BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SOLAN, H.P.
Consumer Complaint No: 68/2007
Date of presentation: 06.07.2007
Date of decision: 30/12/2009
Sh. Hans Raj Marwah, S/o Sh. Mast Ram Marwah,
R/o Ward No. 9, Lakkar Bazar Solan,
Tehsil and District Solan H.P.
… Complainant
Versus
1. The ICICI Lombard General Insurance Company Limited, having its Registered Office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400051, Through its Managing Director and Director and Branch Office at SCO 174-175, Ist Floor, Sector 9-C Madhya Chandigarh, through its Branch Manager.
2. The ICICI Lombard General Insurance Company Limited, having its Branch Office at Moon International Complex, Chotta Shimla Shimla, Tehsil and District Shimla H.P.
Through its Branch Manager.
…Opposite Parties.
For the complainant: Mr. Anil Bhagnal, Advocate, vice Mr. M.S. Chandel, Advocate.
For the Opposite Parties: Mr. Naveen Pathania, Advocate.
O R D E R:
Sureshwar Thakur (District Judge) President:- The instant complaint has been filed by the complainant, by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. The complainant, avers that, he is registered owner of a car bearing registration No.HP-14A-2873, which was insured by him with the OP-Company, for a sum of Rs.3,19,695/- valid up to 21.05.2007. It is averred that the aforesaid vehicle met with an accident, on, 31.01.2007 and suffered extensive damage. The factum of the accident was also reported to the OP-Company and thereafter, the claim was also lodged with it, for an amount of Rs.1,90,284/-, yet, the OP-Company, failed to settle it, for the claimed amount, and paid only sum of Rs.96,151/-. Hence, it is averred that there is apparent deficiency in service on the part of the OPs and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.
2. The OPs, in its written version, to the complaint, contended that the claim of the complainant was settled as per the final survey report and full and final payment of Rs.94,133/- was paid as per the survey assessment. Hence, it is denied, that, there was any deficiency in service on their part or that they have indulged in an unfair trade practice.
3. Thereafter, the parties adduced evidence, by way of affidavits, and, documents in support of their respective, contentions.
4. We have heard the learned counsel for the parties at length and have also thoroughly scanned the entire record of the case.
5. The complainant, is, aggrieved by the act of the OPs, in not indemnifying him, to the entire claimed amount, inasmuch, as, the OP-Company has failed to defray him, the entire sum, so spent by him on the repair of the vehicle, in order to make it road worthy. The OP-Company, has repudiated the claim of the complainant on the strength that, the loss assessed by the surveyor has been defrayed to the complainant and hence, nothing is payable to him, as such, exculpating their liability to indemnify the complainant the entire claimed amount.
6. The parties do not wrangle over the fact that a sum of Rs.94,133/- has been received by the complainant, from the OP-Company, on account of the loss assessed by the surveyor. However, the complainant, is, aggrieved by the assessment so made by the surveyor, inasmuch, as, he has urged that, the surveyor while making the assessment, has, not, taken into consideration the entire bills submitted to the OP-Company. We have also gone through the Survey report dated 03.02.2007, whose perusal demonstrates the fact that the surveyor has not taken into account the entire bills of repair, submitted by the complainant, and has discarded them without any reason. Therefore, it shall be expedient and in the interest of justice to once again direct the OP-Company, to appoint another surveyor who is well conversant with the assessment of the loss and assess the claim of the complainant afresh, taking into account the bills of repair submitted by the complainant.
7. Therefore, we order that the complainant shall submit the repair bills to the OP-Company again, within a period of one month after the date of receipt of a copy of this order and on receipt of these bills, the OP-company, shall appoint fresh surveyor to assess the loss, who shall proceed to assess the loss, within a further period of forty five days and thereafter, the admissible sum, shall be defrayed to the complainant by the OP-Company, along with interest at the rate of 9% per annum, with effect from the date of filing of the compliant, till actual payment is made. The litigation cost, is, quantified at, Rs.1500/- payable by the OP-Company, to the complainant. In the above terms, the complaint stands disposed of. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room.
Announced on this the 30th day of December, 2009.
(Sureshwar Thakur)
President.
NMehta) (Virender Thakur) (Arun Bala Sharma)
Member Member.