| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 86 of 22.2.2019 Decided on: 2.12.2022 Deep Singh son of Santa Singh, resident of village Chatha Gobindpur, Tehsil Moonak, District Sangrur. …………...Complainant Versus United India Insurance Company Ltd. having its Divisional office Opp. Polo Ground, Sai Market, Patiala through its Divisional Manager. …………Opposite Party Complaint under the Consumer Protection Act QUORUM Sh. S.K.Aggarwal, President Sh.G.S.Nagi,Member ARGUED BY Sh.Parminder Singh, counsel for the complainant. Sh.Kulwant Singh, counsel for the opposite party. ORDER S.K.AGGARWAL,PRESIDENT - The instant complaint is filed by Deep Singh S/o Santa Singh (hereinafter referred to as the complainant) against the United India Insurance Company (hereinafter referred as the OP) under the Consumer Protection Acton(hereafter referred to as the Act).
- It is averred that the complainant is registered owner of Swift VDI car bearing registration No.PB-13-AH-3348, Model 2013, bearing engine No.DIA0381555 and chassis No.MA3FHEBIS00427509. The above said vehicle was got insured by the complainant with the OP vide policy No.334280031170160157350 for the period from 28.8.2017 to 27.8.2018 for an amount of Rs.3,12,387/-.The above said vehicle belonging to the complainant met with an accident on 4.7.2018 at about 9.30PM near village Dhanauri and the complainant informed the OP in respect of the said accident. The complainant lodged the claim of the said vehicle with the OP. The OP deputed its surveyor for inspection, who inspected the said vehicle and declared it as a total loss on net of salvage basis with RC by the surveyor. The value of the salvage was assessed to the tune of Rs.2,30,000/- and loss in respect to the said vehicle was assessed to the tune of Rs.81,387/-.But lateron the OP vide its letter dated 8.11.2018 informed the complainant that the value of the salvage has been assessed to the tune of Rs.2,70,000/- and after deducting the policy clause of Rs.1000/- the complainant shall be paid only Rs.41387/- against the amount of Rs.80387/- which was earlier agreed to be paid to the complainant. The complainant was asked to submit the affidavit showing its willingness to retain the salvage of the said vehicle, so that amount of Rs.80387/- as loss to the vehicle can be released to the complainant and accordingly the complainant submitted an affidavit dated 17.10.2018 but the amount to the tune of Rs.80387/- was not released. The OP issued letter dated 3.12.2018 to the complainant asking to submit insurance document so that the amount of Rs.41387/- may be released and later another letter dated 22.1.2019 was also issued to the complainant. Inspite of submitting relevant documents and the document dated 17.10.2018, the OP has failed to release the amount to the complainant to the tune of Rs.80387/-on account of loss to the above said vehicle. Consequently, prayer for acceptance of the complaint has thus been made.
- Upon notice, written statement on behalf of OP was filed. Preliminary objections were taken wherein it is averred that false and frivolous complaint has been filed; the complainant is not a consumer; the complainant has not knocked the door with clean hands and has suppressed the true and material facts.
- On merits, it is averred that on receipt of intimation regarding the accident of said car through system generated message on 28.7.2018, the OP deputed Er.Gautam Modi, surveyor-cum-loss assessor to assess the extent of loss in respect of vehicle No.PB-13-AH-3348 and the said surveyor vide its report dated 24.9.2018 had assessed the loss on net of salvage basis with RC and the complainant agreed to the full satisfaction for the same loss assessed by the surveyor Er.Gautam Modi on net of salvage basis with RC. It is denied that the salvage was assessed to Rs.2,30,000/- and that loss in respect of the vehicle was assessed to the tune of Rs.81,387/-.As a matter of fact value of the vehicle with RC was assessed at Rs.2,65,000/- and liability of the insurance company was assessed to the tune of Rs.46,387/- after deducting the policy clause. However, the OP in order to assure the actual value of damaged vehicle sought another opinion from Sh.Anil Mehta, Surveyor and loss assessor to assess the value of total loss, who vide its report dated 5.9.2018 assessed the value of the vehicle to the tune of Rs.2,70,000/- with RC. The company/OP is ready to make the payment of balance amount of Rs.41387/- and in this regard letter dated 8.11.2018 was sent to the complainant. All other averments and contentions made in the complaint have been denied and consequently prayer for dismissal of the complaint has thus been made.
- In order to prove the complaint, the complainant has furnished his affidavit,Ex.CA and produced the documents Ex.C1 copy of insurance policy, Ex.C2 copy of letter dated 8.11.2018, Ex.C3 copy of affidavit, Ex.C4 copy of letter dated 3.12.2018,Ex. C5 copy of letter dated 22.1.2019 and closed the evidence.
- On the other hand, the OP furnished the affidavit, Ex.OPA of Er.Gautam Modi, Surveyor-cum-Loss Assessor, Ex.OPB affidavit of Kuldeep Kaur, Dy.Manager, UIIC alongwith documents Ex.OP1copy of final loss assessment report, Ex.OP2 copy of report of Mr.Anil Mehta, Ex.OP3 copy of letter dated 8.11.2018, Ex.OP4 copy of letter dated 3.12.2018,Ex.OP5 copy of letter dated 22.1.2019 OP5 and closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the written arguments and the record of the case available on the file, carefully.
- Concededly, the complainant lodged the claim in respect of the said vehicle with the OP. It is the plea of the complainant that the value of the salvage was assessed to the tune of Rs.2,30,000/- and loss in respect of the vehicle was assessed to the tune of Rs.81387/-.Now the question for determination arises as to whether the complainant has been able to prove the loss of Rs.81387/- on the record. The answer is in negative. Thus, the complainant has furnished an affidavit to that effect but no cogent and convincing evidence has been lead to prove that the salvage was assessed to the tune of Rs.2,30,000/-.The complainant could also not establish on the record that the amount of Rs.80387/- was earlier agreed to be paid to him.
- On the other hand, the OP has come forward with the plea that the complainant is entitled to get an amount to the tune of Rs.41387/-. As per surveyor report Ex.OP2 furnished by Mr.Anil Mehta and not to the tune of Rs.46387/- as per Ex.OP1, the report submitted by Mr.Gautam Modi. However, this limb of the arguments put forth by the Ld. counsel for the OP is not acceptable. Ex.OP1, is a detailed and exhaustive report whereas the report, Ex.OP2 given by Mr.Anil Mehta is not a detailed report. Therefore, we do not find any reason or occasion to discard the report, Ex.OP1.Therefore, striking balance between the interest of the parties, we are of the view that the complainant is entitled to get the amount to the tune of Rs.46,387/-alongwith interest @6% per annum from the date of filing of the instant complaint i.e. 22.2.2019 till its realization. The complaint is accordingly partly allowed. The complainant is also held entitled to the costs and compensation of Rs.1000/-.
- Compliance of the order be made by the OP within a period of 30 days from the receipt of the certified copy of this order.
PRONOUNCED DATED:2.12.2022 G.S.Nagi S.K.AGGARWAL Member President | |
