State Consumer Disputes Redressal Commission
Mr. Subhash Sandipani Pore vs The Branch Manager / Agent, The New India ... on 7 May, 2012
UNDER CERTIFICATE OF POSTING
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/07/1100
(Arisen out
of Order Dated 02/08/2007 in Case No. CC/06/377 of District Kolhapur)
1. Mr. Subhash Sandipani Pore
Res. at 6, Guruwar Peth, Satara - 415 002.
Maharashtra
...........Appellant(s)
Versus
1. The Branch Manager / Agent, The New India
Assurance Company Limited
Divisional Office, Kolhapur, Divisional Office, 1st and
2nd floor, 1036 (E), Rajaram
Road, Kolhapur
Maharashtra
...........Respondent(s)
BEFORE:
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
Hon'ble Mr. Dhanraj Khamatkar Member PRESENT:
None present.
O R D E R Per Shri P.N. Kashalkar Honble Presiding Judicial Member:(1)
This is an appeal filed by the original Complainant whose complaint No.327/2006 against Insurance Company has been dismissed by the District Forum by judgement dated 02.08.2007.(2)
Facts to the extent material may be stated as under:
Complainant owned Honda City Motor Car which was insured with the Opponent Insurance Company. Said Insurance cover was valid till 12.08.2003. There was accident to the said vehicle on 05.07.2003. The repair cost was likely to be more, hence, Complainant told Insurance Company that he should be paid claim on total loss basis.
Surveyor had surveyed the vehicle involved in the accident. Surveyor has mentioned that insured declared value of the said vehicle was `3,00,000/-. The Insurance Company received Surveyors report, who recommended that on total loss basis amount of `2,24,000/- be paid provided salvage of the vehicle was given to the Insurance Company. Salvage was worth `80,000/-, but on inspection the Insurance Company found that some parts were missing from the salvage vehicle and therefore, Company told the Complainant that it could sanction the claim on total loss basis for `1,94,000/-. Insurance Company sent discharge voucher to that effect and requested Complainant to execute the same by way of full and final settlement on total loss basis.
The Complainant ultimately put his signature on the discharge voucher and agreed to receive amount of `1,94,000/- towards full and final settlement on total loss basis. Accordingly amount was paid to the Complainant. However, for remaining amount he filed consumer complaint claiming `1,06,000/- as remaining amount, `10,000/- towards mental harassment and he also claimed interest @9% per annum.
(3)Insurance Company filed written statement and admitted that Complainants vehicle was insured with it and said vehicle met with an accident and on the spot survey it was found that costs of repairs would be more than the amount that could be paid to the Complainant on total loss basis.
Complainant, therefore, requested that he should be given claim under total loss basis. Thereafter, the insurance company pleaded that they had asked the Complainant to deposit salvage but when salvage was deposited with the Insurance Company, on inspection they found that important parts worth `30,000/- (e.g.power steering pump, A/c.Compressor, fuel injectors, wiper motors etc.) were missing from the salvage and therefore, Insurance Company pleaded that they had deducted the amount of `30,000/-
from the amount of `2,24,000/- as recommended by the Surveyor in its Survey report and informed the Complainant that they agreed to pay `1,94,000/- to the Complainant by way of full and final settlement. The Complainant agreed to accept the said cheque by way of full and final settlement and therefore, Insurance Company pleaded that the complaint is devoid of any substance, they were not guilty of deficiency in service of any kind and therefore, they prayed that the complaint should be dismissed with cost.
(4)The Forum after considering the rival contentions of both the parties arrived at conclusion that the Insurance Company was not guilty of deficiency in service of any kind as Insurance Company had paid the claim of `1,94,000/- by way of full and final settlement. The Company had deducted `30,000/- saying that the salvage of vehicle was having some missing parts i.e. power steering pump, A/c.Compressor, fuel injectors, wiper motors etc. and therefore, out of amount suggested by the Surveyor the amount of `30,000/- was deducted and claim of `1,94,000/- by way of full and final settlement was given to the Complainant which he accepted without any reservation or protest and therefore, the Ld.District Forum was pleased to dismiss the complaint. Aggrieved by this dismissal the original Complainant has filed this appeal.
(5)This first appeal was filed on 31.08.2007 and it was lying unattended in the cupboard of this Commission. When this matter was placed before us for disposal, initially, we directed office to issue notice to both the parties informing next date of hearing by ordinary post. This was the order passed on 02.12.2011 and matter was adjourned to 05.03.2012.
On 05.03.2012 the office had not complied with the order and hence, the Registrar was directed to comply the order of previous date and the matter was adjourned to today. On 01.04.2012 office had sent the notice to both the parties by ordinary post. There is presumption that the notice sent by ordinary post is received by the parties as per the address given. Today none of the parties are present. Hence, we decided to dispose of the matter on merit.
(6)We perused the impugned order. We are finding that the order of dismissal passed by the District Forum, Kolhapur in Consumer Complaint No.377/2006 is just, proper and it is sustainable in law. The District Forum had rightly appreciated the facts of rival parties and since the Complainant had accepted the claim in full and final settlement, the District Forum held that there is no deficiency in service on the part of the Insurance Company. Said order, in our view, is sustainable in law and we find no error in the impugned order passed by the District Forum. Hence, we pass the following order:
O R D E R
(i) Appeal stands dismissed with no order as to costs.
(ii) Inform the parties accordingly.
Pronounced on 7th May, 2012.
[Hon'ble Mr. P.N. Kashalkar] PRESIDING MEMBER [Hon'ble Mr. Dhanraj Khamatkar] Member ep