Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 31.08.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay claim amount along with 15% interest.
- To direct the opposite parties to Rs. 5,000/- per month from 29.10.2011 for physical harassment.
- To direct the opposite parties to pay Rs. 10,000/- as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased TATA SUMO Victa jeep from opposite party no. 3 on 24.10.2012 after paying Rs. 6,98,000/-. The complainant has paid Rs. 2,48,900/- cash and Rs. 4,50,000/- was financed by TATA Motors Finance Ltd. and thus the opposite party no. 3 had received Rs. 6,98,000/- which includes insurance and registration charge. At the time of delivery of the vehicle the opposite party no. 3 insured the aforesaid vehicle with opposite party no. 1 and cover note of the aforesaid insurance bearing no. D1377602 was issued by insurance company which was handed over to the complainant by opposite party no. 3 which is annexed as annexure – 8. The complainant has also paid the amount to opposite party no. 3 to for registration of the vehicle and temporary registration number was affixed on the vehicle. At the time of delivery of vehicle, opposite party no. 3 had assured him that all original papers relating to the vehicle shall be handed over to the complainant within period of one month.
It is further case of the complainant that unfortunately the aforesaid vehicle met an accident on 29.10.2011 due to which the vehicle was badly damaged. The complainant informed opposite party no. 3 and as per advice of opposite party no. 3, complainant brought the aforesaid vehicle in the workshop of opposite party no. 3 where the in charge of the workshop gave estimate of Rs. 6,23,111/- for repairing the aforesaid vehicle. Opposite party no. 3 had handed over the receipt dated 03.11.2011 from which it appears that entire tax to the state was paid as will appear from annexure – 7.
From bare perusal f annexure – 8/A which is a certificate of insurance cum policy schedule it transpires that the aforesaid vehicle was insured from 24.10.2011 to 23.10.2012. The complainant has asserted that despite repeated request to opposite party no. 1 and 2 has not settled the claim of the complainant and has not paid any amount. Thereafter the complainant gave legal notice to opposite party no. 1 to 2 as will appear from annexure – 10 and 11.
On behalf of complainant all the relevant papers such as registration number, insurance cover note, insurance certificate has been filed which have been annexed as annexure – 3, 8, 8/A. From bare perusal of annexure – 7 which appears to have been issued by D.T.O., it is crystal clear that the complainant has paid Rs. 28,803/- by way of tax.
On behalf of opposite party no. 1 and 2 a written statement has been filed denying any deficiency on their part, stating therein that after receiving information about the occurrence opposite party (insurance company) deputed a surveyor and loss assessor for assessment of the loss. The surveyor submitted final report dated 21.11.2011 to the insurance company stating therein that vehicle is repairable and assessed the loss of Rs. 1,61,141/-. In Para – 11 and 12 of the written statement opposite party no. 1 and 2 has asserted the following facts, “the insurance after receipt of surveyor report and other papers scrutinized the papers and found that tpemporary registration was valid from 03.11.2011 to 02.12.2011.”
“Since, the vehicle was plying without registration on the date of accident that is 29.10.2011 so the insurance company repudiated the claim and informed the complainant vide letter dated 26.12.2011.”
On behalf of complainant rejoinder has been filed stating therein that the complainant paid the entire charge of registration, insurance and tax to opposite party no. 3 who is authorized dealer of TATA Motors. After receiving the entire amount from the complainant, the opposite party no. 3 has handed over the temporary registration number and other documents to the complainant and the cover note bearing no. D1377602 was also provided to the complainant. The period of insurance is from 24.10.2011 to 23.10.2012 and the complainant has never violated the terms of insurance policy. The registration certificate dated 24.10.2010 is a valid document and the same is provided by opposite party no. 3 opposite party no. 1 and 2 had also made verification of the aforesaid documents.
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From bare perusal of the annexure – 1 to 8/A annexed by the complainant with complaint petition, it is crystal clear that complainant has paid entire amount such as registration charge, insurance etc. to opposite party no. 3 at the time of delivery of the vehicle on 24.10.2011 ( wrongly mentioned in the complaint petition as 24.10.2012 which appears to be apparent typing mistake) because in rejoinder the complainant has give the date of delivery of the vehicle on 24.10.2011 as will appear from annexure – 3 also.
The insurance is admitted. The surveyor has surveyed the loss and has recommended Rs. 1,61,141/- but the opposite party no. 1 and 2 has rejected the claim of the complainant on the ground that at the time of accident i.e. 29.10.2011 the temporary registration of the vehicle in question was no valid. From bare perusal of annexure – 3 it appears that registration certificate has been issued on 24.10.2011 which is not under challenge.
In our opinion as the complainant has deposited entire amount for registration, tax, insurance etc. with opposite party no. 3 hence if anything occurs to the contrary the complainant has no hand in it.
In view of the facts and circumstances stated above we find and hold that in not settling the amount as per report of the loss assessor the opposite party no. 1 and 2 have committed gross deficiency.
For the reason stated above we direct opposite party no. 1 and 2 to pay Rs. 1,60,141/- ( Rs. One Lac Sixty Thousand One Hundred Forty One only) as per report of surveyor and loss assessor of opposite party no. 1 and 2 to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 1 and 2 will pay 10% interest on the above said amount of Rs. 1,60,141/- ( Rs. One Lac Sixty Thousand One Hundred Forty One only) till its final payment.
Opposite party no. 1 and 2 are further directed to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
