Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 593.
Instituted on : 18.11.2019
Decided on : 30.01.2024
Ravinder Kumar age 42 years, son of Sh. Karan Singh, R/o H.No.1466/31, Kamla Nagar, Rohtak Haryana..
………..Complainant.
Vs.
- IFFCO TOKIO GENERALINSURANCE CO.LTD., Regd. Office- IffcoSadan C1 District Centre, Saket, New Delhi-110017 through its General Manager.
- IFFCO Tokio General Insurance Co. Ltd., Branch Office SCF 23, 2nd Floor, Subhash Park, Near Indusind Bank Delhi Road, Rohtak-124001.
…….Respondents/Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.RavinderDhankhar,Advocate for the complainant.
Sh.PuneetChahal, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he is registered owner of a Car bearingRegistration No.HR-12R-0858 , which was insured by the respondent vide policy No.1-120FS5TI P400 policy # M6447676 valid from 07.03.2019 to 06.03.2020. On 16.08.2019, an auto rickshaw hit the alleged vehicle of the complainant. As no one was injured in the alleged accident, so no FIR was registered. The complainant informed the opposite party on 19.08.2019 on the toll free number of the company and the claim of the complainant was registered vide claim no.1-174S7WB3 dated 19.08.2019 and Rakesh Kumar was appointed as surveyor to survey the loss caused to the vehicle. The surveyor surveyed the vehicle and told that as the vehicle is fully insured so the complainant will be paid the total amount so incurred by the complainant on the repair of his vehicle. Complainant got his vehicle repaired from JagmohanMaruti Body Shop Rohtak and total expenses of Rs.13800/- were paid by the complainant for the said repair. The surveyor asked the complainant for the passbook of his bank account and complainant gave him the photocopy of passbook. But the complainant was shocked to know that approximately 50% amount has been reimbursed to him as only Rs.7682/- has been paid by the respondent for the repair of the his vehcile for which the complainant spent a huge amount of Rs.13800/-. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to clear the claim of the complainant and to give the remaining claim amount of Rs.6118/- alongwith interest and also to pay a sum of Rs.10000/- as compensation on account of mental agony and harassment and also to pay litigation expenses to the complainant. parties. Opposite parties in their written statement has submitted that the vehicle in question of the complainant was insured by the opposite parties. The insured intimated a claim on 19.08.2019 about a loss dated 18.08.2019. Atthis intimation Mr. Rakesh Kumar was appointed as Surveyor to assess this claim. He conducted a survey and submitted a report on 28.08.2019. The report has been made by the surveyor on the basis of the bill submitted by the repairer-Jagmohan Motor Ltd., Rohtak of Rs.11174/-. Upon this bill a depreciation deduction Rs.2491/- and compulsory excess deduction Rs.1000/- was made according to the parts repaired/replaced according to the terms of depreciation and compulsory excess conditions in the policy, as this policy did not have a depreciation waiver and the access deduction is compulsory. After these deductions the reimbursement of Rs.7682/- was made to the complainant on 31.08.2019. The assessment of the surveyor is based on the bills submitted by the repairer and the reimbursement was made as per the surveyor’s report. Hence there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7and closed his evidence on dated 22.06.2022. On the other hand ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A & Ex.RW1/B, documents Ex.R1 to Ex.R4 and closed his evidence on 28.10.2022.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. We have perused the documents placed on record by both the parties. In the present case complainant had placed on record two job sheets Ex.C3 amounting to Rs.11174/- and Ex.C4 amounting to Rs.2625/-. Job Sheet Ex.C3 was issued by the Jagmohan Motors on 23.08.2019. Thereafter one another job sheet was generated vide invoice no.034/BC/190000822 on dated 28.08.2019. This repair was in continuation of first repair dated 23.08.2019. We have also perused the written statement as well as survey report Ex.R3, as per which the surveyor has considered the Invoice Ex.C3 amounting to Rs.11174/- and has assessed the loss as Rs.7682/- which has been paid to the complainant. But the anotherInvoice Ex.C4 which is in continuation of Invoice Ex.C3 has not been considered. A thorough perusal of the bill Ex.C3 shows that the same was issued on mileage of 89432 and the another bill Ex.C4 is issued on mileage of 89433 i.e. only using the same for 1 KM. Hence the same is in continuation of previous Invoice Ex.C3. But this bill has not been considered by the opposite parties or the surveyor in his report. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to pay the remaining amount of Rs.2625/- to the complainant.
6. In view of the fact and circumstances of the case we hereby allow the complaint and direct the opposite parties to pay the amount of Rs.2625/-(Rupees two thousand six hundred and twenty five only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 18.11.2019 till its realisation and shall also pay Rs.4000/-(Rupees four thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
30.01.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member.
