The complainant Arvind Kumar Singh has filed this complaint petition against Divisional Manager, Oriental Insurance Company Ltd., Daya Complex Kalambag Road Aghoirya Bazar Muzaffarpur and two others (o.ps) for realization of Rs. 67,600/- as cost of repairing of the vehicle Rs. 5,60,000/- for not repairing vehicle for 16 months total Rs. 6,27,600/- with 12 % interest p.a Rs. 2,50,000/- as mental, physical, harassment and Rs. 10,000/- for litigation cost. He has also prayed to exempt him from the instalments of the financer from the date of taking possession of the vehicle till the date of handing over possession of the vehicle.
The brief facts of the case is that complainant is a literate unemployed person and he purchased a Belero Jeep Makeup No.- M2M Bolero D.I., Engine No. - GHC-4C71302 Chasis No.- MA1XA2GHKC5D27000, Registration No. BR06-PB-1651 by taking loan from the o.ps No. 2 & 3, Finance company in the month of April 2012. It is further alleged after fulfilling legal formalities he started to use the same. The further case is that the aforesaid Belero Jeep met an accident on 18-12-2013 at about 5 A.M during period of insurance during course of returning from Muzaffarpur to the village of complainant Mohammadpur Damodar due to fog and badly damaged from the frontsize. At the time of accident the vehicle was being driven by Driver Mantosh Paswan and the complainant had sat on the backseat none was injured in the course of accident. It is further alleged that the complainant parked his damaged vehicle in the side of road with the help of villagers and informed o.p no.1 insurance company on Telephone No.- 0621-2244563 about the accident. He also filed a written petition in Sakara P.S. On the basis of same Sakara P.S- Sanha No.- 439/13 dated 18-12-2013 was registered. It is further alleged that after lodging Sanha complainant went in the office of o.p No.1 on the same date and handover a written petition in that office and requested for necessary action for repairing of the damaged vehicle. It is further alleged that officers of the insurance company assured the complainant to appoint surveyor for estimation of repairing cost of damaged vehicle very soon, so complainant returned to his house. The further case is that complainant also filed a written petition in the office of o.p no.-3 with all the papers and requested for repairing of the damaged vehicle and to grant time for payment of monthly instalments till plying of the vehicle. On the road It is further alleged that the o.p kept the application and papers of the complainant but refused to furnish acknowledgement and time for payment of monthly instalments. It is further alleged that after many request the insurance company neither got survey of the damaged Jeep nor granted any amount for repairing of the vehicle so ultimately on 28-12-2013 the complainant took his aforesaid Jeep in the local authorized service centre of Mahindra and Mahindra Chadni Chowk N.H-28 Muzaffarpur for repairing of the same and got receipt of the same. Lastly he arranged rupees after selling his land and got repaired his vehicle in the month of April 2015 and after coming the vehicle on the road he also got other papers of the vehicle. It is further alleged that the complainant had purchased the above vehicle after taking Rs. 3,35,000/- as loan from o.p no. 2 & 3 whereas the total value of vehicle was of Rs. 5,81,800/-. It is further alleged that he make down payment of rest Rs. 2,46,800/- by selling his land. It is further alleged that the complainant returned Rs. 2,30,100/- to the financer o.p no. 2 & 3 for the loan amount It is further alleged that due to negligence of o.ps the vehicle was lying in the agency for one year and 5 month. It is further alleged that the complainant started to ply his vehicle on 15-05-2015 in the meantime on 20-05-2015 the recovery agent of the o.p no. 2 & 3 forcibly took possession of the vehicle.
On behalf of complainant the following documents have been annexed -photocopy of owner book of vehicle Registration No.- BR06PB-1651 annexure-1-, photocopy of Sanha petition filed on behalf of complainant in the P.S.-Annexure-2- , photocopy of insurance certificate cum policy annexure-3, photocopy of D.L. of Mantosh Paswan annexure-4, photocopy of intimations letter dated 18-12-2013 annexure-5, photocopy of receiving of vehicle No.- BR06PB-1651 in the authorized service centre of authorized Mahindra & Mahindra company annexure-6, photocopy of cash memo of repairing annexure-7, photocopy of cash memo of battery annexure-8-, photocopy of insurance certificate cum policy annexure-9, photocopy of rough estimate of loan annexure -10-, photocopy of payment receipts annexure-11, photocopy in inventory list of repossession of vehicle annexure-12.,
O.P No.1 appeared on 25-08-2015 and filed his w.s on 17-03-2016/ 25-05-2018 praying therein to reject the claim of complaint case summerily.
O.P. No.1 has denied the claim of the complainant and has asserted in his w.s. that no any claim of complainant was pending on the policy no.- 332100/31/2013/941 till 01-02-2016. It has been further mentioned in the para-13 of the w.s. that the complainant has never placed his claim before him and if he demanded his claim, the o.p will consider for his claim as per terms & conditions and litigation of policy agreement. With the w.s. photocopy of note of oriental insurance company Ltd. has been annexed.
O.P No. 2 & 3 did not appear before this forum after satisfactory service so the forum proceeded Ex. Party against them.
The learned lawyer for o.p no.1 submits that the complainant never lodged any claim before him so no survey took place and as such there is no deficiency in service on his part.
The learned lawyer for complainant submits that the complainant had filed his petition in office o.p no.1 and receiving of the same has been filed in this case as annexure-5.
The complainant has filed this complaint petition for realization of claim amount severely and jointly against o.ps. The case of the complainant is that he purchased the Beletro Jeep by taking loan from o.p No.2 & 3 and he has only paid amount Rs. 2,30,100/- out of Rs. 3,35,000/- and Rs. 1,04,900/- is due on complainant of the o.ps. The complainant has not filed any papers regarding agreement of the effect that the financer will be held liable for damage caused to the vehicle so we are of the considered opinion that o.p no. 2 & 3 are not liable for any loss or damage occurred due to the accident of the vehicle and as such there is no liability on part of o.p no. 2 & 3 .
As regards o.p no.1, it is admitted fact that the vehicle in question was insured from o.p no.1 since, 24-04-2013 to midnight of 23-04-2014 and the accident took place on 18-12-2013. During insurance period the o.p no.1 has stated in para-13 of his w.s. that he never demanded his claim, from the o.p and if the complainant dues his claim the o.p will consider for his claim as per terms and conditions and limitation of the policy agreement. With the w.s. photocopy of office note of oriental insurance company has been filed to show that no claim for the policy was filed but on perusal of annexure-5 , filed on behalf of complainant Arvind Kumar Singh it transpires that he had o.p no. 1 filed the petition in the office of oriental insurance company for appointing surveyor and manage to the send the vehicle in the agency for repairing. The petition also bears the seal of the company. So, it transpires that after receiving the petition of the complainant the o.p didn’t take any step regarding the repairing of the vehicle, and as such he is liable for repairing cost of damage as well as loss to the complainant.
The complainant has claimed Rs. 67,600/- as repairing cost. He has filed the photocopy of repairing cash memo annexure-7. On perusal of the same, it transpires that the cost of repairing was Rs. 45000/- and Rs. 17100/- as chasis repairing total- 62100/- he has also filed sum documents as annexure-8 & 9 to show that he also expended other amounts in getting policy and other things. So, we are of the opinion that he is entitled to it Rs. 67600/- as repairing cost.
The complainant has also claimed Rs. 5,60,000/- as loss due to non plying of the vehicle for 16 months. The complainant was also duty bond to for repairing of the vehicle from his own source as he did letter on. So he is also jointly liable for the loss caused to him. If o.p no.1 failed to repair the vehicle, complainant was under obligation to repair the same from his own source. So, in our views the complainant is liable to get compensation to the sum extent and litigation cost.
Accordingly, the complaint petition is partly allowed with direction to the o.p no.1 to pay Rs. 67,600/- with interest @ 8 % p.a. from the date of filing of complaint petition as repairing of the vehicle, Rs. 50,000/- as compensation due to loss occurred to the complainant and Rs. 10,000/- as litigation cost to the complainant within two months from the date of order/ receipts of the certified copy of the order, on failure to pay the aforesaid amount the o.p shall be liable to pay the same with 9 % p.a. interest from the date of filing of complaint petition till realization. Let a copy of this order be furnished to both the parties as per rule.
