PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 39/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Dillip Kumar Singh, Aged about 57 years,

S/O-Late Gajraj Singh,

R/o- Near Mahadev Temple, Modipara, PO-Modipara,

PS-Town, Tah/Dist-Sambalpur-768002, Odisha.  .……….......Complainant.

Vrs.

1. Manager, M/S-VE Commercial Vehicles Ltd.

(retail Business Division), Plot No. 2325/3656,

Sambalpur Town, Unit No.12, Village Remed, Po-Bareipali,

Ps-Ainthapali, Dist- Sambalpur, Odisha-768006.

2. Manager, VE Commercial Vehicles Ltd.

3^rd Floor, Select Citywalk, A3, District Center, Sakel, New Delhi,

India, PIN-110017, Mob-1129563724.

3. Divisional Manager, Oriental Insurance Company Ltd.

At-SarlakaniChowk, Po-Dhankauda, Ps-Dhanupali,

Dist-Sambalpur, Odisha-768006.                          ...……….Opp. Parties

Counsels:-

1. For the Complainant      :- Sri. H.N. Sarangi& Associates
2. For the O.P. No.1 & 2        :- Z.A. Siddiqui & Associates
3. For the O.P. No.3               :- Sri. S. Mahapatra

Date of Filing:20.03.2023,  Date of Hearing :16.04.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that Eicher Terra 25 Tipper No. Od-15C-6455 is insured with O.P. no.3 vide policy No. 345600/31/2019/6053 for the period 02.11.2018 to 01.11.2019 on 04.05.2019 near Salana the vehicle met an accident, suddenly a cow came to the front as a result the vehicle capsized to right side road for which front bomfar, radiator, light and front cabin damaged. Rusuda out post Bheden Ps Case No. 03 dated 04.05.2019 registered. The O.Ps were informed and as per advise of O.P. no.3 vehicle was handed over to O.P. no.1 on 05.05.2019 with the help of Crain, O.P.No.1 on the advise of O.P. No.3 not started repair and assured to start after receipt of survey report. Survey report was given on 13.03.2020, thereafter repairing started. O.P. no.3 paid Rs. 1,80,000/- to O.P. no.1 as advance on 21.05.2020. Survey report dated 15.11.2022 assessed loss of Rs. 2,45,000/- by Er. B.K. Pattanaik. Due to non-repair in time the Complainant sustained heavy loss and could not pay the installments. After repairing on 04.03.2023 the O.P. No.1 sent a letter demanding Rs. 4,13,645.11P. The O.P. No.3 has paid Rs. 2,42,000/-. The Complainant was requested to pay balance Rs. 1,71,648.11P within 7 days or else parking charge of Rs. 300/- will be charged per day by O.P. No.1.

The Recovery officer, Debt Recovery Tribunal, Cuttack sent demand notice of Rs. 38,23,777/- in OA/574/2017 for deficiency in service this complaint has been filed.

2. The O.P. no.1 & 2 submitted that the Complainant bought Eicher Terra 25 Tipper Truck having Regd. No. OD 15C-6455 from O.Ps. The vehicle was reported at Workshop on 19.05.2019. Estimate was provided on 20.05.2019. The Surveyor assessed loss of Rs. 2,45,000/- as on 15.11.2022. The first survey report was issued on 13.03.2020. On 21.05.2020 advance payment of Rs. 1,80,000/- was made by O.P. No.3 Denting and painting completed within a month.

The Complainant in order to reduce cost of repair took certain work done at unauthorized workshops. The ancillary works were taken thereafter and completed in July, 2022.

The vehicle was operational by 29.07.2022 and final Survey made on 29.07.2022. Vide letter dated 04.03.2023 and 04.05.2023 the Complainant and O.P. no.3 were informed about parking charges.

The O.P. no.3 made the final payment on 07.02.2023 and subsequently O.P. No.1 sent the letter to Complainant on 04.03.2023 to take possession of the vehicle and remainder dated 04.05.2023 but Complainant not turned up. The Complainant has to pay Rs. 1,71,648.11P and parking charges of Rs. 300/- per day.

3. The insurer admitted the insurance policy. Insurance company settle a claim only after receipt of final survey report for assessment of actual loss. The O.P. No.1 was advised to start repair work only after deputation of surveyor. Sri. H.N. Agrawal conducted the survey and submitted his report on 13.05.2019. The O.P. No.2 made advance payment of Rs. 1,80,000/- on 21.05.2020. Final surveyor Sri. B.K. Pattanaik submitted report dated 15.11.2022 assessing Rs. 2,45,000/-. The balance amount of Rs. 65,000/- was paid to O.P. no.1 on 07.02.2023.

There is no any deficiency on the part of O.P. No.3. The claim has already been settled and the complaint is not maintainable.

4. Perused the documents filed by the parties. It is the admission of the parties that on 04.05.2019 the vehicle  No. OD-15C-6453 met an accident and S.D.E. No. 03 dated 04.05.2019 was made at Rusuda out post, Bheden Ps, Sri. H.N. Agrawal submitted his preliminary survey report dated 13.05.2019.

After 13.05.2019 till 10.02.2020 the O.P. No.3 has not taken any step for settlement of claim nor any step for repairing of the vehicle. On 10.02.2020 when Complainant requested the O.P. No.3 then only step were taken for advance payment and it was paid on 21.05.2020.

O.P. No.1 submitted that on 19.05.2019 vehicle was reported and estimate was made on 20.05.2019. First survey report was made on 13.03.2020. From 19.05.2019 till 13.03.2020 the O.P. no.3 not explained why preliminary Survey was not made and delay made.

As per statement of O.P. No.1 & 2 the vehicle was made operational on 29.07.2022 and final Survey was done on 29.07.2022. The O.P. No.3 made the final payment on 07.02.2023 to O.P. No.1. Here also the O.P. no.3 not explained why from 29.07.2022 to 07.02.2023 inordinate delay in payment was made. As per contention of O.P. No.1 & 2 on 04.03.2023 letter was sent to the Complainant and reminder to O.P. No.2 was made on 04.05.2023. The O.P. no.1 & 2 failed to explain when the vehicle was operational on 29.07.2022 immediately thereafter no any letter was issued. The O.P. No.1 & 2 took time from 29.07.2022 to 04.03.2023 that vehicle is ready for delivery. This proves deficiency in service on the part of O.P. no.1 & 2. From the circumstances it is clear that the O.Ps collusively delayed the claim and thereby the Complainant sustained heavy loss, unable to run his vehicle, was proceeded with OA No. 574/2017 for non payment of installments amounting to Rs. 38,23,777/-. Further for non-repairing and non-settlement of claim the Complainant sustained loss in earing. Although the Complainant not substantiated his loss of Rs. 5000/- per day but taking into consideration the scale of finance and earing a substantial loss has been caused to the Complainant.

5. It was the duty of Complainant to deposit the balance amount of Rs. 1,71,648.11P demanded by the O.P. No.1 & 2 after payment of Rs. 2,45,000/- by O.P. No.3 and take back his vehicle. No doubt there is deficiency on the part of O.Ps but the Complainant failed to perform his part of duty.

As discussed Supra following order is passed.

ORDER

The complaint is allowed on contest against the O.Ps partly. The O.Ps are jointly and severally liable to pay compensation for the damages sustained by Complainant for their deficiency in service. The O.P. No.3 is directed to pay Rs. 1,71,648.11P to the O.P. No.1 and after receipt the O.P. No.1 is directed to hand-over the vehicle in good running condition to Complainant. Further O.PS are jointly liable to pay compensation of Rs. 2000/- per day for unnecessary detention w.e.f.29.07.2022. The O.Ps are liable to pay litigation expenses of Rs. 20,000/-.

Order pronounced in the open court on 18^th day of June, 2024.

Supply free copies to the parties.