Adv. For the Complainant: - Sri K.K.Patel
Adv. For O.Ps :- Nil
Date of filing of the Case :-16.09.2022
Date of Order :- 10.05.2023
JUDGMENT
Fact of the case in nutshell-
1. The complainant had bought one Maruti Swift Dezire Car financed by the Cholamandalam Investment and Finance Company Ltd. on a down payment of Rs.2,05,000/- and had to pay Rs.7,04,258/- which is the invoice price fixed @Rs.8,500/- EMI per month. The said vehicle was registered at RTO. Kalahandi, Vide Registration No. OD-O8- Q-8309 on dt 15/07/2021 having with its Chassis No. MBHC2FB3SMD100352 and Engine No. K12NP4003826 and the vehicle was insured with HDFC ERGO GENERAL INSURANCE COMPANY LTD, who is the OP No.2 in this case vide policy
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No.2311204216193700000 on dt 13/07/2021 by depositing the premium of Rs. 28,735/- which was valid from 13/07/2021 to 12/07/2022.
On dated 24/02/2022 the said vehicle was met an accident at about 4 PM. At Ghuchipali Chowk near Deogaon Bolangir , by giving side to a heavy truck with high speed came from the front side the car dashed with a tree due to imbalance of the vehicle . The said vehicle was drived by one Manmaya Mahanand who have a valid D.L. of four wheeler to drive.
As because the injured persons were shifted to hospital the complainant. On dt 25/02/2022 lodged a FIR before the police station Deogaon. The accident vehicle was seized by Deogaon Police and the same vehicle was released by the order of the court of SDJM, Bolangir . The complainant lifted the accident vehicle to the Maruti servicing point Bolangir on dt 11/07/2022 for repair. The service center made a service estimate to RS.7,96,429. 20 paisa but the complainant could not deposit the same as the vehicle was insured with Op No.2 and the complainant intimated the matter to OP No.2 Op No.2 had sent his personal to Maruti Suzuki service point to inquire about the truth , there after the Op No.2 advise the complainant to send his claim for the damaged vehicle for due Compensatation . The complainant send his claim paper vide No. 6320022139811 to OP No. 2 but the claim was pending long and under the pressure of the financer Op No.1 the complainant bound to paid some installment and unable to paid more for the poor financial condition of the complainant. More over the service center charge Rs.150/- per day as the damaged vehicle kept in its premises. In the mean time the complainant received information from OP No.2 that the claim application has been rejected for violation of terms and condition of the policy without showing any reason and surprisingly cancel the claim and pay no, heed to the complainant hence this case.
2 To substantiate his case the complainant relies on the following documents
(1) Certificate cum policy schedule 2 no’s ( Xerox copy)
(2) Registration certificate 2 no’s (Xerox copy)
(3) Service estimate 7 no’s ( Xerox copy)
(4) Aadhar card of the complainant (Xerox copy)
(5) FIR copy of Deogaon P.S. 3 no’s ( Xerox copy)
(6) Letter of claim No. 6320022139811( Xerox copy)
(7) Retail invoice 2 no’s ( Xerox copy)
(8) Delivery Challan 1 no’s ( Xerox copy)
(9) Notice of cancellation (Xerox copy)
(10) D.L of Manmaya Kumar Mahanand (Xerox copy)
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(11) New vehicle gate pass (Xerox copy)
3. Having gone through the complainants accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case hence admitted and notice to the Ops were served and in response they could not appear before the commission sufficient time has been given to the OPs for appearance and filing of written version but due to non appearance and non filing of version the Ops are set experte on dt 01/12/2022.
4. From the complainant petition as well as the supporting documents as evidence on record it is found that the said vehicle met an accident as described the place and spot clearly reflect on the FIR copy of Deogaon P.S. The insurance policy paper shows that the accident was occurred within the coverage period i.e. 13/07/2021 to 12/07/2022 which was valid at the time of accident vide policy No.23112024216193700000. The registration certificate shows that the vehicle is registered at RTO Kalahandi. The service estimate paper reflect the Damaged vehicle need Rs.7,96,429.20 paisa as repair charges . The notice of cancellation dated 20/08/2022 where the policy no. stated as 2311204216193700001 instead of 2311204216193700000 which is on the policy certificate. Which is unfair trade practice amounts to deficiency in service.
Due to non appearance and non filing of written version this commission presume that all the allegation made by the complainant is admitted by the OPs as such the case is stand ex-parte against the OPs. Hence order.
ORDER
The OP No.2 ( HDFC, ERGO General Insurance Com .Ltd) here by directed to pay a sum of Rs.7,00,000/- ( Rupees Seven Lakh)only to the complainant @9% interest P.A. from the date of incident and Rs.150/- per month the extra charge for using the premises of the servicing center till date of order, and Rs.10,000/- towards mental agony and Rs.5000/- towards litigation expenses within one month from the date of order failing which the entire amount should be payable by the Op No.2 @12% interest P.A. from the date of incident till realization.
No award as to cost.
PRONOUNCED IN THE OPEN COMMISSION TODAY i.e DATED 10TH DAY OF MAY’2023.
Sd/- Sd/-
(J.MISHRA) (R.K.TRIPATHY)
MEMBER. PRESIDENT(I/C)
