JAGDISH THAPLIYAL Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The present First Appeal under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter to be referred to as "the Act") has been filed by the Appellant/Complainant assailing the Order dtd. 30/5/2011 passed by the State Consumer Disputes Redressal Commission Uttarakhand at Dehradun (hereinafter to be referred to as "State Commission") whereby the Consumer Complaint No. 08 of 2008 filed by the Complainant was dismissed.

(2.) Brief facts of the case as narrated in the Complaint are that the Complainant purchased a Package Policy of insurance from the Respondent Insurance Company in respect of his newly purchased JCB Machine Excavator Loader for the period from 28/6/2006 to 27/6/2007 by paying premium of Rs.25,274.00. The Insured Declared Value was Rs.18,24,200.00 against the loss by accident amongst others.

(3.) Unfortunately, the JCB Machine met with an accident on 5/10/2006 and fell down in a ditch (khud), resulting in constructive loss. The Complainant lodged an FIR with the Police on 6/10/2006 and the information about the incident was also given to the Respondent Insurance Company on 9/10/2006. Accordingly, on 10/10/2006, the Respondent Insurance Company appointed Sh. Rajeev Gupta as Surveyor to assess the loss and submit his report. He submitted his report to the Respondent Insurance Company, however, allegedly, the said report was not supplied to the Complainant despite demand. After investigation, Complainant retrieved the wreck of the JCB Machine from the ditch on 20/10/2006 and took it to Rishikesh with the help of a crane and truck and spent a sum of Rs.23,000.00 for the said purpose. On 14/11/2006, Complainant received an estimate for repairs being Rs.14,38,086.00 from Classified Auto Distributors Pvt. Ltd, Dehradun. The cost of repairing being about 79% of the IDV, the Complainant has stated that it was a case of constructive total loss. It was alleged that the Respondent Insurance Company appointed M/s M.K. Jain and Company as final surveyors to assess the loss. According to the Complainant, he paid a sum of Rs.35,000.00 to the Surveyor as Survey fees but no receipt was issued for the same. Complainant alleged that in spite of completing all the formalities, as directed by the Surveyor and the Respondent Insurance Company, the claim was not settled in time.