PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 58/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Daitary Mohapatra,

S/O- ManabhanjanMohapatra,

At-Gulujipali,Katarkela, VTC Gulujipali, PO-Katarkela, Ps-Jamankira,

Dist-Sambalpur-768107, Odisha.                                            ……….......Complainant.

Vrs.

1. Chola MS Insurance

CholaMandalam Investment and Finance Company Limited(CIFCL) Chola Crest, C5455 and Super B-4, Tiru-Vi-Ka Industrial Estate,

Guindy, Chennai-600032.

2. Chola MS Insurance,

CholaMandalam Investment and Finance Company Limited

MandirChowk, Kuchinda, PO/Ps-Kuchinda,

Sambalpur-768222.

3. General Manager, Chola MS General Insurance,

At-Ainthapali, infront of Kaveri Hotel,

Ps-PO-Ainthapali,Dist-Sambalpur-768004.

4. G.N. Autonation, Plot No. 1708/6786.

At-Larpank, PO-Remed, Ps-Bareipali, Dist-Sambalpur,Odisha-768006

Authorised Service Provider Mahendra                 ……………….Opp. Parties.

Counsels:-

1. For the Complainant         :- Sri. A.Nayak, Adv.& Associates
2. For the O.P.No.1 & 2         :- Ex-parte
3. For the O.P. No.3                           :- Sri. B.K. Purohit, Adv.
4. For the O.P.No.4                :- Sri. D. Mishra & Associates

Date of Filing:17.02.2024,  Date of Hearing :03.09.2024,  Date of Judgement :21.10.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant met an accident of his vehicle No. OD-15P-0326 on 10.05.2022 while were going to D.Hq Hospital Deogarh and later patient forwarded to Burla. P.S. Case No. 0385 dated 11.05.2022 was registered. The O.P.No.4 is the service provider and O.P.No. 3 is the insurer. All documents were provided before Deogarh Ps and Complainant took the Zimanama. Policy No. 337902420670/00002 against claim No. 3379365819 was made. The vehicle was transported to O.P.No.4 and estimate of Rs. 6,06,593/- was made. The O.P.No.4 first insisted for initial deposit of Rs. 1.00 lakh but on refusal insisted for Rs. 50,000/- deposit. The O.P.No.4 dismantled the vehicle and then claimed Rs. 3.00 lakhs. The O.P. NO.3 told the vehicle as total loss and assured to provide new vehicle but it was a false promise. The O.P.NO.4 returned Rs. 50,000/- and kept the vehicle in open space for last 21 months. The Complainant is paying the loan amount of Rs. 12,000/- as it is hypothecated with O.P.No.1. The total income of the Complainant also hampered. During accident driver and accompanying person got injured and about Rs. 3.00 lakhs to-wards treatment spent. The O.P.No.4 also demanding parking charge more than Rs.2. 00 lakhs.
2. The O.P.No.3 insurer submitted that Goods carrying commercial vehicle policy No. 3379/02420670/000/02 was taken by the Complainant for the vehicle No. OD-15P-0326 for the period 03.07.2021 to 02.07.2022. Accident took place on 10.05.2022. The vehicle was taken to O.P.No.4. The surveyor assessed the loss Rs. 415981.75 after deducting salvage, policy excess. The vehicle is still with O.P.No.4. Letter dated 28.07.2022, 20.09.2022 and 04.01.2023 were sent to insured that unless the repairing work is done the insurer would be constrained to close the claim. The claim was closed the claim. The claim was closed as the insured did not get the vehicle repaired at the authorised service centre. The allegations are not specific. The Complainant is not entitled for the Compensation as claimed for.
3. The O.P.No.1 & 2 are the financier and after receipt of notice also not turned up.
4. The O.P.No.3 is the insurer but repeatedly mentioned as O.P.No.1. Accordingly version of insurer was taken up as O.P.No.3.
5. The O.P.No.4 appeared throughout the proceeding but not filed any version.
6. The Complainant not specifically pleaded against the O.Ps and while narrating the incidents erred in mentioning the numbering of the O.Ps. Taking into consideration the parties pleadings judgment is passed without going to the technicalities of the case.
7. It is admitted by the Complainant and insurer that policy No. 3379/02420670/000/02 was inforce at the time of the vehicle No. OD-15P-0326 on 10.05.2022 P.S. Case No. 0385 dated 11.05.2022 was initiated. Claim No. 3379365819 was made by the Complainant. The vehicle was shifted to the O.P.No.4 for repairing. The Complainant paid Rs.50,000/- to O.P.No.4 on 08.02.2023. The IDV is RS. 5,64,015.00. From final Survey report is reveals that the net liability of the insurer is Rs. 4,15,981.75p. The survey was allotted on 28.11.2022. The insurer not explained why the delay was made from date of accident 10.05.2022 to 28.11.2022. From letter dated 28.07.2022, 20.09.2022 and 04.01.2023 it reveals that the liability has been shifted to O.P. No.4, whereas the Complainant paid advance if Rs. 50,000/- on 08.02.2023. It is the insurer on whose assurance the repaid work was to be taken. After receipt of advance payment also the O.P.No.4 not under took the repair work after dismantling as an authorised service station. The total liability goes against O.P.No.3 & 4 for their negligent behaviour and mishandling the case of the Complainant. For the deficiency in service of O.P.No.3 & 4 the vehicle in question has not been repaired yet and the Complainant sustained loss.

Taking into consideration the circumstances of the case following order is passed.

ORDER

The Complaint is allowed on contest against O.P.No.3 & 4 and dismissed against O.P.No.1 & 2. The O.P.No.4 is directed to repair the vehicle within one month of this order. The O.P.No.3 is directed to pay the assessed loss amount to the O.P. No.4 i.e. Rs. 4,15,981.75P within this period of one month and refund Rs. 50,000/- to the Complainant. The rest amount which is to be paid to the O.P.No.4 shall be borne by the O.P.No.3 to-wards compensation. Further the O.P.No.3 is liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/- to the Complainant. In case of non payment the entire amount will cover 7% interest P.A. w.e.f. 10.05.2022 till realisation.

Order pronounced in the open court on 21^st day of Oct. 2024.

Supply frees copies to the parties.