Date of Filing : 22.09.2010
Date of Order : 26.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 26th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO B.Sc.B.L. …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2185/2010
G.R.Lakshmeesha,
S/o.G.P.Rajashekara,
Aged 24 years,
No.602, 16th Cross,
Kuvempunagar,KHB Colony,
Hassan.
(By Advocate R.T.Dhanjaya) …Complainant
V/s.
Cholamandalam M.S.General Insurance
Co. Ltd.,
9/1, Alasur Road,
Bangalore.
(By Advocate H.B.Vijaya Kumar) ….Opposite Party
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that yet to be filing of the complaint under section 12 of the Consumer Protection Act seeking direction to the OP to pay a sum of Rs.1,68,007/- are necessary:
1. The complainant had insured his tempo trux KA-13/9027 with the OP and the insurance was valid between 03.03.2007 and 02.03.2008. on 06.12.2007 the said vehicle met with an accident and sustained damages. Case was registered by the police and also it was intimated to the opposite party who got the survey done and took the document but on 26.3.2009 the OP repudiated the claim. Hence a notice was issued to the OP on 20.07.2009. Hence the complainant is entitled for reimbursement of the repair charges Rs.1,18,007/- and compensation of Rs.50,000/-.
2. In brief the version of the OP are:
The insurance, its validity, are admitted. The estimate furnished by the repairer was scrutinized, photographs of the damaged vehicle were taken and the estimate was discussed with the repairer. The OP requested the complainant to submit the documents and driving license to process the claim. But the complainant did not furnish. The delay in submitting the estimate from the repairer, has rendered loss of several parts from the vehicle and also the parts which has been damaged was rendered further damage and the condition of the vehicle was deterioriated. Hence the claim was repudiated. As the accident occurred in Hassan, this forum has no jurisdiction.
3. To substantiate their respective cases the parties have filed their respective affidavits. Heard the arguments.
4. The points that arise for our consideration are
A) Whether there is deficiency in service ?
B) What order ?
5. Our answers are:
A) Positive
B) As per the detailed order for the following
REASONS
6. Reading the pleadings in conjunction with the affidavits and documents on record it is an undisputed fact that the complainant has insured the vehicle with the OP and the insurance was valid between 03.03.2007 and 02.03.2008. It is also an admitted fact that on 07.12.2007 in the night the said vehicle met with an accident in Ramanagar district and the complaint was registered with the jurisdictional police on the very day which registered it in crime No.0019781, drew the mahazar, conducted investigation. This was intimated to the OP who deputed his surveyor got the survey done went to the repairer discussed with the repairer, took photograph and ultimately negativated the claim stating that the complainant has not furnished bills and documents etc., and also on the ground of delay.
7. Hence under these circumstances if we direct the OP to consider the claim of the complaint viz. the surveyor report and the documents produced by the complainant and pass an order, we think that will meet the ends of justice. Hence we hold the above points
ORDER
1. Complaint is allowed in part.
2. The OP is directed to consider the case of the complainant for payment of insurance amount viz. The surveyor report and all the documents produced by the complainant before this forum, and settle the claim /appropriate orders within 30 days from the date of this order.
3. OP2 is also directed to pay Rs.2000/- as cost of this litigation to the complainant.
4. OP is also directed to send the amount as ordered at No 3 above to the complainant by DD through RPAD and submit to this Forum a compliance report with necessary documents within 45 days from the date of this Order.
5. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
6. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 26TH day of November 2011.
MEMBER PRESIDENT
