Orissa

Sambalpur

CC/36/2017

Nand Kishor Agrawal - Complainant(s)

Versus

1-OSL Autocar Private Limited - Opp.Party(s)

R.L. Agrawal & associates

26 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.-36/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Sri. Nand Kishore Agrawal,

S/O- Sambhu Dayal Agrawal

R/O-Vill-Bikhampur, Via-Parampur

Po/PS-Sason, Dist-Sambalpur,                                               ……….…..Complainant

Vrs.

1. OSL Autocar Private Limited,

Represented by its Service Manager,

R/O- Pardhipali, PS-Ainthapali, Dist-Sambalpur

2. DM, Oriental Insurance Co. Ltd, Mangalam Nivas,

2^nd Floor, in front of HDFC Bank, Cuttack,

Represented by its Divisional Manager of Oriental Insurance Co. Ltd. at VSS Marg, Sambalpur.                                       ………..….Opp. Parties

Counsels:-

1. For the Complainant    : -           Sri. R.L.Agrawal, Advocate & Associates.
2. For the O.P. No.1                      :-            Sri S.K.Dash, Advocate & Associates.
3. For the O.P. No.2          :-            Sri B.K.Purohit, Advocate.

DATE OF HEARING : XXXXXX DATE OF JUDGEMENT : 26.07.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT:

1. The Complainant is the owner of Bolero XL vehicle bearing Regd. No. OD-15E-9145. The O.P. No. l is the authorised service centre and proving maintenance service of Mahindra vehicles. The O.P. No.2 is the insurer and issued policy No. 345100/31/2016/4144, a comprehensive policy includes cashless maintenance with nil depreciation against the vehicle.

On 23.08.2016 the Complainant met an accident under Rengali Police Station, approached O.P. No.1 for repair and informed O.P. No.2 to inspect the vehicle. The O.P. No.1 prepared an estimate of loss and asked the Complainant that he will bear the lubricant charges along with Rs. 2000/- for documentation. Which will come around Rs. 10,000/-. The O.P. No.1 assured to deliver the vehicle within one month i.e. before 06.09.2016.As the Complainant was in urgent need of the vehicle agreed to pay Rs. 10,000/-. The Complainant when went for the vehicle one month later the O.P. No1 stated that the vehicle is not ready and it will take 2-3 months as chasis was not available in stock. After regular visit also the O.P. No.1 not delivered the vehicle.During March 6, 2017 when the Complainant went to O.P. No.1, the service Manager told that an extra deposit of Rs. 25,000/- is to be made as the Insurance Company not settled the claim. No details of works/repair was also supplied.

On 09.04.2017 the Complainant received a remainder notice wherein O.P. No.1 reflected that the repair is complete by 29.10.2016 and Rs. 350/- as per parking fees will be charged with 24% interest P.A. although the vehicle was not repaired till February 2017. The O.P. NO.1 has not released the vehicle.

Being agrieved the Complainant filed this case.

2. The O.P. No.1 on 02.08.2017 was set ex-parte.
3. The O.P. NO.2 in its version stated that there is no any deficiency on the part of O.P.No.2 as the matter has been settled between the parties. After getting information the O.P. No.2 conducted survey and got the report. The loss Assessor Sri. Rabi Narayan Tripathy assessed loss of Rs. 1,96,725.81P. with supplementary cost. The loss assessed was Rs. 1,80,624.13P. Out of which total labour charges Rs. 36,569.13P and gross spare parts Rs. 1,50,055.00 after policy excess of Rs. 2000/-. On Submission of bill the O.P. No.2 settled the claim at Rs. 1,78,000/- deposited the claim in favour of O.P. No.1 on 05.05.2017 Rs. 2624.13P deduction was made to-wards less salvage charges collected. Garage settlement discharge voucher was made.
4. That not a single document has been filed by the parties regarding damage claim and settlement made. No garage discharge certificate also filed by the Complainant nor draft payment made to O.P. No.1 by the O.P. No.2 since 13.08.2018. The Complainant is not taking any step. Hence I am not inclined to continue the case further and accordingly the complaint is dismissed.

Order pronounced in open court on this 26^th July 2022.

Supply free copies to the parties.