Tamil Nadu

North Chennai

CC/10/2017

A.Shanmugaraj - Complainant(s)

Versus

Bajaj Alliance General Insurance co LTD - Opp.Party(s)

S.Agalya

02 May 2018

ORDER

                                                               Complaint presented on:  13.12.2016

                                                                  Order pronounced on:  02.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY  THE 02^nd DAY OF MAY 2018

 

C.C.NO.10/2017

 

 

A.Shanmugaraj, B.A.,B.L.,

S/o.Alagu Krishnasamy,

No.12, Amma Kannammal Street,

Sarathy Nagar,

West Saidapet,

Chennai – 600 015.

                                                                                    ….. Complainant

 

..Vs..

 

M/s.Bajaj Alliance General Insurance Co.Ltd.,

Rep. by its Branch Manager,

No.497/498, 5^th Floor, Isana Kattima Building,

Poonamallee High Road, Arumbakkam,

Chennai – 600 106.

.....Opposite Party

Date of complaint                                 : 24.01.2017

Counsel for Complainant                      : Mrs.S.Agalya

Counsel for Opposite Party                      : M.B.Gopalan Associates,

                                                                    N.Vijayaraghavan, M.B.Raghavan 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite party to pay the bill amount of Rs.35,083/- and also to pay compensation for mental agony to the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant purchased a Volkswagen Car bearing No.TN 09 BY 1854 on 28.10.2014. He had insured the car with the opposite party/insurer. He  availed comprehensive insurance and also add on cover (bumper to bumper) plan “Drive assure – Elite” and paid a total premium of Rs.56,482/- covering the period 27.10.2014 to 26.10.2015 . On 18.04.2014 at about 8.30 p.m, the complainant forced to park his car in a narrow car shed i.e  in front of his house at door No.16/12, the right side staircase damaged the right side door of the vehicle and at the same time damaged the front bumper. A bolt nut was piercing left side of the wall damaged the left side door and the children playing in the street damaged left rear side danger light. The complainant took photographs of the vehicle.

          2. On 22.04.2015 the complainant entrusted the car for repair to the Sundram Motors Service Centre. They furnished Bajaji Alliance Insurance Claim Form. The complainant filled the same and handed over to the service advisor with necessary documents like RC, policy and driving license. The service advisor issued job card and he also informed soon after inspection of the insurance surveyor, he will start the work and will deliver the vehicle on 28.04.2015 . The Sundram Motors estimated the repair charges around Rs.55,000/- The opposite party appointed a surveyor Mr.P.Jai Ganesh and he inspected the complainant vehicle on 23.04.2015. The surveyor also contacted the complainant over phone and enquired the damage caused to the car. At the instance of the surveyor, he gave a complaint to the police on 24.04.2014. The surveyor recommended the claim of Rs.9,100/- only and instructed the complainant to pay the balance amount of Rs.35,083/-.

          3. Due to son’s marriage, the complainant forced to repair the vehicle at his own cost and took delivery of the same. The vehicle is covered with bumper to bumper policy and as per the clause 20 of the policy the opposite party is bound to pay any damage. The opposite party intimated the complainant through letter dated 14.07.2015 his inability to pay the bill amount. The opposite party though insured the vehicle bumper to bumper and failed to pay the repair charges is deficiency on his part. Therefore the complainant filed this complaint to direct the opposite party to pay the bill amount of Rs.35,083/- and also to pay compensation for mental agony to the complainant.        

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The opposite party admits that the complainant had insured his vehicle with him. The place alleged by the complainant to park his vehicle, is very narrow to fit his car. He should have taken reasonable care before parking his vehicle in the narrow space and hence thereby he had violated the policy condition No.4. It is the duty of the insured to intimate the accident to the opposite party without delay. However, the complainant intimated with  4 days delay on 22.04.2015. The opposite party admitted the claim to the extent of damage to the front side of the vehicle. The claim for two sides cannot be allowed. The other averments made in the complaint are denied. The opposite party has not committed any deficiency and prays to dismiss the complaint with costs.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          It is an admitted fact that the complainant is the owner of the Volkswagen (Vento) Car bearing Registration No.TN 09 BY 1854 and Ex.A1 is the registration certificate and he insured the said vehicle with the opposite party bumper to bumper policy with plan “Drive Assure Elite” for the period 27.10.2014 to 26.10.2015 and the policy issued by the opposite party is marked as Ex.A2 and on 18.04.2015 at about 8.30 p.m, the complainant parked the vehicle in a narrow car shed and at the time while parking the right side door, front bumper, left side door got damaged and rear  side danger light also damaged by street children and to show the damage the complainant marked Ex.A4 photographs and on 24.04.2015 to repair the vehicle the complainant entrusted his car to the Sundram Motors and they issued Ex.A5 job card with an estimation of Rs.51,500/- for repair  and the opposite party appointed Mr.Jai Ganesh surveyor and he allowed only Rs.9,100/- and rejected the balance amount of Rs.35,083/- as per Ex.A16 bill issued by the Sundram Motors  and thereafter the complainant issued Ex.A17 notice and filed this complaint.

          7. The opposite party raised two objection for rejecting the part claim amount of Rs.35,083/-

i) The complainant parked the vehicle narrow place which is not to fit to park his vehicle and thereby violated condition No.4 of the policy and

ii) The opposite party was informed about the accident after four days on 22.04.2015.

          8. The opposite party marked Ex.B1 policy with terms and conditions. The clause 4 of the policy condition says that the insured shall take all reasonable steps to safe guard the vehicle from loss or damage. Only to safe guard the vehicle the complainant parked the car in the car shed. Though the car shed is on narrow place, it does not mean that the said car cannot be parked in that shed. It is the case of the complainant that the surveyor of the opposite party has not visited the accident place and he required the complainant to hand over the photograph of the vehicle to him. The opposite party without visiting or seeing the accident place, they cannot say that the complainant violated the clause 4 of the policy condition and hence this objection of the opposite party is rejected.

          9. The complainant insured the vehicle bumper to bumper policy. Hence the complainant is entitled for the claim of own damage. The accident took place when the vehicle was parked further the complainant also availed add on cover policy to claim any damage. In the add on cover, the complainant also paid premium separately. Therefore, the complainant is entitled for claim any damages.  But, the opposite party refused to pay claim for a sum of Rs.35,083/- and paid Rs.9,100/- as per surveyors report proves the negligence by the opposite party. The delay in intimating the opposite party after four days is not a reason to reject the claim in the bumper to bumper policy. In the case of own damage allowing a part claim and rejecting another part claim is not sustainable. Therefore, we hold that the opposite party has committed deficiency in service in refusing to pay the part claim amount of Rs.35,083/- to the complainant.

 

10. POINT NO:2

We held above that the opposite party committed deficiency in service in not allowing the payment of Rs.35,083/- for repair of the complainant vehicle. The complainant himself paid the said amount to the service centre and got repaired the vehicle. Hence, the opposite party can be directed to pay the said sum of Rs.35,083/- to the complainant with 9% interest  per annum from the date of filing of the complaint i.e 23.12.2016 till the date of this order. As we ordered interest to the claim amount, we are not inclined to order compensation for mental agony. However, the opposite party can be further ordered to pay a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to pay a sum of Rs.35,083/- (Rupees thirty five thousand and eighty three only) towards the claim amount with 9% interest per annum from the date filing of the complaint on  23.12.2016 to till the date of this order to the Complainant and also to pay  a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses. The complaint in respect of the other relief is dismissed.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said claim amount shall carry 9% interest till the date of payment.     

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 02^nd  day of May 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 28.10.2014                   Copy of the Registration Certificate of Car TN-09-

                                                    By-1854

 

Ex.A2 dated 25.10.2014                   Copy of the Insurance Policy

 

Ex.A3 dated 01.07.2014                   Copy of the Driving License of the complainant

 

Ex.A4 dated 24.04.2015                   4 Photos of the Car with C.D.which shows the car

                                                     Damages

 

Ex.A5 dated 22.04.2015                   Job Card issued by the Sundaram Motors

 

Ex.A6 dated 24.04.2015                   Copy of the estimation for Rs.51,500.94 given by

                                                     Sundaram Motors

 

Ex.A7 dated 25.04.2015                   Copy of the complainant’s letter sent to the

                                                     Inspector of Police

 

Ex.A8 dated 28.04.2015                   Copy of the acknowledgement card

 

Ex.A9 dated 25.04.2015                   Copy of the letter sent to the opposite party

 

Ex.A10 dated 28.04.2015                 Copy of the Acknowledgement Card

 

Ex.A11 dated 01.05.2015                 Complainant’s son Marriage invitation

 

Ex.A12 dated 25.04.2015                 Copy of the letter given to the Sundaram Motors

 

Ex.A13 dated 25.04.2015                 3  photos of the car shed with C.D. in which

                                                   damage caused.

 

Ex.A14 dated 29.04.2015                 Copy of the Tax Invoice with Labour details and

                                                    part details for Rs.44,183/- issued by the

                                                    Sundaram Motors.

 

Ex.A15 dated 28.04.2015                 Copy of the e-mail sent by the insurance  

                                                    Surveyor Jai Ganesh to the Sundaram Motors.

 

Ex.A16 dated 29.04.2015                 Copy of the balance bill amount of Rs.35,083/-

 

Ex.A17 dated 29.06.2015                 Copy of the notice sent to the opposite party

 

Ex.A18 dated 30.06.2015                 Copy of the Acknowledgement Card

 

Ex.A19 dated 14.07.2015                 Copy of the opposite party’s letter

 

Ex.A20 dated 28.08.2015                 Copy of the legal notice

 

Ex.A21 dated 31.08.2015                 Copy of the Acknowledgement Card

 

Ex.A22 dated 31.08.2015                 Recent photos of the Car with C.D.in the car shed.

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated NIL                     Insurance Policy with terms and conditions

 

Ex.B2 dated 23.04.2015                   Survey Report

 

Ex.B3 dated 22.01.2015                   Claim Form with discharge voucher

 

 

 

MEMBER – I                                                               PRESIDENT