Orissa

Kendujhar

12/2015

Sri Jaladhar Sethy - Complainant(s)

Versus

1. Mr. Satyabrata Sahu, Sales Executive - Opp.Party(s)

Sri R.R. Rana

10 Sep 2015

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KENDUJHAR

CONSUMER COMPLAINT CASE NO.12 OF 2015

Sri Jaladhar Sethy, aged about 35 years,

S/O-Dinabandhu Sethy, At- Mirigimundi,

Post- Khaliamenta, P.S- Ghasipura,

Dist- Keonjhar-758015…………………………...Complainant

                  Vrs.                                                                              

1. Mr. Satyabrata Sahu, Sales Executive, 

Jyote Motors, Keonjhar Branch, Dhrupada,

Goudinibeda, Keonjhar

2. Territory Service Manager,

Maruti Suzuki India Ltd.

Utkal Signature Building, Floor No.06,

Pahal, Bhubaneswar

3. Manager (claims),

Royal Sundaram Alliance Insurance Co. Ltd.

Radhika Complex, II nd floor,

Cuttack Road, Jharapada, Bhubaneswar-751006

4. Manager (claims),

Maruti Insurance Broking Pvt. Ltd.

1- Nelson Mandela Road,

Vasant Kunj, New Delhi-110070………………...OP. Parties

 

Present -Shri A.K. Purohit, President

              Mrs. B. Giri, Member (W)

              Sri S.C. Sahoo, Member

 

Advocate for Complainant - Sri R.R. Rana 

Advocate for OP1 - Sri S.K. Pati

Advocate forOP3 - Sri A.K. Pattnaik

___________________________________________________________________________

Date of hearing -20.08.2015                                             Date of Order-10.09.2015

___________________________________________________________________________

S.C. Sahoo, Member: -This is a Complaint praying for a direction to OP-3 to indemnify the service estimated cost prepared by the repairer i.e. Rs.3,27,994.26 with compensation of Rs.50,000/- causing for Finance Loss & Mental Agony and Harassment and Rs.5000/- towards cost of litigation.

            The brief facts of the case are that the complainant had purchased a new Car of Maruti Swift D-Zire, VXI model by availing loan from SBI, Joda Branch on 27.11.14 from the OP-1 and being insured with OP-3 sourced through OP-4 vide Package Policy (Private Car) vide No. MOP2631140 with effect from 27.11.2014 to 26.11.2015 with a special feature of (“Zero Depreciation Advantage”) with extra premium paid by the complainant and the Car got registered with RTA, Keonjhar vide Regd. No. of the Car OR-09-D-5033. The alleged Car met an accident on 11.01.2015 at about 11:15 am on the way at Chhatia N.H-5 and the incident was reported at Police Beat House at Chhatia vide SDE No. 184, dt.11.01.15 as well as to the Ops and OP-1 who do not pay any heed and being advised and suggested by OP-2 the damaged Car was taken to Narayani Motors Pvt. Ltd. who is an authorized service centre of Maruti Suzuki India Ltd. by the help of this towing vehicle. OP-3 deputed their authorized person named Mr. K. Suneendra for inspection of the vehicle and assured to settle the own damage claim of the complainant. The OP-3 without relying the reality of condition of the damage and ignoring the truth of damaged Car in question required to be replaced the whole body shell assessed and estimated by the repairer i.e. M/s Narayani Motors Pvt. Ltd. OP-3 asses the loss through their work order dt.29.01.15 arbitrarily with depreciation cost of different percentage without considering the damaged body shell and to this the complaint expressed his unwillingness though e-mails and prayed for replacement of Body Shell as per service estimate of  Narayani Motors Pvt. Ltd. But the OP-3 does not pay any heed and is yet to be paid by the end of OP-3. Hence, this complaint-

In support filed:

1. Copy of Visiting Card of Satyabrata Sahu -1 Sheet

2. Copy of Delivery Chalan of Car -1 Sheet

3. Copy of R.C. Book -1 Sheet

4. Copy of Registration Certificate -1 Sheet

5. Copy of D.L of Ajaya Kumar Sethy

6. Certificate of Policy-1 Sheet

7. Copy of Work Order dt.29.01.2015 -2 Sheets

8. Job Sheet -1Sheet

9. Copy of F.I.R -1 Sheet

10. Copy of Service Estimate -3 Sheets

11. Series of Correspondences through e-mail - 7 Sheets

 

            After service of notice to the Ops, the OP-1 & OP-3 appeared and filed their written versions respectively. But the OP-2 & 4 do not appeared throughout and hence set exparte.

            The OP-1 in his version stated that there is no deficiency in service or Unfair Trade Practice at his end and the complaint petition is based on matter of facts and the same relates to other Ops as arrayed in the complaint petition and there is no allegation of Deficiency in Service on the part of OP-1 and hence Complaint be dismissed.

            The OP-3 in his written version stated that the complaint as filed his misconceived not tenable and is abuse of process of law and ought to be rejected and also OP-3 has admitted that the complainant had taken a private Car Package Policy from OP-3 bearing policy No. MOP 2631140 for his Car Model Maruti Swift D-Zire bearing Regd. No. OD-09-D-5033 for a period from 27.11.2014 to 26.11.2015 and also admitted that complainant made the claim on 12.01.2015 with the OP-3 that the Car was met an accident on 11.01.2015 hit by oncoming Scorpio vehicle for which the Car was got fully damaged and the OP-3 appointed and deputed its Surveyor Mr. K. Suneendra who assessed the loss to the tune of  Rs.1,58,968/- and getting the survey report OP-3 sent the work order for getting the vehicle repaired vide dt.29.01.2015 for production of vehicle at the repairer premises for repair work of the alleged Car and further stated that the complainant wanted the body shell of the Car be replaced which is not advisable and the expenses of the same should be bear by the complainant and hence the present case should be dismissed as lacks merits.

In support filed:

1. Copy of Policy Certificate along with terms and conditions of    Insurance Policy - 7 Sheets

2. Copy of Claim Form of Complainant - 2 Sheets

3. Copy of Surveyor Report -3 Sheets

4. Copy of Correspondences through e-mail by Complainant - 3 Sheets

Heard, the contesting parties through their engaged counsels and perused the materials available in records. There is no dispute that the alleged Car duly insured with the Insurance Company i.e. OP-3 and during valid period of Insurance the Car met an accident and sustain damages and to get repair of the same complainant submitted an estimate from the repairer  i.e. M/s Narayani Motors Pvt. Ltd. who is an authorized service centre of Maruti Suzuki India Ltd. is not disputed by the OP-3 but disputing on the replacement of body shell of the Car which is adjudicating matters in this present case is that whether the repair of the body shell as advised by the OP-3 is genuine as per his engaged surveyor and if not what relief can be granted to the complainant.

            In this regard on perusal of surveyor’s report by Mr. K. Suneedra of dt.22.01.15 repair assessment was made an approximate liabilities of Rs.1,58,963.13 with interaction with the consumer regarding Cost, Injuries and repair approval as the Car is a new one and complainant was not agreed to repaired the body shell with child parts though available from Maruti Company and the report of the surveyor  is inconsistent with the letter of OP-3 of dt.29.01.15 and also Job Sheet.

            On the other hand on perusal of various correspondences made by the complainant through e-mails with the OP-3 as well as with the surveyor for replacement of the body shell and from the assessment made by the surveyor is not taken to consideration since the body shell is an accessory be replaced with a new one.

            However as the complainant submitted the genuine bills/estimate of repairer amounting to Rs.3,27,000/- towards repair. The insurer failed to indemnify the insured for the loss within reasonable time from the date of occurrence i.e. dt.11.01.2015 the insurer is negligent in not settling the claim within reasonable time. The insured was wrongly deprived of the sum insured for about 8 months and so reasonable compensation should be awarded to it. Right to indemnify has been given by the Policy and right to compensation has been inconsequence of breach of contract for not indemnifying the loss in time U/s. 14 (1) (d) of C.P Act. As the Insurance Policy is a unilateral undertaking by the insurer to pay the sum insured on the happening of a specified event and it is exclusive record of the contract. The insurer’s are expected to settle the claims of the complainant arising out of the Policy since the complainant had paid an extra amount of premium for Zero depreciation wherein the IDV value is Rs.5,51,573/- reflects in the Policy and the vehicle was of 43 days old from the date of purchase of Car.

            Hence, for the reasons stated hearing above, we direct the OP-3 i.e. Royal Sunderam Alliance Insurance CO. Ltd. to indemnify the service estimate cost estimated by the repairer i.e. M/s Narayani Motors Pvt. Ltd. for an amount of Rs.3,27,994/-  Further we direct the OP-3 to pay a sum of Rs.15000/- towards compensation for financial loss and mental agony for harassment along with litigation cost. The order be carried out within 30 days from the date of receipt of this order. Failing which the entire amount i.e. Rs.3,42,994/- will carry an interest @ 10% per annum till realization.

            No order against OP-1.

Accordingly the case is disposed of.

                                                                I agree                                            I agree

 

   (Sri S.C. Sahoo)                           (Mrs. B. Giri)                             Shri A.K. Purohit        

          Member                                 Member (W)                                     President

DCDRF, Keonjhar                    DCDRF, Keonjhar                        DCDRF, Keonjhar

 

                                                                                      

                                                                                       Dictated & corrected by me

 

                                                                                                          Member

                                                                                                DCDRF, Keonjhar