BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.

Complaint Case No. 112 of 2018.

Date of Instt.:11.04.2018.

Date of Decision: 12.02.2019

Sunny son of Shri Puran Chand, resident of Nahar Colony, Fatehabad.

...Complainant

     Versus

United India Insurance Company Limited, Shop No. 75, Anaj Mandi, Fatehabad.

                                                               ..Opposite Party/ Respondent.

Before:      Sh. Raghbir Singh, President.

                   Sh. Jasvinder Singh, Member.       

                   Dr. Rajni Goyat, Member.

Present:      Sh. Parshant Sharma, Advocate for the complainant.

                   Sh. Kaushal Mehta, Advocate for the Ops.                                                       

ORDER

                   The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite party (hereinafter to be referred as OP) with the averments that he obtained an insurance policy for his car bearing registration no. HR-22-H-8110 from the OP.  The said insurance was valid upto 8.1.2019 and a premium of Rs.6851/- was received from the complainant by the OP.  It is further submitted that on 19.2.2018, when the insured vehicle was coming to Fatehabad from Barwala met with an accident and suffered huge damages.  Information regarding the occurrence was given to the OP on the same date.  Thereafter, the insured vehicle was inspected by the surveyor of the OP in New Subhash Motor Garage and the complainant was told by the surveyor to get the insured vehicle repaired and upon asking of the surveyor the insured vehicle was repaired and an amount of Rs.46,412/- was paid by the complainant.

2.                 It is further submitted that on 14.3.2018, it came into the notice of the complainant that insurance claim only to the amount of Rs.9616/- has been deposited by the OP in the account of the complainant.  On asking of the complainant the officials of the OP did not explain any reason for deducting the insurance claim.  It is further submitted that the abovesaid act on the part of OP in making payment of insurance claim as Rs.9616/- in place of Rs.46412/- amounts to deficiency in rendering service to the complainant.  The complainant has further prayed that the OP may be directed for making a full payment of Rs.46412/- as damages to the insured vehicle alongwith compensation of Rs.20,000/- and litigation charges of Rs.10,000/-.

3.                  OP appeared through counsel and resisted the complaint by filing written statement wherein various preliminary objections with regard to cause of action, abuse of process of law, maintainability, locus standi and estoppel etc. have been raised.

4.                In reply on merits, it is admitted by the OP that insurance of the vehicle in question was issued by the OP.  It is further submitted that on receiving the intimation of accident of the insured vehicle the OP appointed Sh. Varinder Kumar Bhatia Surveyor and Loss Assessor for inspection and survey of the insured vehicle.  After fully inspection, the surveyor submitted his report and found that the net payable loss is Rs.9616/-.  The said amount of insurance claim has been paid to the complainant by the OP and the same is admitted by the complainant.  It is further submitted that there is no deficiency on the part of OP in rendering service to the complainant in the present case.  The present complaint is without any merits and as such the same is liable to be dismissed.

5.                 The learned counsel for the complainant tendered in evidence affidavit of the complainant as Exhibit PW1/A alongwith documents as Annexure A-1 to Annexure A-13 and closed the evidence of the complainant.  On the other hand, the learned counsel for the Ops tendered in evidence affidavit of Raj Kumar Branch Manager as Exhibit RW1/A and affidavit of Surveyor and Loss Assessor Shri V.K. Bhatia as Exhibit RW2/A alonwith documents as Annexure R-1 and Annexure R-2 and closed the evidence of the Ops.

6.                It is the case of the complainant that insurance of the vehicle in question was issued by the OP and the insurance was valid upto 08.01.2019 and a premium of Rs.6851/- was paid by the complainant to the OP. It is further the case of the complainant that on 19.02.2018 i.e. during the subsistence of the insurance policy the insured vehicle met with an accident and information regarding the same was given to the OP. Thereafter the surveyor of the OP inspected the insured vehicle in the New Subhash Motor Garage, Auto Market, Fatehabad. The surveyor asked the complainant to get the insured vehicle repaired. Thereafter, the complainant got the damaged vehicle repaired from New Subhash Motor Garage and made a payment of Rs.46412/- and all the bills of costs for repair was submitted before the OP. It is further the case of the complainant that on 14.03.2018 it came into his notice that the OP (Insurance company) has only deposited Rs.9616/- in his account as compensation. It is further the case of the complainant that in place of Rs.46,412/- a payment of only Rs.9616/- has been made by the OP and the above said act on the part of OP amounts to deficiency and as such he is entitled for remaining amount paid by him for repair of insured vehicle. On the other hand, it is the case of OP that after receiving intimation regarding accident the company had appointed Sh.Virender Kumar Bhatia, Surveyor and Loss Assessor for inspection and assessment of  the loss in the damaged vehicle. The Surveyor after duly making inspection of the vehicle submitted his report and found that the net payable loss is Rs.9616/- after deducting the depreciation and salvage amount. As per survey report an amount of Rs.9616/- has been credited in the account of the complainant and the same is admitted by him. It is also the case of the OP that the surveyors are not employees of the insurance company and they are independent qualified surveyor and are appointed to assess the damage of the property/ vehicle insured. Therefore, there is no deficiency on the part of OP.

7.                 We have duly considered the arguments advanced by learned counsel for the parties and also perused the entire material placed on record. As discussed above in the present case after receiving intimation the insurance company appointed a surveyor for assessment of the loss in the insured vehicle. The surveyor after inspecting the vehicle submitted his detailed report as Annexure R-1 wherein a net loss payable by the OP has been assessed as Rs.9616/-. In a Catena of judgments the Hon’ble National Commission and the Apex Court has held that surveyor’s report is an important document and in absence of anything to the contrary the surveyor report has to be accepted and the same cannot be burst aside without sufficient reasoning. In the present case, there is no evidence on record to prove that surveyor cum loss assessor was hostile or animus against the complaint at any point of time. No reason has been assigned by the complainant as to why the complainant did not send any interrogatory to surveyor cum loss assessor. There is no reason to disbelieve the loss assessment report dated 24.02.2018 (Annexure R-1) submitted by surveyor.

8.                 In view of the aforesaid discussion, we are of the considered opinion that complainant has failed to prove any deficiency on the part of OP in rendering service to him. The present complaint is accordingly dismissed as no order as to costs.  Copy of this order be supplied to the parties free of cost.  File be consigned after due compliance.

Announced in open Forum: 

Dt.12.02.2019.                                 

                                                .

(Jasvinder Singh) (Rajni Goyat)                    (Raghbir Singh)       

  Member              Member                           President,

                                                                                        District Consumer Disputes

                                                                        Redressal Forum, Fatehabad.

                                                .