Case No. 114/2021   

IN THE MATTER OF

Smt. Bhawna Arora age about 40 years W/o Sri Nitin Arora r/o Sarai Nabab, Railway Road, Aligarh (Through: Advocate Sanjeev Sharma)

                                                         V/s

1. Bajaj Allience General Insurance Company Ltd. Branch Office 15/54 B IInd Floor, Veerendra Smarti Complex, Civil Lines, Kanpur by Branch Manager                                                                                      (Through: Advocate Arun Kumar Agrawal)
2. Vineet Automobiles, Sarsaul, G.T. Road, Aligarh by MD    (Through: Advocate Abhay Krishna Pachory)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pay compensation Rs.1000000/(Rs. ten Lakh) for mental agony and monitory loss.
2. The Op be directed to repair the vehicle within stipulated period.
3. Cost of the case Rs.25000/.

2. The Complainant has stated that she had purchased a LMV vehicle of Mahindra & Mahindra Company bearing registration no. UP 81 BL 1363 from op no.2 and was insured with op no.1 and the insurance policy was valid from 10.6.2019 to 9.6.2020. On 22.2.2020 complainant’s husband parked the vehicle near his house at Zila Sahkari Bank Premises, Sarai Nawab, Aligarh and on 23.2.2020 at about 9 PM, when the Complainant’s husband show the vehicle he found that the frant and back mirrors , lights, side mirrors and foot rest were damaged and there were dents on both sides of body of the car. Complainant’s husband enquired for neighbors and employees of the bank and found that some children had thrown stones on monkeys to make them run away and which had damage the car. Complainant’s husband lodged the complaint at PS Banna Devi on 28.2.2020 which was entered into GD no. 061 dated 28.2.2020. Complainant handed over the vehicle for service at the authorized service center Vineet automobiles Op no.2 on 24.02.2020 and OP no.1 was informed. Op no1 appointed the surveyor to assess the damage submitted estimate Rs.17840/ and op no.1 informed the complainant about the same on 4.8.2020. Complainant came to know from the OP no.2 that the amount of damages including part and labor charges Rs. 100741/. OP no.1 has been avoiding to repair the car of the pretest of surveyor report and vehicle is standing at service center of the OP no.2 for about 14 months. The vehicle is insured completely under the package policy  and the report of the surveyor is incomplete and vehicle is standing without repair.
3. Op no.1 submitted that the loss was assessed at Rs.17840/ by the surveyor the insurance company is ready to paid said amount. Insurance Company will pay the amount assess by the surveyor and not more than that. Under no circumstances the liability of the OP shall exceed the assessment done by the surveyor. Op no.2 stating in WS that the vehicle was damaged in Road accident and not by throwing the stones to make the monkeys run away. OP no.2 has never avoided to repair the vehicle which has been repaired and the complainant has not briefly taking the vehicle. The bill with complete details and has been filed on the record.
4.  Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their  pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has handed over the vehicle at op no.2 service center and the surveyor of op no1 submitted the estimate Rs. 17840/ and op no.1 has shown its billingness to pay the said amount but the actual damages have been assess by op no.2 at Rs.100741/ as per its invoice annexure 1 attached with affidavit filed by op no.2. invoice and contains the details of the parts and labor charges and the estimate made by the Op no. at rs.100741/ cannot be overlooked on the pretext of surveyor report. Accordingly, OP no.1 insurance company is liable to pay the said amount to the Op no.2 and thereafter OP no.2 shall handover the vehicle to the complainant after complete repairs.
8. The question formulated above is decided in favour of the complainat.
9. We hereby direct the Op no.1 to pay the amount Rs.100741/ to the Op no.2 and thereafter OP no.2 shall handover the vehicle to the complainant after complete repairs. OP no.1 also pay to the complainant Rs.10000/for litigation expenses  and compensation for harassment Rs.25000/.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.