PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 26/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Ananda Sunar

S/O-Dwarika Sunar,

R/O-Driver Colony, Dhanupali, Po/Ps-Dhanupali,

Dist- Sambalpur-768005, Odisha

Mob-9090060125.                                                                       ……….......Complainant.

Vrs.

1. The Head of Officer, ODYSSEY MOTORS

Authorised Maruti Dealer,

Ainthapali, N.H.-6, Sambalpur, Dist- Sambalpur-768004, Odisha

2. The Head of the office, Maruti Suzuki Insurance Broking Pvt. Ltd.

Regal office Plot No.1, Nailson Mandela Road,

Vasant Kunj, New Delhi-110071.

3. The Manager SBI General Insurance,

1^st floor, ATM arcade, Plot No. 191, Kharravela Nagar, Unit 3,

Bhubaneswar-751001,Odisha.

4. The Head of the Office, Maruti Suzuki India Limited,

Regd Office-Plot No. 1, Nelson Mandela Road,

Vasant Kunj, New Delhi-110071.                         ....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. S.K. Dash & Associates
2. For the O.P.No.1                :- Sri. S.K. Samal & Associates
3. For the O.P.No.2 & 4         :- Sri. R.Agrawal & Associates
4. For the O.P.No.3                :- Sri. B.K. Purohit

Date of Filing:29.01.2024,  Date of Hearing :15.11.2024,  Date of Judgement :16.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a Maruti Ertiga ZXL from O.P.No.1 on 06.10.2021. The O.P.No.2 received a sum of Rs. 40,603/- to-wards insurance of the vehicle. The vehicle was registered bearing No. OD- 15T-4088. O.P.No.1 issued a warranty card of 5 years with extended warranty of 5 years. The vehicle was insured with O.P.No.3 paying Rs. 13,465/-.

On 16.12.2023 the Complainant notices some unusual sound in engine while coming from Rairakhol to Sambalpur. On the next day while with family complainant was going to marriage the vehicle broke down with a niose from engine and could not restart. Vehicle was toed to O.P.No.1. Estimate was made Rs. 43,044.80P. After request also survey of the vehicle not made in presence of Complainant by O.P.NO.1. The O.P.No.2 & 3 denied the claim and covered for a minor front bonnet painting costs only Rs. 5660/-. The vehicle is lying in open space of the O.P.No.1 and the Complainant for daily work spending Rs. 1500/- to 2000/- hiring vehicle. For deficiency in service the O.Ps are liable.

2. The O.P.No.1, dealer submitted that the Complainant insured vehicle No. OD-15T-4088 through O.P.No.2 with O.P.No.3. The estimated repair cost was Rs. 43,044.80 without recovery report cannot be made to the insurer. The O.P.No.2 & 3 are liable as valid insurance is there. The financier U.Co Bank has not been made a party. There is no deficiency on the part of the O.P.No.1.
3. The O.P.No.2 is the insurance broker and O.P.No.3 is the insurer. The insurer alleged that the complainant not submitted the claim details for which it is not possible to give a suitable reply. The Complainant also not submitted any documents.

The O.P.No.2 submitted that it is licenced with IRDAI. The insurer is the proper party to the case.

4. The manufacturer, O.P.No.4 submitted that Ertiga vehicle No. Od-17T-4088 was sold to Complainant on 30.09.2021. The warranty provided is with certain conditions and limitation. The warranty is valid up to 29.09.2023. The accidental repair arose on 17.12.2023 after conclusion of the warranty period. The Complainant not disclosed the service record.

The Complainant has violated the terms and conditions. The vehicle was given on 23.12.2023 for accidental repair. The repair of the vehicle could not be completed as the Complainant was not completed as the Complainant was adamant on getting the complete vehicle repaired through insurance claim. The Complainant entered into an agreement with O.P.No.1 and taking insurance claim from O.P.No.3. The answering O.P. is neither privy not aware of the incident. The manufacturer is not a necessary party.

5. Later the insurer submitted that vehicle No. OD-15T-4088 is insured with O.P.No.3 for the period 06.10.2023 to 05.10.2024. Claim No. MVO2076112 was generated after accident dated 16.12.2023. Surveyor Mr. Jyoti Prakash Rout assessed the loss of Rs. 4186/- and submitted report. The amount was paid directly in the bank account of the garage after deducting TDS and GST amount. Rs. 3547/- was paid to the garage vide UTR No. 122343254 dated 31.03.2024. When the surveyor visited the garage found that there was scratches on the front Bumper and no other major damage. The surveyor allowed the painting of the front bumper and the amount was paid in the bank account.

The insurer in only liable to pay for accidental damages and not liable for any damages due to electrical and mechanical failure. It is practically not possible that the vehicle shut down completely by dashing with a rock. It can be due to mechanical or electrical break down for which the insurer is not liable. There is no deficiency in service of the O.P. and the complaint is liable to be dismissed with cost.

6. Perused the documents filed by the parties. For the vehicle No. OD-15T-4088 claim No. MVO2076112 was made for the accident dated 16.12.2023. The surveyor submitted the report and assessed the loss of Rs. 4186/-. After deduction of TDS and GST amount an amount of Rs. 3547/- was paid by the insurer vide UTR No. 122343254 dated 31.03.2024. The policy is a stand alone motor own damage cover for Private Car Insurance policy and the claim has been settled by the insurer. After payment of the settled claim amount no more consumer dispute survives.

Accordingly, the complaint filed by the Complainant has no merit and dismissed.

Order pronounced in the open court on 16^th day of Dec., 2024.

Supply free copies to the parties.