Insurance – Repudiation of claim for damage to the Mercedes Car
Order dated 8.5.2025 of the District Consumer Disputes Redressal Commission, Additional Thane, Navi Mumbai, in Consumer Complaint No.CC/24/115 of Mrs. Aditi Satish Sharma Vs. New India Assurance and another
The consumer – complainant had taken insurance policy for Mercedes S Class from the respondents.
On 10.7.2022, the complainant’s husband travelled to a village of Alibag and parked the car in the residential premises. Due to heavy rainfall and strong wind currents, a cement plank on the house fell on the windshield of the vehicle. The rain water flooded the residence with 3 feet of water.
On 12.7.2022, intimation of the incident was given and own damage claim for losses of Rs.29,50,000/- was filed.
After four days, the surveyor inspected the site on 16.7.2022 by that time the heavy rains stopped and water had receded from the residence. Moreover, the surveyor had not inspected the interiors of the residential premises submerged in 3 feet water.
Although report was submitted on 22.7.2022, the Surveyor, however, suggested proper investigation to be considered to decide claim.
Thereafter another licensed Surveyor and Loss Assessor, appointed to conduct final investigation, had visited the site and interviewed the owner of the house, neighbouring residences and on 21.12.2022, submitted final surveyor final report of Rs.59,40,752/-.
However, on 2.12.2022 the Insurer misled the complainant to settle the matter and to sign consent letter for Rs.17,98,000/-. The complainant had no choice but to accept the terms as she was facing parking and financial problems.
On 10.7.2023, the claim was repudiated. The copies of both reports were not supplied to the complainant.
The complainant obtained information of final survey report under RTI.
HELD that the findings of the final survey report and the estimate are reproduced in paras 23 and 27 of the Order clearly show the causes of incident. The repudiation letter is totally silent on the final survey report. There is no mention about the final survey report in the WS or affidavit of evidence of the Insurer.
It was, therefore observed as to what prevented the Insurer from filing the final survey report on record is nothing but arbitrariness and suppression.
