DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 37 OF 2016
Arun Kumar Mitra ( 64 Year),
S/O: J.N. Mitra, Occu: Business,
R/O: Music Centre, Purnabasti Chowk,PO: K.M Road,
PS/ Dist- Jharsuguda, Odisha………….……………………..………. Complainant.
Versus
- Prop. of Infinity Venture,
ByPass Road, Jharsuguda, Near Sanjivani Hospital,
Dist: Jharsuguda- 768202.
- Divisional Manager, Oriental Insurance,
At-V.S.S Marg,Sambalpur,
Dist: Sambalpur- 768001……………………............................. Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri M.Sinha,Adv. & Associates.
For the OPP. Party. No.1 Shri D.K.Jain, Adv. & Associates.
For the Opp. Party No.2 Shri A.K.Mishra,Adv. & Associates.
Date of Order: 31.01.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt. A. Nanda, Member (W)
Shri S.L. Behera, President : - The complaint case in brief is that the complainant is the registered owner of CRETA Diesel Car bearing Regd. No. OD-23C-8228purchased from the O.P.No.1 and got insured of his said vehicle with the O.P.No.2. At the time of purchasing of said vehicle the O.P.No.1 the complainant has deposited margin money of Rs.1,98,887/- . On 31.12.2015 the complainant received his said vehicle for O.P.No.1 with an amount of Rs.11,87,707/- and the O.P.No.1 issued the tax invoice. The complainant paid Rs.34,983/- only to the O.P.No.1 for insurance amount for zero dep means if the vehicle met with any type of accident then O.P.No.1 & 2 jointly repaired and incurred the cost of repairing without claiming any money from the complainant. On dtd. 28.03.2016 within the insurance the vehicle met with accident and sustained damages about which on information to the O.P.No.2 shifted the vehicle to the O.P.No.1 for repairing and incurred cost of Rs.62,574/- only. A Surveyor appointed an inspected the vehicle. The O.P.No.2 sanctioned Rs.47,269/- only. The O.P.No.2 cancelled the zero dep policy and refund excess amount of Rs.4,244/- only to the account of O.P.No.2 who has no right over the said amount alleging deficiency in service and unfair trade practice the complainant filed this case.
Both the O.Ps. appeared after being noticed and filed their written versions. The O.P.No.1 submitted that the policy was insured not as per zero dep as opted by the complainant by paying Rs.34,983/- only. The complainant has paid booking amount of Rs.30,000/- to the O.P.No.1 where the O.P.No.1 proposed for zero dep policy carrying premium of Rs.39,929/- only for the interest of complainant but the complainant agreed to pay premium of standard policy. The zero dep policy was continued from dt.04.01.2016 to 10.01.2016 and became standard policy from dt.11.01.2016. When the Car of complainant met with accident it was covering by standard policy. The O.P.No.2 returned the excess premium value of Rs.4,244/- only to the O.P.No.1which has been paid by O.P.No.1 from his account. The O.P.No.1 returned the entire booking advance amount of Rs.30,000/- only to the complainant. The O.P.No.2 submitted that after accident of vehicle one Surveyor namely Er. Satyajit pattnaik was appointed who invested the matter and assess the loss of Rs.47,66/- only after consideration of depreciation and the claim amount paid to the O.P.No.1. The surplus amount of Rs.4,244/- only was also deposited in the account of O.P.No.1 as per his information and afresh policy with the same number was issued. Denying all the allegation both the O.Ps. and prayed for dismissal of the case.
Heard from the parties and gone through the materials available. After accident of the vehicle the complainant filed the claim which the O.P.No.2 settled the insurance claim and paid Rs.47,266/- only as per the policy terms and conditions. The complainant has paid Rs.30,000/- only as advance booking amount to the O.P.No.1 and later paid Rs.12,88,887/- only in total to the O.P.No.1 including ex-showroom price of Rs.11,87,707/- only, comprehensive insurance of Rs.34,982/- only , Road Tax and Registration charges of Rs.63,198/- and logistic and handling charges Rs.3,000/- only. The complainant has paid Rs.34,982/- only to the O.P.No.1 for insurance charges of standard policy but on good faith for the benefit of complainant the O.P.No.1 deposited 39,929/- to the O.P.No.2 towards zero dep insurance policy on which the complainant did not agree. The O.P.No.1 approached the O.P.No.2 to cancel the policy to the standard policy where the O.P.No.2 cancelled the policy to standard and refunded Rs.4,244/- only the O.P.No.1 with effect from 11.01.2016 to 05.01.2017. The accident took place on 28.03.2016. The O.P.No.2 settled the claim as per term and conditions of the policy of standard policy for amount of Rs.47,266/- only as assessed by the Independent Surveyor. The O.P.No.1 refunded Rs.30,000/- only to the complainant which he received as advance booking amount.
On the above observation and analysis as the O.P.No.2 has rightly settled the claim and refunded the excess premium amount to the O.P.No.1. As the complainant paid the insurance premium of Rs.34,982/- only for standard policy the O.P.No.2 settled as per the norms of standard policy.
As per the above facts and circumstances there is no any merit found on the part of complainant hence the complaint petition is hereby dismissed with no costs.
Accordingly the case is dispose of.
Order pronounced in the open court today on this the 31st day of January’ 2017, copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree.
Nanda Member( W) S.K.Ojha, Member S.L.Behera,President
Dictated and corrected by me.
S.L.Behera, President
