PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO. 51/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mr. Raj Kumar Agrawal,

S/o Late Jagdish Prasad Agrawal,

R/o Jalan Gali, Khetrarajpur, Po/Ps- Khetrajpur,

Dist- Sambalpur-768002                                               .……….......Complainant.

Vrs.

1. National Insurance Company Ltd.,

Situated at 1, Nelson Mandela Road Vasant Kunj,

New Delhi,-110070, Represent through

Branch Manager, Sambalpur Branch, At/Po- Trilok Tower, Sarlakani,

Dist- Sambalpur-768006

2. Odyssey Motor Pvt Ltd,

Situated at Remed, Po-Remed,

Dist- Sambalpur-768006.                                             ...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Smt. S.D. Mohanty
2. For the O.P. No.1                           :- Sri. B.K. Purohit
3. For the O.P. No.2               :- Sri. S.K. Samal & Associates.

Date of Filing:05.04.2023,Date of Hearing :18.12.2023,Date of Judgement : 05.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant insured his swift Desire Diesel VDI vehicle No. OD-15B-9494 vide policy No. 1634003121146582295 for the period 14.06.2021 to 14.06.2022. On 10.02.2022 the vehicle met an accident and partially damaged on left back-side. The vehicle was taken to O.P. No.2 and on 17.02.2022 job card was issued and shown falsely as 50% damaged. The IDV of the vehicle is Rs. 2,77,264/-. The O.P. No.2 gave and estimate of Rs. 3.00 lakhs while actual bill is Rs. 3,57,730/-. The O.P. No.2 not informed the second estimate beyond Rs. 3.00 lakhs although complaint was ready to bear 20% of the excess estimated amount. The O.P. No.2 unnecessarily used various parts to escalate the estimate. In the eight year old vehicle the insurer is to bear 60% i.e. Rs. 2,14,638/- over the bill and customer has to pay 40% i.e. Rs. 1,43,092/-

The O.P. no.1 agreed to pay Rs. 1,19,000/-out of claim Rs. 2,38,000/- Due to illegal and unlawful billing the complaint not only sustained financial loss but also harassed. Being aggrieved complaint has been filed.

2. The O.P. No.1 in its reply submitted that the vehicle is of the year 2014 and IDV Rs. 2,77,264/-. The policy was valid from 15.06.2021 to 14.06.2022. Surveyor assessed the loss of vehicle at Rs. 1,19,000/- and the insurer paid the amount to the repairer. Accordingly, there is no claim of the Complainant against the insurance company.
3. The O.P. No.2 in its reply submitted that the insured damaged vehicle was brought to the O.P. no.2 on 17.02.2022 and job card was issued and damage was 50%. An estimate of Rs. 3.00 lakhs was given whereas actual bill came to Rs. 3,57,730/-. Generally estimate value may increase or decrease by 20%. The Complainant agreed to pay the balance amount of Rs. 2,38,000/- after payment by insurer. Self-declaration made by the Complainant has been filed along with a letter to take delivery of the vehicle within a week.
4.  Perused the documents filed by the parties. In the job card initially estimate of Rs. 3.00 lakhs was given by O.P. no.2 and after completion of repair work it came to Rs. 3,57,730/-

As per statement of Complainant, he is ready to bear 20% of the excess estimated amount. Accordingly the estimate of Rs. 3.00 lakhs which was escalated to Rs. 3,57,730/- is reasonable and as the Complainant undertook to take delivery of the vehicle within 7 days and ready to bear the expenses, there is no any case against the O.P. No.2.

Likewise, the insurer settled the claim at Rs. 1,19,000/- and as the amount has been paid to the Complainant, there is no case against the O.P. No.1.

Accordingly, the complaint is devoid of any merit and dismissed.

Order pronounced in the open court on 5^th day of Feb 2024.

Supply free copies to the parties.