PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT :
1) In brief consumer dispute is as under –
That the Complainant purchased Ford Icon car bearing No.MH-02-AL-5618 and for that car he has obtained Insurance Policy No.VP00174494000100 for Rs.5,54,982/- from Opposite Party. On 26/12/2005, while the Complainants aforesaid car going for Mumbai to Vashi, near Punjabwadi Petrol Pump at about 02.00 hrs. met with an accident. One tempo was running ahead of Complainant’s car and suddenly slowed down its speed, as a result the Complainant’s car dashed the said tempo. After the accident the said tempo ran away from the place of accident. In the aforesaid accident the Complainants car was badly damaged. One of the Occupants of the car Smt. Shabiya alias Ayesha and the Driver of said car Arif Ahmed suffered simple injuries.
2) After the accident report was filed by the driver of the Complainant’s car at Trombay Police Station. In para no.3 in the complaint the Complainant has given particulars of his Ford Icon Car. According to the Complainant, after the accident entire body of the car was damaged beyond repairs. Trombay Police Station carried out investigation and it was closed. On 11/01/2006 The Complainant submitted his claim no.98950 with surveyors report to the Insurance Co. The Complainant was pursuing his case but within 8 months period there was no response from the Opposite Party. Opposite Party’s surveyor Mr.R.M. Thampi has submitted report that the entire body of the car to be replaced. Wasan Auto Sales Pvt. Ltd. also submitted report. There was no reason for delaying decision on the Complainant’s claim. Inordinate delay on the part of Opposite Party in taking decision regarding claim of Complainant amounts to deficiency in service on the part of Opposite Party. The Complainant has purchased a new car for his use, for Rs.6,86,311/-
3) The Complainant has claimed Rs.5,54,982/- as a cost of repairs of his car damaged in the accident. He has prayed for compensation of Rs.2 Lacs for mental agony and also he has claimed cost of litigation from the Opposite Party.
4) Alongwith complaint, the Complainant has produced documents as per list of document. The documents produced consist of copies of FIR dtd.26/12/2005, Claim No.98950 Interactive Receiption Check Sheet-fusion, Form of Cover Note issued by Opposite Party in respect car Ford Fiesta.
5) The Opposite Party has filed written statement and thereby resisted claim of the Complainant contending interalia that present complaint suffers from suppression veri and suggestion suggestio falsi. In the complaint the Complainant has made all sorts of bald allegations without any documentary evidence, with intension to mislead this Forum. The Complainant has deliberately not disclosed that the surveyor appointed by the Opposite Party had clearly opined that body of the car involved in the accident could be repaired and since the vehicle is new. The Opposite Party has produced aforesaid letter of surveyor alongwith written statement at Exh.1. Surveyor of the Opposite Party also addressed another letter dtd.06/01/06 to Wasan Auto Sales Pvt. Ltd. with a copy marked to the complainant and the Opposite Party. By the said letter surveyor has stated in no uncertain terms that a fresh item wise repair estimate for repair to the body shell was required to be submitted by Wasan Auto Sales Pvt. Ltd. The Complainant has not joined Wasan Auto Sales Pvt. Ltd. as a party to this complaint. Therefore, complaint is bad for non-joinder of proper and necessary parties.
6) It is alleged by the Opposite Parties that Complainant has intentionally made false statement in the complaint that the surveyor of Opposite Party has submitted a report that the entire body of the car needs to be replaced. It is submitted that Opposite Party has at all times acted as per the terms and conditions of the insurance contract. After perusal of complaint, it is clear that no relief can be granted to the Complainant by this Forum.
7) The Opposite Party has denied all the allegations made in the complaint and submitted that there is no deficiency in service on the part of Opposite Party and therefore, complaint deserves to be dismissed with cost.
8) Alongwith written statement, the Opposite Party has produced copy of their surveyor’s letter dtd.31/12/05, copy of another surveyor’s letter dtd.06/01/06, copy of estimate of Wasan Auto Sales Pvt. Ltd., etc.
9) The Complainant has filed written argument, Opposite Party has also filed written argument. As both the parties have filed their written argument, therefore, the matter closed for judgement.
10) Following points arises for our consideration and our findings thereon are as under -
Point No.1 : Whether the Complainant has proved deficiency in service on the part of OppositeParty ?
Findings : No
Point No.2 : Whether the Complainant is entitled to recover cost of repairs of his car, compensation of mental agony and cost
of proceeding from the Opposite Party ?
Findings : No
Reasons :-
Point No.1 :-It is case of the Complainant that he purchaseFord Icon Car bearing No.MH-02-AL-5618. For the said car he has obtained Insurance Policy No.VP00174494000100 for Rs.5,54,982/- from Opposite Party. Alongwith this complaint the Complainant has produced Form of Cover Note given by Opposite Party on 30/01/06. The Cover Note is in respect of Complainant’s For Fiesta Car. The Complainant has not produced insurance policy or cover note issued by Opposite Party for his damaged Ford Icon Car bearing No.MH-02-AL-5618. Absolutely there is nothing on record to prove that Opposite Party has given insurance cover to the Complainant’s damaged Ford Icon Car. In the complaint it is stated that “the Companies surveyor Shri.R.M. Thumpi has submitted that entire body of the car to be replaced”. The Complainant has not produced aforesaid letter of surveyor of Mr.Thumpi. On the contrary according to the Opposite Party, their surveyor never wrote letter to the effect that the entire body of the Complainant’s car needs to be replaced. Alongwith written statement, the Opposite Party has produced two letters of their surveyor Mr.Thumpi. On 30/12/05 surveyor, Mr.Thumpi has expressed his opinion that body of the Complainant’s car could be repaired since his vehicle is new. In the 2nd letter dtd.06/01/06 surveyor, Mr. Thumpi wrote to Wasan Auto Sales Pvt. Ltd. to prepare a fresh item wise repairs estimate for repairs to the body shell and then informed his office for assessment of loss. According to the Opposite Party, fresh item wise estimate was not prepared and sent to their surveyor by Complainant or Wasan Auto Sales Pvt. Ltd.
It appears that after the Complainant’s Ford Icon Car met with an accident on 26/12/05 the driver of the said car lodged FIR to Trombay Police Station. Xerox copy of the Police Diary entry is produced on record by the Complainant in which it is mentioned that in the accident car is damaged and occupants of the car Smt. Shabiya alias Ayesha and the Driver of the car Arif Ahmed suffered simple injuries. In this case even though Opposite Party appointed Mr.Thumpi of their surveyor, the surveyor has not prepared report regarding damage to the car. It appears that after the accident the car was inspected by surveyor, Mr.Thumpi and Wasan Auto Sales Pvt. Ltd. The surveyor Mr.Thumpi asked Wasan Auto Sales Pvt. Ltd. to prepare a fresh item wise repair estimate. According to the Opposite Party, no such fresh estimate damage repair estimate was prepared. However, according to the Complainant, Wasan Auto Sales Pvt. Ltd. had prepared estimate for repair of the said car and it been sent to the Opposite Party. The Complainant has not produced on record item wise estimate of his damaged car by Wasan Auto Sales Pvt. Ltd. The Complainant has not produced estimate of repair of damaged car prepared from anybody. Copy of estimate prepared by Wasan Auto Sales Pvt. Ltd. is produced on record by the Opposite Party. In the estimate Wasan Auto Sales Pvt. Ltd. has given names of the items required to be repaired and against each items he has mentioned 2 figures at most of items. In the estimate at Sr.No.2 two figures 250-350. Against item no.2 to 33 two figures are mentioned. Against almost every item he has mentioned 2 figures. In the estimate total cost of estimate is not stated. On the basis of aforesaid estimate of Wasan Auto Sales Pvt. Ltd. it is impossible to ascertain amount required for repair of the car. On the basis of aforesaid estimate this Forum is unable to arrive at conclusion regarding the damage caused to the Complainants car and the amount required for the repairs of the car. In this case the Complainant has not produced Cover Note issued by the Opposite Party for his damaged Ford Icon Car. It appears that necessary information required by the surveyor of the Opposite Party was not supplied by the Complainant or Wasan Auto Sales Pvt. Ltd. Therefore, Opposite Party cannot be blamed for not taking decision regarding claim of the Complainant. Therefore, we hold that the Complainant has failed to deficiency in service on the part of Opposite Party.
Point No.2 :- In this case the Complainant has not produced Cover Note or Insurance Policy issued by the Opposite Party for his Ford Icon Car involved in the accident. The Complainant has not supplied necessary information to the surveyor appointed by the Opposite Party. No claim form is produced on record. The Complainant has failed to adduce reliable evidence regarding estimated cost for repair of his damaged car. The Complainant has failed to prove deficiency of service on the part of Opposite Party. Hence, we hold that the Complainant is not entitled to reliefs prayed for. Hence, we answer point no.2 in the negative.
For the reasons discussed above, the complaint deserves to be dismissed. Therefore, we pass following order -
O R D E R
i.Complaint No.340/2006 is hereby dismissed with no order as to cost.
ii.Certified copies of this order be furnished to the parties.
