83 of 2012
Date of Filling : - 09.02.2012.
Date of Order :- 29.05.2017.
Sanjay Ku.Sahu,S/O.Bimbadhar Sahu,
Vill-Dadhikhai,P.O.Kotagara,P.S:-
Tumusingha,Dist.Dhenkanal.
_________________________Complainant.
Vrs.
01.United India Insurance Company Ltd.,
Represented through the Branch Manager,
Bhubaneswar OCHC Building,Block No.A,
First Floor Unit-III (Near Rammandir),Kharvel-
Nagar,Bhubaneswar,Dist.Khurda.
02. United India Insurance Company Ltd.,
Represented through the Divisional Manager,
Shree Ram Market Complex,N.H55,Angul,
P.O/Dist-Angul-759122.
_________________________ Opp. parties.
For the complainant :- Sri D.K.Pani & associates(Advs.)
For the opp.party No.1:- Advocate
For the opp.party No.2:- Sri B.K.Pradhan (Adv.)
: J U D G E M E N T :
Sri D. C. Mishra, President.
The complainant has filed this case with prayer to direct the opp.parties to pay Rs. 73,000.00 with interest @ 12% per annum from the date of claim till the actual payment is made to him along with litigation and mental agony charges.
2. The petitioner’s case runs thus:-
That, on 18.10.2010 the complainant had purchased TOYOTA INNOVA CAR NO. OR05AM-1409 and insured it with the opp.parties vide policy No. 2602003111P001232370 which was valid upto 17.10.2012 midnight. On 17.03.2012 i.e within the valid insurance period while the car was proceeding towards Jajpur being driven by Panchanan Sahoo having valid D.L, met with an accident at Kuakhia due to wrongful driving of the offending vehicle bearing Regd.No. OR02BF-6019 and sustained massive damage .It is averred that the complainant intimated the fact of accident to the insurance company on the same day over phone and accordingly the surveyor of the insurance company inspected the damaged vehicle and submitted the report to the company and then the complainant shifted his damaged car to the company/authorized dealer for repairing. The company took Rs. 1,12,500.00 only towards repairing charges .It is alleged that though insurance claim for the above amount of Rs. 1,12,500.00 was made by the complainant but the opp.parties (insurance company) paid Rs. 33,500.00 in shape of cheque which was accepted by the complainant on 10.05.2012 with objection. Therefore, the complainant has filed this case, claiming the reliefs as already stated above in Para No.1.
3. The opp.party No.2 has contested the case by filing written version, denying all the allegations and averments made by the complainant with prayer to dismiss the case as not maintainable , barred by limitation and there is no cause of action. Opp.party No.1 has not filed written version but has contested the case.
4. In view of the rival pleadings of the parties the following issues arises for consideration.
ISSUE:-
- Whether the complainant is entitled to get Rs. 73,000.00 with interest @12% p.a from the date of claim till the actual payment is made from the opp.parties along with compensation for mental agony and litigation expenses.
Issue No(i):- According to the petitioner his Innova TOYOTA Car bearing Regd. No. OR05AM-1409 met with an accident at Kuakhia due to wrongful driving of the offending vehicle and sustained severe damage. The petitioner has further pleaded that the accident took place during valid insurance policy period and soon after the accident the petitioner reported the fact to police and to the concerned insurance company (opp.party). The insurance company deputed surveyor and after surveyor’s report the petitioner shifted the damaged car to the authorized service station for repairing. All the above facts have not been disputed by the opp.parties. The specific submission of the complainant is that, though he paid Rs. 1,12,445.00 to the authorized service station for repairing of the damaged car but the opp.party(insurance company ) reimbursed Rs. 33,500.00 to him which he has received with objection. When the authorized dealer took Rs. 1,12,445.00 only for repairing of the vehicle, this forum is unable to know as to how and why a sum of Rs. 33,5000.00 only was reimbursed to the petitioner. According to the opp.party Rs. 33,500.00 was reimbursed to the petitioner basing on the report of the surveyor deputed by it .Er.D.K.Pattanaik, surveyor and loss assessor deputed by the opp.party for survey has submitted the final assessment report (Annexure-1-4 sheets) for Rs. 33,500.00 only which was paid to the complainant. The surveyor has not clearly mentioned as to how and why he assessed the claim of the complainant to be Rs. 33,500.00 as against Rs. 1,12,445.00 taken by the authorized dealer. The surveyor is the company man. In the decision report in “212(3) C.P.Act 466(N.C),New India Assurance company Ltd, petitioner-Vrs- Banwari Lal Chanddha and another,respondents”, the Hon’ble National Commission have held that :-
5. From the foregoing discussions it is found that the surveyor i.e Er.D.K.Pattanaik who has made the final assessment was deputed by the opp.party, as such he is a man of the opp.party and naturally interested for it (opp.party). Further, the surveyor has not explained as to how and why he made the final assessment for payment of insurance to be Rs. 33,500.00 when the authorized service center has taken Rs. 1,12,445.00 vide receipt (Annexure-II) . Thus, it is presumed that the surveyor being the man of the opp.party has intentionally made less final assessment for payment of insurance amount. So the assessment made by the surveyor cannot be accepted as final for ends of justice .Opp.party should be directed to pay the entire amount taken by the authorized service center. However, the petitioner has claimed Rs. 73,000.00 only for which the opp.party should pay the same to the petitioner with interest @ 5% p.a yearly compoundable from the date of filing of the case i.e 5.9.2012 till actual payment is made.
6. Hence the order :-
: O R D E R :
This complain case is disposed of on contest against the opp.parties.The opp.parties are directed to pay Rs. 73,000.00 (Rupees Seventy-Three Thousand) only to the complainant with interest @5% per annum yearly compoundable from the date of filing of this case i.e from 5.9.2012 to till the actual payment is made. Also the opp.parties shall pay Rs. 2,000.00 (Rupees Two Thousand) to the complainant for litigation expenses. The opp.parties are directed to make the payment within 45(Forty-Five) days of this order.
Order delivered in the open forum
today the 29th May,2017 with
hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President .
Sd/-
Sd/- (Sri K.K.Mohanty),
(Smt.S.Mallick) Member.
Member.
