State consumer commission directs SBI insurance to pay Rs 11.16 lakh over delayed claim settlement
State consumer commission directs SBI insurance to pay Rs 11.16 lakh over delayed claim settlement (Photo: ANI)
RAIPUR: The Chhattisgarh State Consumer Disputes Redressal Commission has directed SBI General Insurance Company Limited to pay Rs 11,16,801 to a Raipur-based firm for deficiency in service and unfair trade practice in settling a vehicle insurance claim.
The commission also awarded Rs 50,000 for mental agony and Rs 5,000 towards litigation costs.
The order, passed by President Justice Gautam Chourdiya and Member Pramod Kumar Varma, set aside an earlier ruling by the District Consumer Disputes Redressal Commission, Raipur, which had dismissed the complaint as premature. The commission noted that keeping the claim pending for an extended period, especially after the damaged vehicle was handed over as per the insurer's instructions, amounted to deficiency in service and unfair trade practice.
"After accepting the surveyor's assessment, instructing disposal of the damaged vehicle, and its actual disposal, it was improper for the insurer to raise further objections. Keeping the claim pending despite receiving the wreck value amounts to deficiency in service and unfair trade practice. The insurer is liable to pay the remaining Rs 11,16,801, along with compensation for mental agony and litigation costs.
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The District Commission erred in holding the claim premature, making its order unsustainable and liable to be set aside," remarked the Consumer Commission.
The firm's car, insured with SBI General Insurance, met with an accident on November 8, 2019. The insurance company assessed the loss at Rs 11,16,801 and instructed the complainant to hand over the damaged vehicle to a salvage buyer, who paid Rs 13,30,000.
The firm alleged that despite these actions and assurances of payment, the remaining amount of Rs 11,16,801 was not disbursed.
A complaint was filed before the District Commission seeking the balance amount and compensation.
SBI General Insurance, in its defence, stated that the claim was pending as the complainant had not provided clarifications and relevant documents regarding the incident.
The State Commission, however, observed that the insurer had already acted upon the surveyor's settlement recommendation and instructed the disposal of the vehicle's wreckage. The commission noted that after proceeding towards settlement and the disposal of the wreckage, it was improper for the insurer to raise further objections.
The insurance company has been directed to pay the remaining assessed loss of Rs 11,16,801 with 6% annual simple interest from the date of filing the complaint until realisation, along with the compensation and litigation costs.
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