State Consumer Disputes Redressal Commission
D.M., Oriental Insurance Co. Ltd., vs Md., Sahabuddin on 13 October, 2022
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK First Appeal No. A/858/2012 ( Date of Filing : 01 Nov 2012 ) (Arisen out of Order Dated in Case No. of District State Commission) 1. D.M., Oriental Insurance Co. Ltd., Divisional Office, Sambalpur, VSS Marg, Dist- Sambalpur. ...........Appellant(s) Versus 1. Md., Sahabuddin S/o- Md. Sirajuddin, Motijharan, Dhanupali, Dist- Sambalpur. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT HON'BLE MR. Pramode Kumar Prusty. MEMBER HON'BLE MS. Sudihralaxmi Pattnaik MEMBER PRESENT: M/s. M. Sinha & Assoc., Advocate for the Appellant 1 M/s. L.N. Patel & Assoc., Advocate for the Respondent 1 Dated : 13 Oct 2022 Final Order / Judgement
Heard the learned counsel for both the sides.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant being owner of a vehicle bearing No.OR-15-L-6476 had purchased insurance policy for his vehicle from OP covering the period from 25.09.2009 to 24.09.2010. It is alleged inter-alia that the vehicle met accident on 28.08.2010 after which the insurer was informed. The surveyor was deputed by the insurer who computed the loss at Rs.4,30,486/- but the complainant did not receive same. Alleging the deficiency in service on the part of the OP, the complaint was filed.
4. Per contra the OP filed written version stating that they have sent the surveyor to assess the loss and the complainant has refused to receive same by demanding the money spent as per cash memos,bills etc. So, there is no deficiency in service on their part.
5. After hearing both the parties, learned District Forum has passed the following order:-
Xxxx xxxxx xxxxxxx "Case of the complainant is allowed against the OP on contest. OP is directed to settle the claim of the complainant and pay the amount of Rs.4,30,486/-(Rupees four lakhs thirty thousand four hundred eightsix), assessed by the surveyors alongwith Rs.2,000/-(Rupees two thousand) towards compensation and Rs.1,000/-(Rupees one thousand) towards litigation expenses within a month, failing which, the awarded amount will carry interest at the rate of 9(nine) per cent per annum from the date of order till the date of payment and complainant take shelter under the provisions of law for execution of the order."
6. Learned counsel for the appellant submitted that learned District Forum has committed error in law by not considering the written version with proper perspectives. According to him the surveyor's report is the best to compute the loss and he has offered that amount but the complainant is not willing to accept same. Learned District Forum ought to have considered all these facts. Therefore, he submitted to set-aside the impugned order by allowing the appeal.
7. Learned counsel for the respondent submitted that if the amount computed by the surveyor is made available, he is ready to accept same.
8. Considered the submission of learned counsel for the parties, perused the DFR and impugned order .
9. It is admitted fact that the vehicle during currency of the policy met accident and the surveyor has already computed the loss. It is settled in law that the loss computed should be the basis for settlement of the claim if the report is unbiased. It is also settled in law that the complainant has to prove his case. The cash memo and bills submitted by the complainant are not worthy qua the surveyor's report. Since, the OP has not settled the loss in the appropriate manner but mere allowed the amount, there is deficiency in service on the part of the OP. However, the complainant is agreed to receive the amount settled by the surveyor. Therefore, while confirming the impugned order, we modified the operation portion of the order by directing OP to pay Rs.4,30,486/- within 45 days from the date of order, failing which it will carry 6 % interest from the date of order till payment made. Rest of the impugned order will remain unaltered.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith. [HON'BLE MR. JUSTICE Dr. D.P. Choudhury] PRESIDENT [HON'BLE MR. Pramode Kumar Prusty.] MEMBER [HON'BLE MS. Sudihralaxmi Pattnaik] MEMBER