PRESENT:      Sh.Parminder Singh, Adv. for complainant.

Sh.Rajesh Verma, Adv. for OP.

                              ---

PER LAKSHMAN SHARMA, PRESIDENT

          M/s Contour Automotive Products Ltd through its Director Sh.Ashok Vij has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to pay the claim of Rs.45017/- of the vehicle. The complainant has further prayed that OP be also directed to pay Rs.45000/- as compensation for mental agony and harassment besides costs of litigation

2.        In brief, the case of the complainant is that he got insured his Toyota Corola Car bearing registration No.PB-70-A-4005 with OP for the period from 23.04.2008 to 22.04.2009. According to the complainant, on 12.07.2008 the car was going to Panchkula. It was raining heavily. Water had accumulated on the road. A bus which was going ahead of the car suddenly stopped. Resultantly, a splash of water entered the car resulting seizure of the engine.   So the car was towed to EM PEE Motors Ltd who is authorized service center of the vehicle in question.  The complainant informed OP regarding the incident on the same day. It has further been averred that the surveyors inspected the vehicles and allowed the complainant to get the vehicle repaired. The vehicle was got repaired by the complainant by spending Rs.45017/-. Thereafter, the complainant submitted the claim along with relevant documents with OP. According to the complainant, OP released the claim of Rs.9399/- only through cheque vide its letter dated 10.09.08 instead of Rs.45017/-. Thereafter, the complainant wrote letter dated 04.10.08 to OP but to no effect. According to the complainant, he is entitled to the claim of Rs.45017/- i.e. the amount actually spent on the repair of vehicle. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by the OP, the factum of insurance of the vehicle in question for the period from 23.04.2008 to 22.04.2009 has been admitted.  It has been pleaded that the claim of the complainant was got investigated and surveyed from M/s Protech Engineers, Loss Assessors who assessed the liability of OP to the tune of Rs.9399.94 vide its report dated 05.08.2008. The said amount of Rs.9399/- was released to the complainant vide letter dated 10.09.08 as full and final settlement of the claim. It has further been pleaded that the claim of the complainant was rightly released as per the terms and conditions of the insurance policy and Indian Motor Tariff.  In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal.

4.        We have heard the learned counsel for the parties and have gone through the entire record including documents, annexures, affidavits etc. 

5.        Annexure R-2 is the final survey report dated 05.08.2008. From this document, it is apparent that the claim regarding replacement of one item i.e. sensors air bag has been allowed. It has further been mentioned in the surveyor report that  the claim regarding replacement of injectors was also made by the complainant. These injectors were shown to the surveyors on 25.07.2008 in a rusted condition. The claim qua the replacement of injectors was declined on the ground that the damage to the injectors is consequential in nature. On the other hand, Sh.Ajay Sharma who is also an approved Surveyor and Loss Assessor  has mentioned categorically in his report (Annexure C-6) that the other replaced parts could be damaged due to injection of water in the car.  M/s EM PEE Motors in its certificate (Annexure C-7) has also mentioned that due to injection of water in the engine, the injectors had been damaged and, therefore, the same were replaced. Thus from the documents as mentioned above read with the affidavit of the complainant, it is apparent that the injectors were also got damaged due to ingestion of water in the car and the said injectors needed replacement. Reasoning given by M/s Protech Engineers, Surveyors that it is a consequential damage has no force and the complainant is entitled for the charges of the replacement of the injectors.

6.        The other items mentioned in the invoice dated 13.08.2008 (Annexure C-2) were also damaged/had to be replaced because of ingestion of the water in the car, as has been mentioned by Sh.Ajay Sharma, Surveyor and Loss Assessor  in Annexure C-6 and M/s EM PEE Motors Ltd. (Authorized Service Center) in Annexure C-7. So the complainant is entitled to the total amount of Rs.45,017/- as mentioned in the invoice dated 13.08.2008 (Annexure  C-2).

7.        Admittedly, the complainant has already received a cheque of Rs.9399/- which has not been encashed by him. Hence, the complainant is liable to deliver back the aforesaid cheque to OP on receipt of the claim.

8.        In view of the above findings, this complaint is allowed with a direction to OP to pay to the complainant the claim of Rs.45,017/- along with Rs.20,000/- as compensation for mental agony and harassment. OP is further directed to pay to the complainant a sum of Rs.5000/- as costs of litigation. The complainant is also directed to return cheque of Rs.9399/- to OP on receipt of the awarded amount.

9.        This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to refund the aforesaid amount of Rs.65,017/- to the complainant along with penal interest @ 18 % p.a. from the date of filing of the complaint till its realization besides costs of litigation.

10.       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

14.01.2010