DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Complaint Case No. :17 OF 2011

Date  of  Institution  : 13.01.2011

Date   of   Decision  : 16.09.2011

Narinder Singh s/o Sh.Bhagwan Singh, R/o Street No.15, Ward No.6, New Court Road, Mansa, Punjab.

                                                                                    ---Complainant.

V E R S U S

1]       Charishma Goldwheels, through its General Manager/Authorised Representative, Plot No.7, Indl. Area, Phase-I, Chandigarh.

2]       The General Manager/Authorised Representative, Charisma Goldhweels, Plot NO.7, Indl. Area, Phase-I, Chandigarh.

 3]          National Insurance Company Ltd., Hero Honda Vertical (D.O.X.), N-1, BMC House, Connaught Place, New Delhi 110001.

---Opposite Parties

BEFORE:            SHRI LAKSHMAN SHARMA                    PRESIDENT

                        SMT. MADHU MUTNEJA                   MEMBER

                        SH.JASWINDER SINGH SIDHU            MEMBER

Argued By:            Sh.D.K.singal, Adv. for complainant.

Sh.Neeral Pal Sharma, Adv. for OPs No1. & 2.

Sh.Nitin Gupta, Adv., proxy for Sh.R.C.Gupta, Adv. for OP-3

PER MADHU MUTNEJA, MEMBER

1]             The instant complaint relates to delay in delivery of motor-cycle after repairs due  to non-payment of bills by the insurance company.

                The complainant had purchased a new Motorcycle from OP-1, insurance cover for which was provided by OP-3.  the complainant has stated that there is a joint venture between the OPs in granting insurance policy so that it would be beneficial to the persons, who need immediate repair of their vehicles.

                The motorcycle unfortunately met with an accident on 23.2.2010 and was damaged badly.  The complainant was also serious injured.  The Police Station Sector 11, Chandigarh was informed immediately. When the complainant recovered, he approached the police for his motorcycle.  The motorcycle was later released by the Court on Supardari. It was then handed over to the OPs for necessary repairs on 31.7.2010.  The complainant thereafter made various visits and telephone calls to the office of OPs for early repair of the motorcycle but the OPs kept on delaying the matter.  The complainant has alleged that he had given his bike for repairs to OPs No.1 & 2 due to the assurance given by OPs regarding the joint venture of Charisma Goldwheels with National Insurance Company and in case of any mis-happening/accident/theft, it would be beneficial for the complainant to reimburse the claim.

                As the OPs have not yet handed over the repaired vehicle to the complainant, he has filed the instant complaint with a prayer that the OPs be directed to repair the motorcycle forthwith as well as pay compensation for harassment and the expenses incurred by him besides cost of litigation.  The complainant has placed on record letters from Insurance Company mentioning the tie-up with OP-1 and Hero Honda authorized Dealer Workshop as well as the policy document.

2]             After admission of complaint, notices were sent to the OPs.

                OPs No.1 & 2 filed joint reply. In the preliminary submissions they have stated that the consumer does not disclose any cause of action against them.  The motorcycle was brought for repairs only on 31.7.2010 after a delay of over 5 months of the accident.  The repairs to the vehicle could not be carried out as the spare parts required to be used for repair were not found in the stock and were repeatedly requested from the manufacturer namely Hero Honda Motors Limited.  The spare parts were finally received on 17.3.2011 and the vehicle was ready on 18.3.2011.  The complainant has failed to take delivery of the vehicle on account of dispute between the complainant and OP-3 qua the charges payable to the OPs No.1 & 2 before taking delivery of the vehicle.  Copies of the Job Card; Notice of completion of repairs dated 18.3.2011 and Bill of Spare Parts worth Rs.32,221.16Ps. have been annexed. 

                The OPs No.1 & 2 have maintained that the delay, if any, in supply of spare parts was on account of shortage of the same with the manufacturer, who is a necessary party to the present dispute, whereas the complainant has not impleaded it as a party to the present complaint, and hence the complaint is liable to be dismissed on this ground alone.  OPs No.1 & 2 have also maintained that the complainant is liable to pay the parking charges @Rs.50/- per day for the usage of space for the period the motorcycle remained parked there, post the first 15 days being a reasonable period of time.

                Despite the complainant being advised to lift his motorcycle from the premises and return the same for repairs only after receiving intimation of availability of the parts to cause the necessary repairs, he has abandoned his motorcycle at the premises of the OPs and when asked to pay parking  charges, he has preferred the instant complaints so that the answering OPs should not demand parking charges amounting to Rs.12,300/- for 346 days.

                On merits, the OPs No.1 & 2 have denied the joint venture between the answering OPs with OP-3.  they have stated that they are a dealer of Hero Honda Motors Limited, New Delhi.  It is also reiterated that due to paucity of spare parts, there was delay in repair of the motorcycle for which they are not remotely liable.  As soon as the spare parts were received from the Manufacturer, the repairs were carried out to the satisfaction of the complainant and the vehicle was made ready on 17.3.2011. Intimation in this regard was also given to the complainant on 18.3.2011.

                Denying rest of the allegations, OPs No.1 & 2 have prayed that the complaint be dismissed.

                OP No.3 in their reply have submitted that the complaint is pre-mature as the complainant himself has failed to get the vehicle repaired and present the same for final re-inspection along with expenses bills etc. to be considered by OP-3 after due application of mind within the ambit of Contract of Insurance.

                However, they have stated that they have nothing to do with the dispute between the complainant and OP-1 & 2 regarding repair of the vehicle. Further, they have contended that this Forum has no territorial jurisdiction to entertain the case as insurance has been done from the office of Insurance Company situated at New Delhi and the complainant is a resident of Mansa. 

                In the parawise reply, after admitting the purchase of vehicle by the complainant,  they have submitted that as per the tie-up between the OPs, any customer who intimates about the loss caused, if any, to the insured vehicle, shall inform about the loss and take the vehicle to the authorized workshop for estimation and repair as per terms & conditions of the policy.   On receipt of intimation, OP-3 appointed Sh.K.K.Taneja, Automobile Engineer as Surveyor & Loss Assessor, who submitted his interim report dated 14.2.2011.  Final Survey Report was received only on 13.4.2011 after completion of the repair of the vehicle for assessment of the loss.  OP-3 has no responsibility for delay in repair of the vehicle.  Further, OP-3 has stated that unless the vehicle is repaired and the same is presented before the answering OP with final bills, it is unable to take a final decision in the matter. Denying any deficiency in service on their part as well as other allegations of the complainant, OP-3 prayed for dismissal of the complaint.

3]             Parties has led evidence in support of their contentions. 

4]             We have heard the ld.Counsel for the parties and have perused the record.

5]             The matter involves the insurance claim against the accidental motorcycle, which was purchased from OPs Nos.1 & 2 and insured with OP-3. 

6]             The complainant has placed on record one letter dated 21.4.2010 as Ann.C-1, issued by the Insurance Company (OP-3), the relevant extract of it reads as under:-

“Please contact the below mentioned dealership for insurance renewal under NsurePlus.

                CHARISMA GOLDWHEELS

                PLOT NO.7 PHASE-1. INDL AREA, CHANDIGARH

                NsurePlus offers you many benefits like

                .        Instant delivery of insurance policy.

. Easy Servicing of claims at Hero Honda authorized Dealer Workshop.

. Cashless settlement of claims (as per policy terms and conditions)

. Policy servicing at dealerships all across India.”

                As per this letter the motorcycle has been insured under NsurePlus Officer, which is a joint initiative of OP-3 as well as Hero Honda Group.  The complainant was required to contact the dealer for renewal of insurance policy as well as other benefits, as mentioned above.  From this document Ann.C-1 the tie-up between the OPs is established and all contentions made by them regarding this issue are falsified.

7]             At the time of accident on 23.2.2010, the complainant himself was badly injured and the vehicle was taken away by the Police.  The vehicle was released on Supardari by the Court on 31.07.2007, after which it was taken to OPs No.1 & 2 for repairs. 

8]             OPs No.1 & 2 have taken about 7½ months period to repair the damaged motorcycle.  The reason for the delay in repair of the motorcycle as put forth by OPs No.1 & 2 is that spare parts required for the repair of the motorcycle were obtained from their Manufacturer-Hero Honda Motors Limited and on receipt of the spare parts from the manufacturer, the motorcycle was made ready by 17.3.2011.  Intimation in this regard was also given to the complainant.           

9]             The onus to prove the delay in delivery/dispatch of the required spare parts of the motorcycle, as alleged, was solely on OPs No.1 & 2.  They must have received the spare parts from the manufacturer against receipts &documents.  It was not at all a verbal transaction between the Manufacturer & OPs No.1 & 2 nor it was their case.  However, inspite of that, they have not placed on record any document/delivery receipt to show as to when they sent the requisition for spare parts and when they received the same from the manufacturers showing delay on the part of the manufacturer alone. Therefore, the plea of OPs No.1 & 2 attributing the delay to the Manufacturer in sending the spare parts is not proved.  Moreover, a Dealer is expected to maintain an inventory of all spare parts so that no customer has to wait or suffer due to delay.

10]            The Surveyor has assessed the loss to the tune of Rs.24,659/- whereas the expenses incurred on the repair of vehicle, as claimed by OP No.1 is Rs.32,221/-.  This amount of Rs.24,659/- should be released to OP-1 by OP-3.  The complainant should pay the balance/difference amount of Rs.7562/- to OPs No.1 and get his vehicle released from them. 

                However, the complainant is not liable to pay parking charges.  The parking charges accruing are due to delay in repair by Ops NO.1 & 2 and subsequent delay in settlement of claim between the parties.

11]            In view of the above observations, we allow the complaint.  OP No.3 is directed to make the payment of Rs.24,659/- to OP No.1 immediately. OP No.1 is directed to immediately release the vehicle of the complainant on receipt of the difference amount of  Rs.7562/-. 

                OPs No.1 & 2 is also directed to jointly & severally pay Rs.20,000/- as compensation to the complainant for harassment suffered as well as for cost of litigation.

                        This order be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay interest on the amount of Rs.20,000/- @9% p.a. from the date of order till its actual payment.

        Certified copies of this order be sent to the parties free of cost.  After compliance, The file be consigned to the Record Room.

Announced

16.09.2011

                                                           (LAKSHMAN SHARMA)

PRESIDENT

(MADHU MUTNEJA)

MEMBER 

(JASWINDER SINGH SIDHU)

MEMBER