Orissa

Cuttak

CC/89/2020

Prakash Chandra Nayak - Complainant(s)

Versus

Branch Manager,Sriram Transport Finance Co Ltd - Opp.Party(s)

J K Mohanty & associates

30 Nov 2022

ORDER

 

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.89/2020

 

Prakash Chandra Nayak,

S/O:LatePrahallad Chandra Nayak of Ramnagar,

P.O:Telengapentha,P.S:CuttackSadar,

Dist:Cuttack.                                                          ... Complainant.

 

                                                                Vrs.

1.        M/s. Sriram Transport Finance Co. Ltd.,

Represented through its Branch Manager,

Mahanadi Vihar,Sikharpur,P.S:Malgodown,

Dist:Cuttack.

 

2.       M/s. Sriram General Insurance Co. Ltd.,

Represented through its Authorised Signatory,

C/O: Branch Manager,MahanadiVihar,

Sikharpur,P.S:Malgodown,

Dist:Cuttack-753003.                                                       ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                            Sri SibanandaMohanty,Member.

 

               Date of filing:     10.11.2020

Date of Order:    30.11.2022

 

For the complainants:          Mr.J.K.Mohanty,Adv.& Associates.

For the O.P No.1        :          Mr. P.K.Ray,Adv. & Associates.

For the O.P no.2:                       None.

Sri Debasish Nayak,President.                                   

        

          Case of the complainant as made out from the complaint petition in short is that he had obtained finance from O.P no.1 and had purchased a Deluxe Bus bearing Regd. No.OR-02AW-3663 and the said vehicle was insured bearing policy no.10003/31/19/380438 which was effective from 3.10.2018 to 2.6.2020.  The said bus of the complainant had met with an accident on 23.12.19 at Taptapaniarea while it was carrying the students and staffs of Ravenshaw University on study tour.  The matter was intimated to the O.Ps and surveyor was deputed who had inspected the spot.  FIR was also lodged at the Patapur Bit House in this connection.  The complainant had to spend an amount of Rs.92,000/- for taking the damaged vehicle from the spot.  When the claim of the complainant was not settled, he had filed this case claiming a sum of Rs.6,00,000/- towards loss of his Deluxe Bus, a sum of Rs.92,000/- towards the expenses as incurred by him for transporting the damaged vehicle through crane, a sum of Rs.4,00,000/- towards repairing cost of his damaged vehicle, a sum of Rs.1,00,000/- towards his mental agony and harassmentalongwith garage charge of Rs.50,000/- and further cost of litigation of Rs.10,000/-.

          The complainant has filed copies of several documents in order to prove his case.

2.       Out of the two O.Ps as arrayed in this case, O.P no.2 having not contested this case has been set exparte vide order dt.17.3.2022.  However, O.P no.1 has contested this case and has filed his written version.  According to the written version of O.P no.1, case of the complainant being not maintainable is liable to be dismissed.  He has only stated about the finance as provided by him to the complainant thereby enabling him to purchase the vehicle and he has straightaway mentioned that he has no role in the insurance claim of the complainant.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Issue No.ii.

Out of the three issues, Issue no.ii being the most pertinent issue is taken up first for consideration here in this case.

          Admittedly, the complainant had purchased a Deluxe Bus which was insured and during the subsistence of the policy, his vehicle had met with an accident on 23.12.2019 while it was carrying Ravenshaw University students and staff to Taptapani.  As it appears that the complainant had spent a sum of Rs.92,000/- in order to get his damaged vehicle transported from the spot to the authorised repairing centre and the surveyor had offered him a claim value of Rs.3,00,000/- but the same was not settled subsequently.  On perusal of the copies of the documents as annexed to the complaint petition, it is noticed that the said vehicle of the complainant was duly insured and the insurance was effective on the date of its accident.  The complainant has also promptly puptforth his claim before the O.Ps after the vehicle had met with an accident.  The said statements of the complainant gains ample corroboration from the documents as annexed to his complaint petition.  Thus, when the accident is admitted and the policy was inforce and when the surveyor had assessed the loss to the tune of Rs.3,00,000/- it is not understood as to for what reason the claim of the complainant was not settled by the O.P no.2.  Accordingly, this Commission comes to a conclusion that infact there was deficiency in service on the part of the O.P no.2 here in this case.

Issues no.i& iii.

          From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs as claimed but to a reasonable extent.  Hence it is so ordered;

                                              ORDER

The case is decreed on contest against O.P no.1 and exparte against O.P no.2.  The O.P no.2 is thus directed to pay a sum of Rs.3,00,000/- to the complainant towards the loss of his bus.  The said Rs.3,00,000/- be paid to the complainant by O.P no.2 together with interest thereon @ 12% per annum with effect from 2.7.2020 till the total amount is quantified.  The O.P no.2 is further directed to pay the cost of the crane transportation of the damaged bus of the complainant to the tune of Rs.92,000/- as per the bill annexed with interest thereon @ 12% per annum till the amount is quantified.  The O.P no.2 is further directed to pay a sum of Rs.1,00,000/- to the complainant towards his mental agony and harassment and a sum of Rs.10,000/- towards cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 30^th day of   November,2022 under the seal and signature of this Commission.   

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                             Sri Sibananda Mohanty

                                                                                                                                            Member