IMPORTANT POINT
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.

ORDER

Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 28.01.2016 passed by learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as “The District Commission”) in consumer complaint No. 335 of 2013, styled as Sh. Pradeep Singh Tomar Vs. United India Insurance Company Limited and another, wherein and whereby the consumer complaint was allowed and the appellant/opposite parties (insurance company) was directed to pay an amount of Rs. 2,25,000/- to respondent/complainant towards claim amount together with compensation of Rs. 40,000/- and litigation expenses of Rs. 10,000/-, within a period of 30 days’, failing which the complainant was also held entitled to interest @8% p.a. on the aforesaid amount from the date of judgment till realization.

2. The facts giving rise to the present appeal, in brief, are, as such that the respondent/complainant had purchased a Mahindra Bolero Camper 2000 bearing registration No. UK07-CA-0495, which was insured with the appellant – insurance company (opposite parties before the District Commission) for the period from 25.11.2011 to 24.11.2012. On dated 09.11.2012, while going from Vikasnagar to Thalin, the insured vehicle fell in a deep ditch, resulting into total loss of the vehicle. The accident was immediately reported to the Revenue Inspector, Lahoni Area, Tehsil Kalsi, District Dehradun and the insurance company was also immediately informed about the accident, whereupon the insurance company ap pointed surveyor, who visited the spot and assured the complainant that the entire repair expenses would be reimbursed by the insurance company, but the repair expenses were not reimbursed by the insurance company. Therefore, a legal notice was issued to the insurance company, alleging unfair trade practice on the part of the insurance company by not paying the claim amount. With the above allegations, the consumer complaint was set in motion by the complainant before the District Commission.

3. The appellant – insurance company submitted written statement before the District Commission, pleading that the intimation of the accident was given to the insurance company after four days’ of the occurrence, as such, the insurance company was deprived from conducting the spot survey. It was also pleaded that the insurance company never gave any assurance to the complainant, hence the complainant is not entitled to any claim amount and the consumer complaint is liable to be dismissed.

4. Learned District Commission, after hearing both the parties and after taking into consideration the material available on record, allowed the consumer complaint vide impugned judgment and order dated 28.01.2016 in the above terms.

5. On having been aggrieved by the impugned judgment and order, the present appeal has been submitted on behalf of the insurance company. In the memo of appeal, it has been contended that the impugned judgment and order is against facts, law and merits of the case and learned District Commission has failed to appreciate the evidence on record that the complainant has violated the terms and conditions of the insurance policy and has not given opportunity to the insurance company to conduct spot survey and there was no F.I.R. of the accident lodged with police. There was also delay in giving intimation of accident to the insurance company and learned District Commission has also failed to appreciate that as per terms and conditions of the insurance policy, the intimation of the accident should be given to the insurance company immediately in writing, failing which the claim is not maintainable. It was also averred that the complainant has also failed to provide the repair bill of the vehicle to the insurance company. It was further argued on behalf of the insurance company that learned District Commission has failed to appreciate the survey report and awarded the amount against the survey report without any evidence,