West Bengal

Paschim Midnapore

CC/40/2016

Sri Sumanta Bera - Complainant(s)

Versus

United India Insurance Co.Ltd. - Opp.Party(s)

Asim Kumar Dutta

04 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

 

Pulak Kumar Singha, Member

and

Smt. Sagarika Sarkar, Member

    

Complaint Case No.40/2016

 

Sri Sumanta Bera, S/O Late Aloke Bera, Vill. Durlavgunj,

P.O. Satbankura, P.S. Gargbeta,

Dist-Paschim Medinipur…..….………Complainant

Versus

United India Insurance Co.Ltd., notice to be served upon Divisional Manager, Medinipur Divisional Office, United India Insurance Co. Ltd., Battalachawk, P.O. Medinipur, Dist. Paschim Medinipur, PIN-721101.………….Op.

 For the Complainant:  Mr. Asim Kumar Dutta, Advocate.

 For the O.P.             :  Mr. Mohanlal Das Kanungo, Advocate.                         

 

                                                 Decided on: -   04/05/2017                              

ORDER

               Mr. Pulak Kumar Singha, Member :  The complainant files this case U/S 12 of the C.P. Act, 1986.

               In short the case of the complainant is that the complainant is a register owner of Truck being No. WB-33A/9496. The said Truck was validly insured with the Op. and insurance policy was valid from 21/05/2015 to 20/05/2016. Said Truck met with a road accident 27/12/2015 under Gargbeta Police Station and made a G.D. Entry being no. 918 dated 27/12/2015 of the said P.S. on 28/12/2015 the complainant has submitted written in limitation to the Op. in respect of the accident of the vehicle in question. Op. engaged

Cond……………….P/2

 

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surveyor Mr. Rajat Kanti Chakraborty who made spot survey on 18/01/2016 and complainant submitted an estimate of cost for repaired the vehicle of Rs. 2,28,557/-. Subsequently final surveyor Asoke Kumar Palit send two mails for labour change of Rs. 35,000/- and Rs. 45,000/- plus cost of spare par with deduction. Op. intentionally with held the genuine claim of the complainant and also harassed the complainant.

Op. contested case by filling W/V stating inter alia that the claim is not maintainable. Op. received letter from complainant on 10/03/2016 regarding settlement of claim. Op. after received the final survey report and Re-inspection report has approved Rs. 67,613/- and intimated the complainant to send the Bank deals to disburse the claim amount. Op. did not repudiate the claim. Op. is ready to handover the cheque to the complainant. Op. prayed for dismissal of the case.

Points for decision :-

1. Whether the complainant is maintainable ?
2. Whether Op. is deficienct of service as a service provider ?
3. Whether complainant is entitle to get relief as prayed for

Decision with Reasons

          We carefully perused the case record and documents filed by the parties it appears that complainant’s truck met with road accident and front portion of the vehicle badly damaged. The said vehicle was duly insured with the OP and after getting information of accident op engaged surveyor Rajat Kanti Chakraborty who made spot survey and detected damaged portion of the vehicle and mentioned in his spot survey report.  After dismantling the vehicle repaired work done and final survey made by Ashoke Kumar Palit and subsequently he reinspection of the repaired vehicle and assured the loss and submitted final report.  Complainant is disagree with the amount recommended by the surveyor of the Op.  In support of his case complainant adduced oral evidence of three witness including complainant himself.  Other two witness are of said two surveyors survey report, copy of bills an estimate, an photographs of damage spare parts are exhibited as exhibit-1 and X series for identification.  In evidence, complainant has established his case and raised objection of the survey report regarding settlement of claim and in cross-examination op has only established that survey report was correct and prepared according to the terms of policy condition.

            It is admitted fact that the vehicle in question was badly damaged in front portion due to road accident but disputes arises only the amount of compensation portion.  It appears from the spot survey report that in exhibit -3 surveyor mentioned in his report that

Cond……………….P/3

 

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cabinet structure of front portion badly damaged besides the steering system, cooling system, electrical system part of the body also damaged and he admitted his report in his deposition as witness.  Final surveyor also mentioned in his report in exhibit -3 that frontal portion of cabin badly damaged and other portion including cabin accessories was also damaged.  He also mentioned in his report the damage spares and chassis of the body which is almost similar of the report of spot surveyor.  Both surveyor also admitted that accident occurred when the truck in question was loaded with pig iron.  Final surveyor mentioned in his summary of assessment of survey report that repairs labour charges of Rs.106500/- and parts value approx rs.95,000/- and also mentioned depreciation on spare parts and other items.  It also reveals from the documents that final surveyor first sent mail to the complainant in respect of labour change of rs.35000/- subsequently sent mail of Rs.45000/- as a labour charge.  But said surveyor did not disclose his report why he changed the amount of labour change.  Generally we know that while vehicle is on loaded condition then for repairing the damaged portion of the body there have some difficulties and also engaged more labours where cost has automatically upraises.

          Moreover final surveyor did not mention his report regarding repair of the cabin of the truck.  It appears on the labour charge bill in exhibt X series that labour charge paid rs.1,27.900/-.  Final surveyor Ashoke Kumar Palit mentioned in his final report in column no.14 of summary of assessment labour charges assessed Rs.1,06500/- subsequently assessed labour charges Rs.45,150/- but there is no such explanation why the labour charge reduced time to time.  We do not enterfare about depreciation of spares and other itmes as it depends upon the age of the vehicle as per policy condition.  But labour charges depends upon the place of repairing center and there is no fixed charge.  Moreover in view of the apex court that surveyor report is not final.  In this case cost of labour charges should be at least Rs.80000/- plus cost of spares.

             In view of the above discussions here in before, we think that the complaint is maintainable as it has filed within time as per C.P. Act.  Complainant has paid all the cost of spares and labour charges from his own pocket and submitted all relevant documents to the O.P. but O.P. deliberately withhold the payment of claim and harass the complainant.  It also appears from the final surveyor report that he assessed Rs.82,812/- after deduction but O.P. stated in their w/o that they have settled the claim of Rs.67,613/- where no clarification is mentioned. 

              In view of the above discussions, we find O.P. no.1 is negligent and deficient in service.  So the complainant is entitled to get releif as prayed for.

Cond……………….P/4

 

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    The complaint case succeed.

 

                                            Hence, it is,

ORDERED,

                                                              that the complaint case be and the same is allowed on contest against O.P.

            O.P. is directed to pay Rs.1,25,000/- to the complainant for cost of damage repair of the vehicle within one month from the date of this order.

            Op is further directed to pay Rs.5000/- for harassment and deficiency of service and to pay Rs.2000/- as litigation cost to the complainant within the stipulated period mentioned above.

          Failure to comply with the order O.P. shall pay 9% interest over the total award from the date of order till full realisation.

Dictated and Corrected by me

          Sd/- P.K. Singha                                                  Sd/- S. Sarkar

                Member                                                              Member