THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 377 of 14

Date of Institution : 15.7.2014

Date of Decision : 06.05.2015

Shri Amit Dilawarie son of Late Kewal Krishan Dilawarie, age 36 years, r/o H.No. 400, Dilawarie Bhawan, P.S. “D” Division, Majith Mandi, Amritsar

...Complainant

Vs.

United India Insurance Company Ltd., through its branch Manager/Principal Officer having office at 1374/XVII, First Floor, Alfa Lane, Near Punjab & Sind Bank, Batala Road, Amritsar 143004

....Opp.parties

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainants : Ms. Raj Gund,Adv

For the opposite party : Smt. Neena Kapoor,Adv.

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Sh. Amit Dilawarie under the provisions of the Consumer Protection Act alleging therein that he got his car Tata Nano bearing registration No. PB-02-BQ-8229 insured with the opposite party vide cover note No. 200302311301637 for the period from 28.11.2013 to 27.11.2014 with sum assured Rs. 1,00,000/-. On 11.1.2014 glasses of the front and back portion of the vehicle were broken and complainant moved a complaint before the police station “D” division, Amritsar vide DDR No. 33 dated 11.1.2014 . Complainant got his car repaired from Arneja Automobiles and Hanson Motors and incurred a sum of Rs. 8129/- and also incurred a sum of Rs. 200/- for inspection conducted by the surveyor . Complainant lodged claim with the opposite party but the opposite party has paid only Rs. 5745/- to the complainant. Thereafter complainant wrote letter to the opposite party for payment of the balance amount , but to no avail. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to settle the claim alongwith interest @ 12% p.a. Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that on receipt of the intimation from the complainant, opposite party appointed surveyors/Investigator to assess the net loss,who assessed total loss on repair basis Rs. 6745/- less excess clause Rs. 1000/- with net liability Rs. 5745/- which has been paid to the complainant as full and final settlement of the claim. While denying and controverting other allegations, dismissal of complaint was prayed.

3. Complainant tendered into evidence his affidavit Ex.CW1/A, copy of insurance cover note Ex.C-1, copy of DDR Ex.C-2, copies of bills Ex.C-3 & Ex. C-4,copy of inspection report Ex.C-5, copy of application Ex.C-6, postal receipt Ex.C-7, delivery letter dated 22.11.2013 Ex.C-8, RC of the vehicle Ex.C-9, certified copy of the order Ex.C-10.

4. Opposite party tendered affidavit of Sh. Baldev Singh Ex.OP1, motor survey report of Kamal Kishore Kaushal Ex.OP2, Insurance policy Ex.OP3.

5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties

6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got his car Tata Nano bearing registration No. PB-02-BQ-8229 insured with the opposite party vide cover note No. 200302311301637 on 27.11.2013 for the period from 28.11.2013 to 27.11.2014 Ex.C-1 with sum assured Rs. 1,00,000/- (IDV). The complainant alleges that on 11.1.2014 some unknown persons broke the glasses of front and back portion of vehicle of the complainant insured with the opposite party. Complaint was lodged to the police of P.S. “D” division, Amritsar where DDR No. 33 dated 11.1.2014 u/s 427 IPC was registered Ex.C-2. The complainant got the car repaired from Arneja Automobiles and Hanson Motors, Amritsar and paid Rs. 8129/- vide bills Ex.C-3 and C-4. He also incurred a sum of Rs. 200/- for inspection conducted by the surveyor appointed by the opposite party. Claim was lodged with the oppsoite party, but the opposite party paid Rs. 5745/- only to the complainant. The complainant wrote letter to the opposite party for the settlement of the claim of the complainant. But the opposite party did not pay any heed to the request of the complainant. The complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

7. Whereas the case of the opposite party is that on receipt of the intimation from the complainant, opposite party appointed surveyors/Investigator to assess the net loss, who submitted their report Ex.OP2 dated 14.2.2014, who assessed total loss on repair basis Rs. 6745/- less excess clause Rs. 1000/- with net liability Rs. 5745/-. Resultantly cheque of Rs. 5745/- was given to the complainant as per the surveyor report. The complainant did not challenge the surveyor report nor pointed out any defect in the surveyor report. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.

8. From the entire above discussion, we have come to the conclusion that the vehicle of the complainant i.e. Tata Nano bearing registration No. PB-02-BQ-8229 was insured with the opposite party vide cover note No. 200302311301637 Ex.C-1 for the period from 28.11.2013 to 27.11.2014 with sum assured Rs. 1,00,000/-(IDV). Glasses of front and back portion of the vehicle of the complainant were broken by some unknown persons on 11.1.2014 and the complainant lodged complaint with the police of P.S. “D” Division, who recorded DDR No. 33 dated 11.1.2014 u/s 427 IPC , copy of which is Ex.C-2. The opposite party was also informed . The complainant got the car repaired from Arneja Automobiles, Amritsar and Hanson Motors Automobiles Engineers and paid Rs. 8129/- to the aforesaid service stations vide invoices Ex.C-3 and Ex.C-4 respectively. Claim was lodged by the complainant with the opposite party. Opposite party appointed surveyors Mr. Kamal Kishore Kaushal to assess the loss. The said surveyor after verification, considering all the facts of the case submitted his report Ex.OP2 dated 14.2.2014 which is quite detailed one . Vide this report the surveyor assessed total loss on repair basis Rs. 6745/- less excess clause Rs. 1000/- and held the opposite party liable to pay Rs. 5745/- to the complainant. The complainant did not challenge this survey report nor pointed out any defect or deficiency in this report. Resultantly on the basis of this survey report, Ex.OP2 paid an amount of Rs. 5745/- to the complainant through cheque which was duly received by the complainant. It has been held by the Hon'ble National Commission in case Oriental Insurance Co. Ltd. Vs. B. Ramareddy II(2006) CPJ 339 (NC) that surveyor's report is an important piece of evidence. Compensation can be awarded only on the basis of surveyor's report. It has also been held by the Hon'ble Gujarat State Commission in case United India Insurance Co.Ltd and another Vs. Hotel White Rose 2004(3) CLT 494 that surveyor assessment was wrong, burden to prove is on the consumer to establish by producing evidence that what has been left out by the opponents and what has been not correctly and properly assessed by the opponents. As such, we hold that the opposite party was justified in proving that the claim of the complainant is not payable as per terms and conditions of the policy.

9. Opposite party relying upon survey report Ex.OP2 which is quite detailed one , in which every aspect has been considered and the complainant did not challenge this report nor pointed out any defect . So the opposite party was justified in settling the claim of the complainant to the tune of Rs. 5745/-.

10. Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

6.05.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member