Date of filing:23.1.2014
Date of Disposal:24.9.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
WEDNESDAY, THE 24th DAY OF SEPTEMBER, 2014.
C.C.No.30 OF 2014
Between :
Sri R.Ragunatha Babu, s/o R.Rajagopala Rao, 59 years, R/o Flat No.204, Potluri Residency -6, Opposite Police Station, Kamaiyyathopu, Kanuru, Vijayawada, Krishna District, Andhra Pradesh – 520 007 Represented and espoused by Consumers’ Guidance Society, Having its registered and administration office at Flat No.1, 1st Floor, D.No.58-1-26, Veerapaneni Plaza, patamata, Vijayawada – 520 010.
….. Complainant.
And
1. The Authorized Signatory, Bharti Axa General Insurance Company Ltd., 1st Floor, Ferns Icon, Survey No.23, Doddanakundi Village, K.R.Puram, Hobil, Bangalore – 37.
2. The Branch Manhager, Bharti Axa General Insurance Company Ltd., Near M.& M, M.G.Road, Vijayawada – 520 010.
…....Opposite Parties.
This complaint is coming before us for final hearing on 15.9.2014 in the presence of Consumers’ Guidance Society, Representing the complainant and Sri T.Veerabhadra Rao, Advocate for opposite parties and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant had obtained a motor vehicle comprehensive insurance policy for his car for a period of one year commencing from 28.9.2012 to 27.9.2013 on the payment of premium of Rs.16,091.55 ps. While so in the month of December, 2012 the vehicle of the complainant met with an accident and it was badly damaged. The complainant informed the said fact to the opposite parties 1 and 2 and they intentionally and wantonly delayed in giving work approval for facilitating repairs to the damaged vehicle about two months. The complainant handed over the vehicle to Ultra Motors with prior intimation to the 2nd opposite party for the purpose of effecting repairs. The complainant’s vehicle was repaired by the said Ultra Motors by charging a sum of Rs.2,81,784.98ps. The complainant sent claim form to the opposite parties along with necessary bills and vouchers for the said sum, but the opposite parties credited an amount of Rs.86,000/- directly to his account without explaining any reasons for deduction of such huge amount from his claim. The complainant approached the 2nd opposite party to know the reasons for deduction of such huge amount but every time the 2nd opposite party used to say that the required information would be disclosed as and when the sum is received from the 1st opposite party. Therefore the complainant got issued a legal notice demanding the opposite parties to pay the balance amount along with compensation. The opposite parties received the said notice and kept quiet which amounts to clear deficiency in service. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct the opposite parties to pay the residual claim lawfully entitled to the complainant amounting to Rs.1,95,784/-, to pay Rs.50,000/- towards compensation for inordinate delay in meeting the claim of the complainant and to pay costs.
2. The version of the opposite parties is in brief:
The opposite parties denied all the allegations of the complainant and submitted that the complainant submitted the claim form and the opposite parties appointed a surveyor Y.Madhu Babu to assess the loss and damage. He conducted survey on 8.2.2013 and on subsequent dates and assessed the net loss at Rs.80,969/- and submitted to the opposite parties. The opposite parties approved the claim for Rs.86,938/- considering the spare parts and labour charges with applicable depreciation less policy excess clause and salvage. The complainant issued satisfaction letter for Rs.86,938/- and affixed his signature voluntarily without any protest and the opposite party settled and discharged, paid the said amount in accordance with law. The satisfaction letter is clearly specifically mentioned the amount of Rs.86,938/- and the said sum is towards full and final discharge of claim and the complainant affixed his signature voluntarily without any protest and affixed his signature on the revenue stamp of the discharge voucher. The complainant had not pleaded or alleged in his complaint that his execution is under fraud, undue influence and misrepresented. Therefore the complainant cannot make any claim after full and final settlement of the claim and prayed to dismiss the complaint.
3. The complainant gave his affidavit and got marked Ex.A.1 to Ex.A.4 and on behalf of the opposite parties Sri K.Ravi Kumar Manager gave his affidavit and got marked Ex.B.1 to Ex.B.9.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite
parties towards the complainant in not settling the claim of the complainant
as he claimed?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the documents on hand, the complainant obtained a motor vehicle comprehensive insurance policy under Ex.A.1 from the opposite party for his car for the period of one year commencing from 28.9.2012 to 27.9.2013 on payment of premium of Rs.16,091.55ps. In the month of December, 2012 the vehicle of the complainant met with an accident and badly damaged and the same was informed to the opposite parties 1 and 2. As the opposite parties delayed in giving work approval for facilitating repairs to the damaged vehicle about two months he handed over the said vehicle to Ultra Motors for effecting repairs. The complainant’s vehicle was repaired by the said Ultra Motors by charging a sum of Rs.2,81,748.98ps under Ex.A.3. The complainant submitted claim form along with necessary bills and vouchers for the said amount, but the opposite parties credited an amount of Rs.86,000/- directly to his account Ex.A.4 without explaining any reasons for deduction of huge amount. Therefore the complainant got issued a legal notice Ex.A.2 demanding the opposite parties to pay the balance amount along with compensation. The opposite parties received the said notice and kept quiet.
7. The defence of the opposite parties that the complainant submitted claim form Ex.B.2 and the opposite parties appointed surveyor Y.Madhu Babu to assess the loss and damage. He submitted final survey report Ex.B.4 on 25.7.2013 and assessed the net loss at Rs.80,969/- and the opposite parties approved the claim for Rs.86,938/- considering spare parts & labour charges. The complainant issued satisfaction certificate Ex.B.7 and discharge voucher under Ex.B.6 and affixed his signature without any protest and the opposite parties settled the claim and paid in accordance with law. The settled sum is towards full and final discharge of claim and the complainant affixed signature on the revenue stamp of the discharge voucher. The complainant had not pleaded or alleged in his complaint that his execution is under fraud, undue influence or misstatement. Therefore the complainant cannot make any claim after full and final settlement of the claim. The complainant sent a request letter Ex.B.9 dated 30.1.2013 to the opposite parties stating that his vehicle was met with a major accident and he was escaped with minor injuries. No police complaint was made in this regard. Vehicle is in repairable condition and he felt that the repair estimation prepared by Nissan show room was too high, so he decided to repair his vehicle at Ultra Motors Vijayawada and requested to settle his vehicle claim as per policy terms and conditions.
8. On pursuance of Ex.B.6, Ex.B.7, and Ex.B.9 we came to understand that the complainant received the sum of Rs.86,938/- from the opposite parties for full and final settlement under any protest. When he agreed for the same, he cannot claim again for further amount from the opposite parties. It is clearly seems in Ex.A.4 that the said amount was credited in his bank Account on 3.9.2013 and he withdraw some amount from Rs.86,938/- in various dates on 13.9.2013, 16.9.2013, 20.9.2013 and so on. Hence he accepted for the settlement amount of Rs.86,938/- therefore he cannot claim again against the opposite parties for further amount. Therefore there is no deficiency on the part of the opposite parties towards the complainant in not settle the claim of him after receiving full and final settlement.
9. The citation filed by the complainant held in National Insurance Comp. Vs M/s Boghara Polyfab Pvt., Ltd. The facts in this case are different to the fact of the present case. In the above case the claimant contents that the settlement agreement or discharge voucher or no-claim certificate was obtained by fraud, coercion or under influence. In this case the complainant did not plead or alleged that the discharge voucher and satisfaction certificates were taken by fraud, coercion and undue influence.
10. The citations filed by the opposite parties held in 2014 (1) CPR 244 (NC) Chittiprolu Lokeswara Rao Vs. The Divisional Manager, the United India Ins. Co., Ltd., & Anr. Once complainant has accepted amount in full and final settlement of claim he is not entitled to any further amount under that claim. We agree with the above citation of the opposite parties.
POINT No.3:-
11. In the result, the complaint is dismissed without costs.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 24th day of September, 2014.
PRESIDENT(FAC) MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite parties:-
P.W.1 R.Ragunatha Babu, D.W.1 K.Ravi Kumar
Complainant Manager of the
(by affidavit) 2nd opposite party (by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:-
Ex.A.1 . . Photocopy of insurance policy.
Ex.A.2 16.12.2013 Office copy of legal notice.
Ex.A.3 . . Photocopies of Spares invoice and labour invoice.
Ex.A.4 . . Copy of Statement of account.
For the opposite parties:-
Ex.B.1 . . Photocopy of Insurance Policy.
Ex.B.2 . . Photocopy of Claim form.
Ex.B.3 31.08.2013 E-mail letter along with photocopies of photographs.
Ex.B.4 25.07.2013 Photocopy of Motor (Final) survey report.
Ex.B.5 . . Photocopy of Certificate of Registratin.
Ex.B.6 . . Photocopy of Discharge Voucher.
Ex.B.7 . . Photocopy of satisfaction letter.
Ex.B.8 . . Photocopy of Aadhar card.
Ex.B.9 30.01.2013 Photocopy of letter from the complainant to the 2nd
opposite party.
PRESIDENT(FAC)
