PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 197/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Santosh Kumar Pradhan, aged 40 years,

S/O-Kamal Lochan Pradhan,

R/O-Dimirikuda, PO/Ps-Rairakhol,

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

-Vrs-

1. M/S- G.N. Automation,

Represented through its proprietors,

Plot No. 1708/6786, Larpank, Remed,

Sambalpur-768006, Odisha.

2. The Managing Directors M/S Universal Sampo General Insurance Co. Ltd. House No. 461, Second Floor, Gugnani Heights, Gautam nagar Lewies Road Bhubaneswar-751002.
3. The Mahindra & Mahindra Financial Service Limited,

Represented through its Managing Directors,

At/PO-Ainthapali, Dist-Sambalpur-768004              ………………Opp. Parties

Counsels:-

1. For the Complainant           :- Sri. R.N. Debta & Associates
2. For the O.P. No.1                :- Sri. Debasish Mishra & Associates
3. For the O.P. No.2                :- Sri. B.K. Purohit
4. For the O.P. No.3                :- Sri. A.K. Sahoo & Associates

Date of Filing:06.11.2023,  Date of Hearing :29.04.2024,  Date of Judgement :21.05.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a Mahindra pick up vehicle bearing No. OD-15X-0383 on 22.08.2023 being financed by O.P. No.3 paying Rs. 10,78,680/- to the O.P. no.1. The vehicle was insured with O.P. No.2 after payment of premium of Rs. 30,632/-.

On 22.08.2023 the vehicle met an accident. On advice of O.P. no.2 vehicle was delivered to O.P. No.1 for repair and delivery on 23.08.2023. After successive approach also when vehicle was not repaired on 09.10.2023 Complainant personally visited O.P. no.1. The O.P. no.1 replied that after repair vehicle will be handed over. The Complainant is lossing Rs. 1000/- per day on 17.10.2023 an advocate notice was given.

Being aggrieved complaint was filed.

2. The dealer of the vehicle and service provider submitted that the Complainant made a call to O.P. no.1 when the vehicle met the accident at Jamadarpali near Hirakud left Dyke. The O.P. no.1 told that Complainant to call in the Tool free number for the service of Road Side Assistance (RSA). The Complainant availed the free service. The vehicle of the Complainant was stored in the stockyard where other accident vehicles were parked. The vehicle was not in movable condition for which the vehicle was shifted to workshop with the help of a crane.

In accident case surveyor of the insure is needed to come and assess the damage and then only estimate can be issued. The approval letter of insurer was necessary to start the repair work. On 07.09.2023 as per RSA norm the vehicle was shifted to show-room and on 08.09.2023 on request of Complainant estimate was given for RS. 93,832/- with an instruction that the estimate may rise after the survey or after dismantling the vehicle. The surveyor came on 11.09.2023 and approved the same on 22.09.2023. Repairing work started on 23.09.2023. After dismantling the vehicle it is learnt that some further parts are required for which on 30.09.2023 the answering O.P. asked for additional approval from insurer. Some parts were not available with O.P. and it was ordered. As soon as it was received the vehicle repair work was completed. The final bill was revised and settled at Rs. 1,04,225/- which was paid by the insurer on 08.12.2023 and the Complainant took his vehicle from show-room.

There is no deficiency on the part of service provider.

3. The insurer, O.P. No.2 submitted that policy No. 2315/70532162/00/000 commenced from 26.06.2023. For the vehicle No. OD-15X-0383. The date of accident is 23.08.2023. Claim No. CL 23213411/00001 was registered. Mr K.C. Patro, Surveyor was appointed on 07.09.2023 and later another surveyor S.K. Subudhi completed the Survey, who started the survey work on 11.09.2023. On repair basis claim was settled at Rs. 1,03,640.03P. The accident intimation was given on 07.09.2023 and thereafter surveyor was appointed. The second surveyor appointed on 11.09.2023. The Complainant failed to exp0lain why the claim intimation was given after a period of 12 days from the date of accident. The other allegations are denied. There is no deficiency on the part of O.P. No.2.
4. The financier of the vehicle, O.P. No.3 submitted that there is no any specific relief sought for by the Complainant against O.P. no.3. RS. 10,68,000/- was financed by the answering O.P. There is no deficiency on the part of O.P. No.3.
5. Perused the documents filed by Complainant:

1. In voice dated 22.06.2023 for Rs. 10,78,680/-.
2. Policy No. 2315/70532162/00/000 dated 26.06.2023 and valid till 25.06.2024.
3. Pleader notice dated 16.10.2023.
4. M.R. No. 00004 dated 01.04.2024 for Rs. 5600/-.
5. M.R. No. 00007 dated 01.04.2024 for Rs. 13,000/-.
6. M.R. No. 00026 dated 01.04.2024 for Rs. 13,271/-.

The O.P. No.1 submitted following documents:

1. Email dated 31.03.2024 of insurance company showing delivery order confirmation for claim No. CL 23213411/00001 of vehicle No. OD-15X-0383.
2. Details of claim statement of Rs. 1,31,460.25P.
3. Receipt voucher No. 000026 dated 01.04.2024.
4. Receipt voucher No. 000004 and 000007 dated 01.04.2024 for Rs. 5600/- and Rs. 13,000/- respectively.

6. The Complaint was filed on 06.11.2023 and by that time vehicle No. OD-15X-0383 was not delivered by the O.P. No.1 to the Complainant. It is the admission of O.P. no.1 that the vehicle was delivered to the Complainant.

Perused the survey report wherein liability of the insurer is Rs. 1,31,466.25P and the total cost of repairing is Rs. 150,072.00. So the liability of the Complainant comes to Rs. 18,605.75. The Complainant filed money receipt No. 00004 dated 01.04.2024 for Rs. 5600/- and M.R. No. 00007 for Rs. 13,000/- as on 01.04.2024. The payment made is to adjust the liability of the insured i.e. Rs 18,605.75P which is also admitted by the O.P. No.1.

7. The vehicle NO. OD-15X-0383 met the accident on 22.08.2023. The Complainant not mentioned on which date the insurer was informed and to that effect documentary evidence has not been submitted. The insurer in reply submitted claim No. CL 23213411/0001 was only registered on 07.09.2023 after getting the intimation. From 22.08.2023 to 07.09.2023 why the insurer was not informed, the Complainant failed to explain.

Secondly the O.P. no.1 in its reply submitted that Road Side Assistance was provided (RSA) to the Complainant and on 07.09.2023 the vehicle was brought to the show-room. Thereafter estimate of repair was made. As the vehicle was made. As the vehicle is an accident vehicle approval of the insurer is required and taking approval the O.P. No.1 repaired the vehicle. There is no any irregularity on deficiency established against O.P. no.1. After receipt of the approval from insurer the O.P. No.1 repaired the vehicle and after receipt of payment made over the possession of the vehicle.

The claim of the complainant, loss of Rs. 1000/- per day due to dormancy, illegalities of the O.Ps are not acceptable as O.P. No.1 & 2 followed the claim procedures properly.

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

ORDER

The complaint is dismissed on contest against the O.Ps. No cost.

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

Supply free copies to the parties.