CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 29 th day of November, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 21/07/2012
CC /137/2012
Anoopraj,
S/o.V. Rajasekharan, - Complainant
Veluthakkal Veedu,
Panthaparambu,
Mudappallur P.O, Alathur,
Palakkad – 678 705
(BY ADV. K. Suresh Kumar)
Vs
Divisional Manager,
Oriental Insurance Co. Ltd.,
Sobha TSM Complex, - Opposite party
Near Railway station,
Palakkad – 678 001
(BY ADV. P.K. Devadas)
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Case of the complaint is as follows :-
The complainant has purchased Pick up van Reg. No. KL-49-C-2361 for doing soft drink distribution agency as self employment for lively hood. The vehicle met with an accident and the complainant sustained injuries and vehicle caused heavy damages. As per the direction given by the opposite party the vehicle entrusted with Akshaya Motors, Yakkara for repairs. At the time of entrusting the vehicle the opposite party promised that the vehicle will be repaired and the amount will be paid by them. But after effecting repairs the complainant paid an amount of Rs. 1,39,857/- and he was informed that the amount will be reimbursed by the opposite party. Accordingly the complainant submitted the claims along with bills. But the opposite party has paid a sum of Rs. 91,100/- only after deducting 12,000/- towards salvage value and Rs. 500/- as policy excess they have deducted a sum of Rs. 36,257/-. So the complainant approached the opposite party to enquire about the deduction of amount the reply given by the opposite party was not clear. The complainant approached Forum for consumer Justice and they issued a register notice to Palakkad Branch office of the opposite party on 25/06/12 to do the needful actions. In the reply notice of the opposite party it was stated that the complainant was accepted the amount without any objection. According to the complainant the discussion was regarding the salvage value and policy excess amount. That is agreed by the complainant. The allegation is regarding the amount of 36,257/-. The complainant paid Rs. 27,673/- as labour charge. But the opposite party sanctioned only Rs. 6,500/- for the same. As per the policy condition no depreciation will be caused for the damage occurred within 6 months. But here the accident happened within 4 months of purchase.
The act of opposite party amounts to deficiency of service on their part. So the complainant seeking an order directing the opposite party to pay the balance amount of the claim amount that is Rs. 36,257/- and Rs.10,000/- as compensation for mental agony and Rs. 2500/- as cost of the proceedings.
Opposite party filed version with the following contention.
Opposite party admits that the vehicle bearing Reg. No. KL-49/C-2361 was insured with the opposite party in the name of complainant valid from 18/10/11 to 17/10/12. As per the terms and conditions of the policy and report of the independent surveyor the loss has been assessed. Opposite party admits that the salvage amount and policy excess has been calculated to the tune of for Rs. 12,000/- and Rs. 500/- respectively. “ The commercial vehicles Package Policy very clearly states in section 1 : regarding loss of or damage to the vehicle insured, the company will indemnify the insured against loss or damage to the vehicle insured hereunder and /or its accessories whilst thereon (VI) by accidental external means subject to the deduction for depreciation at the rates mentioned below in respect of parts replaced : (1) for all rubber/nylon/plastic parts, tires and tubes, batteries and air bags by 50% (2) for fibre glass components by 30% (3) for all parts made of glass – Nil depreciation and the rate of depreciation for all the other parts only including wooden parts will be as per the following schedule ie., as per the age of the vehicle ie., Nil depreciation for the age of the vehicle not exceeding 6 months old. And as per the calculation done by the company strictly following the terms and conditions of the policy an amount of Rs. 91,100/- was arrived.”
Opposite party has made all the points crystal clear to the complainant during the discussion. Opposite party has not reduced the claim amount without any reason. The labour charge of Rs. 21,173/- is disputed by the opposite party Rs. 6500/- is the assessed labour charge. The works manager of Akshaya Motors has agreed for Rs. 6500/- for labour charge and signed it. It is not true to say that depreciation will not be calculated in case of a new vehicle getting damaged within 6 months.
There is no deficiency of service on the part of opposite party and complaint is liable to be dismissed with cost.
Both parties filed their respective affidavits. Ext. A1 to A7 and B1 to B9 marked.
Heard the parties.
Issues to be considered are
Whether the complainant is entitled to get the balance amount of Rs. 36,257/- ?
Whether there is deficiency of service on the part of opposite party ?
If so what is the relief and cost?
Issues 1 to III
The complainant alleged deficiency of service on the part of opposite party in not disbursing the repairing charge of Rs. 36,257/- with respect to the vehicle insured with the
opposite party. The vehicle met with an accident on 8/02/12 and sustained damages. As per the direction given by opposite party the complainant entrusted the said vehicle for repairing at Akshaya motors, Yakkara, Palakkad. Ext. B8 series shows that the complainant paid an amount of Rs. 1,39,857/-. But the opposite party paid a total amount of Rs. 1,03,600/- . In Ext. B5 series opposite party stated that they are settled the claim as per the terms and conditions of the policy and also based on the Technical Report, submitted by the independent surveyor. In Ext. B8 series the labour charge is shown as Rs. 27,200/- . In Ext B3 survey report the surveyor allowed an amount of Rs. 6,500/- only as labour charge. No reason is stated for the reducing the amount. As far as the damaged vehicle is concerned painting and refitting is very essential.
So the opposite party is liable to pay the balance amount of the labour charge of Rs. 27,200/- as per B8 series.
From the above discussions we are of the view that there is deficiency of service on the part of opposite party.
In the result complaint allowed. Opposite party is directed to pay the balance amount of Rs. 20,700/-( Rupees Twnety thousand Seven hundred only) ( Rs. 27,200 – 6500) to the complainant and Rs. 4,000/- (Rupees Four thousand only) as compensation for mental agony and Rs. 1,000/- ( Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 29 th day of November, 2012
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– copy of purchased the vehicle dtd. 18/10/11.
Ext. A2- Copy of insurance policy dtd. 18/10/11.
Ext. A3- Copy of the Terms, Exceptions and Conditions of the policy.
Ext A4- Copy of FIR in accident the vehicle dtd. 08/02/12.
Ext. A5- Copy of repairing the vehicle for bill statement dtd. 18/05/12.
Ext. A6- Copy of the Forum for consumer justice, Alathur Register notice to the opposite party dtd. 25/06/12
Ext.A7 – Reply notice to the Forum for consumer Justice, Alathur, dtd. 28/06/12.
Exhibits marked on the side of opposite party
Ext.B1- True copy of the policy with terms, exception and conditions issued for vehicle with Engine No. E4036500 and Chassis No. G825796 in the name of complaint with No. 442000/31/2012/12724 with validity from 18.10.12 to 17.10.12 , dtd. 18.10.2011.
Ext. B2- Orginal copy of the Motor survey report of vehicle with No. KL/49/C 2361 dtd. 20/04/12 prepared by Er. P. Sugumaran.
Ext. B3- Original Copy of Re-Inspection Report of vehicles with No. KL 49/C 2361 dtd. 24/05/12 prepared by Jayakrishnan.K
Ext. B4- The letter received by opposite party from Forum for consumer justice dtd. 25/06/12
Ext. B5- Copy of the reply notice registered with A/D send by Opposite party to the Secretary, Forum For Consumer Justice, Alathur along with returned A/D.
Ext. B6- Original estimates of repair and labour charges. Dtd 21/10/11 & 18/04/12.
Ext. B7- Original copy of the Motor OD claim scrutiny Form.
Ext. A8-Original copy of spares and labour Bills – 9 in number dtd. 18/05/12.
Ext. A9- Orginal Discharge voucher given by the complainant to the opposite party for full & final settlement in the above matter dtd 06/06/12.
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs. 1000/- (One Thousand only )allowed as cost of the proceedings.
