Punjab

Fatehgarh Sahib

CC/42/2018

Munna Kumar - Complainant(s)

Versus

Goyal Autos - Opp.Party(s)

Sh. A.S.Cheema

11 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/42/2018
Date of Institution	:	14.09.2018
Date of Decision	:	11.04.2023

 

 

Munna Kumar aged about 27 years, son of Sh. Nand Lal Shah, H. No.138, Street no.8, Dalip Nagar, Mandi Gobindgarh, Tehsil Amloh,  Distt. Fatehgarh Sahib.                                                                                                 …………....Complainant

                                                Versus

1. Goyal Autos, Mandi Gobindgarh Road, Amloh, Tehsil Amloh, Distt. Fatehgarh Sahib through its proprietor Nishant Goyal.
2.  The oriental insurance  Company Limited branch office Nabha Chowk Amloh, Tehsil Amloh, Distt. Fatehgarh Sahib. 

 

..………....... Opposite Parties

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

 

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh.A.S.Cheema, counsel for complainant.

     Sh.Mohit Verma , counsel for OP no.1.

     Sh.Aman Sood, counsel for OP no. 2.

 

 

 

 The  complaint has been filed by the complainant  against the OPs (opposite parties) , under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer for giving direction to the OPs to replace the old fuel tank with new one , deposit Rs.15,378/- in the account of the complainant  and to pay Rs.20,000/- on account of mental agony and physical harassment.

1. The complainant purchased new Honda dream Yuga Motor  cycle  bearing chassis no.ME4JC58BKGT040238, Engine No.JC58ET4345967 of black colour from OP no.1 for  amount of Rs.62,000/-. The motorcycle was registered at District Transport office ,  Fatehgarh Sahib having registration no.PB23W-2680. The OP no.1 insured the vehicle with OP no.2 as per rule and regulation of purchase of new motorcycle . After few days the complainant met with an accident and the insurance claim was passed by the OP no.2 but the OP no.1 did not return the old parts of motorcycle to the complainant, inspite of repeated requests. Again in the month of February 2018 , the complainant met with another accident. The complainant approached the OP no.1 for the insurance claim and the OP no.2 visited the spot and after investigation directed the OP no.1 to change the parts of the motorcycle . The OP no.1 changed the parts and an amount of Rs.15,378/- was paid by the complainant to the OP no.1. Three number bills were prepared by OP no.1 and copies of same were given to the complainant . After this the OP no.1 gave back motorcycle to the complainant.  The complainant, after two months observed that old fuel tank was installed on the motorcycle. The complainant requested OP no.1 for changing the old fuel tank with new one as  per rule and regulation of the insurance policy of OP no.2.  The complainant approached the OP no.2 and came to know that OP no.1 did not deposit Rs.15,378/- with OP no.2 and in case of both accidents OP no.1 did not return the old part of motorcycle to the complainant. Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post. OPs appeared through their counsel and filed written versions separately.
3. The complaint has been contested by the OP no.1, filed written version  by  raising preliminary and legal objections.  The said vehicle was purchased by the complainant for an amount of Rs.51,806/- through invoice dated 21.3.2017 and not for Rs.62,000/- as claimed by the complainant. The OP no.1 has returned old parts to the complainant. The parts of the motorcycle were repaired/replaced as per report of surveyor . The complainant did not pay the amount of Rs.15,378/-  nor copies of bills  were given to the complainant. The complainant clicked the photo of bills were through his mobile and placed the same on record.  The amount of Rs.15,378/- is still due towards the complainant  and the OP no.1 is entitled to the said amount from  the complainant or from OP no.2. The fuel tank of vehicle  was replaced with new one and photographs regarding the same were   clicked by the concerned surveyor.  The accidental fuel tank is still in possession of the OP no.1 and no request has ever been made by the complainant.  The complainant has failed to pay the amount of Rs.15,378/- to the OP no.1. and is entitled to get the said amount of Rs.15378/- along with interest @ 9%  from the complainant or insurance Company. The complainant has never issued any legal notice to the OPs and prayer for dismissal of complaint  with cost has been made.
4. The complaint has been contested by the OP no.2, filed written version  by  raising preliminary and legal objections. The motorcycle was insured with OP no.2 vide insurance policy no.233695/31/2017/1542. The motorcycle of the complainant met with an accident and investigation report was submitted by Er. D.P.S. Grover, surveyor of OP no.2.  After the accident the OP no.1 was directed by the OP no.2 to replace the parts of vehicle in question . The said amount can not be deposited by the OP no.1 with the OP no.2. Rather the claim amount is paid/released by the OP no.2 , on receipt issued by the OP no.1.. On 7.8.2018 complainant filed an application with the OP no.2 with regard to installing of old oil tank instead of new oil tank of the vehicle. Upon this the OP no.2 issued a letter regarding the clarification of above said facts to the  OP no.1 with copy to the complainant. A reminder was also issued by the OP no.2 to the OP no.1. The OP no.1 informed to the OP no.2 that the complainant did not pay the amount of Rs.15,378/- to the OP no.1 , due to which no cash receipt was issued and only credit receipt  was issued to the complainant. The OP no.2, on 31.7.2018 sent letter to the complainant directing him to submit cash receipts but he did not submit the same. A reminder of this was sent to complainant on 21.8.2018 but the complainant did not submit the cash receipts.  Thereafter, the complainant submitted credit memos to the OP no.1.  The OP no.2 sent letter on 17.9.2018 to OP no.1 directing him to satisfy the complainant and to give clarification regarding installation of old oil tank of vehicle. Until the cash receipts are  deposited by the complainant,  the claim is not liable to  be passed and prayer for dismissal of complaint  with cost has been made.
5. The complainant in support his complaint tendered in evidence his affidavit Ex.CW1/A along with copies of documents  i.e  Ex.C1 delivery  challan of vehicle dated 15.3.2017,   Ex.C2 registration card of motorcycle,  Ex.C3 insurance Policy of vehicle ,  Ex.C4 bill no.93 of Goyal Autos for Rs.1475/- , Ex.C5 bill of Rs.13,048/-  of Goyal Autos , Ex.C6 bill no.92 dated 3.5.2018 of Goyal Autos,   Ex.C7 legal notice dated 8.8.2018 and Ex.C8 postal receipts. In rebuttal the OP no.1 tendered in evidence  Ex.OP1 copy of motor claim form ,  Ex.OP1/2 report of surveyor dated 21.3.2018,  Ex.OP1/3 report of surveyor dated 10.7.2018.  Ex.OP1/4 bill cash/ memo  bearing no.91 dated 3.5.2018 for Rs.13,048/- , Ex.OP1/5 bill /cash memo bearing no.92 dated 3.5.2018 for Rs.855/-, Ex.OP1/6 bearing no.93 dated 3.5.2018 for Rs.1475/-, Ex.OP1/7 to Ex.OP1/14 photographs of motorcycle,  Ex.OP1/15 letter of OP no.2 dated 16.7.2018 to the complainant , Ex.OP1/16 letter 31.7.2018 of OP no.2 to the complainant, Ex.OP1/17 letter dated 21.8.2018 of OP no.2 to complainant.  In rebuttal the OP no.2 tendered in evidence copies of documents i.e.   Ex.OP2/2 survey report dated 21.3.2018,  Ex.OP2/3 letter of complainant dated 7.8.2018 to OP no.2,  Ex.OP2/4 letter dated 8.8.2018 of letter Ex.OP2 to Ex.OP1,  Ex.OP2/5 letter dated 17.9.2018 of OP no.2 to OP no.1,  Ex.OP2/6 letter  dated 31.7.2018 of OP no.2 to complainant,  EX.OP2/7 bill/ cash memo bearing no.91 dated 3.5.2018 for Rs.13,041/- , EX.OP2/8 bill/ cash memo bearing no.92 dated 3.5.2018 for Rs.855/- , EX.OP2/9 bill/ cash memo bearing no.93 dated 3.5.2018 for Rs.1475/- , Ex.OP2/10 insurance certificate cum Policy of the vehicle,  Ex.OP2/11 letter of OP no.2 dated 21.8.2018 to the complainant and Ex.OP2/12 letter of OP no.2 dated 16.7.2018  and closed their evidence .
6. Heard. Entire record perused.
7. From the perusal of the  record,   it is found that complainant met with an accident in the month of February 2018 and approached OP no.1 regarding the insurance claim, upon which surveyor of OP no.2 gave the report dated 21.3.2018 vide Ex.OP1/2  and the report of surveyor and loss assessor dated 10.8.2018 is  Ex.OP1/3. The complainant has submitted in evidence Ex.C4 to Ex.C6, which are copies of bills issued by OP no.1 to the complainant  for repair of the vehicle dated 3.5.2018 for Rs.1475/-, Rs.13,048 and Rs.855/-. But the OP no.1 in its version has termed these bills as invoice on credit, alleging that the complainant did not pay any amount to the OP no.1 and that  no receipt has been issued to the complainant. OP no.1 has tendered  in  evidence vide Ex.OP1/4 , Ex.OP.1/5 and Ex.OP1/6 all three bills. On all these three bills, ‘credit’ is written by hand . Complainant has proved in evidence vide Ex.C3,  insurance Policy of the vehicle which was valid from 15.3.2017 to 14.3.2018. The accident took place on 18.2.2018 (Ex.OP1/3). OP no.1 repaired the motorcycle and the complainant has proved in evidence issuance of three number bills by OP no.1 bearing no.91,92 and 93 dated 3.5.2018 Ex.C4,Ex.C5 and Ex.C6.  The motorcycle was delivered to the complainant after its repair by the OP no.1. The issuance of bills by OP no.1 regarding the repair of motorcycle and handing over the repaired motorcycle to the complainant makes one believe that the complainant must have made payment to OP no.1. Otherwise why would OP no.1 issue bills and  hand over the repaired motorcycle to the complainant , if the complainant had not made payment to OP no.1.
8. As  a corollary of our above discussion, the present complaint is partly allowed.  So OPs no.1  and 2 are  directed as under:-

[a] OP no.1 to submit the three bills bearing no.91, 92 and 93 dated 3.5.2018 for Rs.13,048/- , Rs.855/-and Rs.1475/- respectively (total Rs.15378/-) to OP no.2 within 10 days of receipt of order.

[b] OP no.2, on receipt of bills from OP no.1 will pay the insurance claim to the complainant within 30 days along with interest @ 6 %from the date of filing of the complaint, thereafter the complainant shall be entitled to recover the above said amount along with interest@ 9% P.A .

Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.

Pronounced 11 April 2023

                                                           

                                                                      (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                          Member