DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31^st day of August 2011

Present   : Smt.Seena.H. President

    :Smt. Preetha G Nair, Member

    : Smt.Bhanumathi.A.K. Member                                                                                          Date of filing: 14/03/2011

(C.C.No.44/2011)

Jaya Achuthanandan,

Jayasree,

Rainbow Gardens,

East Yakkara,

Palakkad – 678 013.                                       - Complainant

(Party in person)

V/s

1. K.Ramakrishnan,

    Divisional Manager,

    New India Assurance Co.Ltd.

    Divisional Office Palakkad(761100)

    N.S.Towers,

    Near Stadium Bus stand,

    Palakkad – 678 013.     

    (By Adv.A.R.V.Sankar)

2. Radhakrishnan,

    Manager,

    Divya Electronics,

    LG Authorised Service Centre,

    Near Sreekrishnan Temple,

    Kunnathurmedu,

    Palakkad – 678 013.

O R D E R

By Smt.BHANUMATHI.A.K. MEMBER

Complaint in brief is as follows:

The complainant entrusted her defective Microwave oven model          No.MC 804AAR with the 2^nd opposite party  for repairing the same.  Through the 2^nd  opposite party, complainant came to  understand, from the letter of Area Sales, Manager, LG Company Kozhikkode that the required spare parts are not available in all India.  Complainant had insured whole of her household equipments with 1^st opposite party as House Holders Insurance Policy No.761100/48/09/32/00000633.  The complainant informed this matter to the 1^st opposite party.  1^st opposite party informed the complainant that if the repaired bill is produced the company will pay an amount of Rs.2060/- as its cost.  Again complainant sent a latter alongwith the letter from the LG company to the Divisional Manager of 1^st opposite party.  But the complainant is requested to produce the repaired bill.  As the spare parts are not available in all India the complainant is helpless to produce the repaired bill with the 1^st opposite party.  The act of opposite parties caused monitory loss and mental agony to the complainant. So the complainant seeking an order directing the opposite party to pay an amount of Rs.30,000/- to the complainant as compensation and cost of the proceedings.

Complaint was admitted and notice was served to opposite parties.  1^st opposite party entered appearance and filed version.  2^nd opposite party remains exparte.

The version of 1^st opposite party is as follows:

Opposite party contents that the complaint is in the personal name of Ramakrishnan and not against the insurance company.  1^st respondent is impleaded in his personal capacity.  He has not issued any policy in his personal capacity to attribute deficiency of service. 

1^st opposite party admits that the house holder’s package policy was issued to the complainant.  The complainant had intimated a claim for damages to the LG Microwave oven under section V of the policy alongwith estimate dated 22/9/10 from M/s.Divya Electronics Palakkad for Rs.1,200/-.  The company deputed a surveyor Mr.Unnikrishnan for survey and assessment  loss on inspection  of the damaged item the surveyor has assessed the loss for Rs.2260/- on repair basis.  The company has informed the insurer the details of assessment and the net claim payable was Rs.2060/- and   arrange to submit the bill / discharge voucher for early settlement of the claim.  The insured sent a registered letter stating their inability to produce the bill.  According to 1^st opposite party the claim is not repudiated but premature in nature.  The claim of the petitioner is for the repairer’s bill.  On 28/10/2011 2^nd opposite party requested the company to supply alternative parts for the repairing the set.  No where it is stated that the alternative parts are not available or the set is not repairable.  As per operation clause applicable to section V break down of domestic appliances the basis of indemnity stated as where damage to an insured item can be repaired the company will pay expenses to restore the damaged item to its former state.

In case of total loss the claim will be paid subject to depreciation of 10% per year from the date of manufacture. In this case the claim is for repair charge that was assessed by the surveyor.  1^st opposite party is ready to pay the admitted amount.

Complainant and 1^st opposite party filed their respective affidavits.  Ext.A1 to A5 is marked on the side of the complainant.  Ext.B1 to B2 marked on the side of the opposite party.  Power of Attorney of complainant was cross examined as PW1.

Matter heard.

Issues to be considered are

1.    Whether the complaint is maintainable or not ?

2.Whether there is any deficiency in service on the part of opposite parties?

     3.If so what is the cost and relief ?

Issue No.I

1^st opposite party made a contention that the petition is not maintainable as the Insurance company is not properly impleaded.  The complaint is in the personal name of Ramakrishnan and not against the Insurance company.  He has not issued any policy in his personal capacity to attribute deficiency of service.  Complainant filed this complaint against K.Ramakrishnan, Divisional Manager, New India Assurance Company Ltd. Divisional Office, Palakkad.  It is the official address of the 1^st respondent. So that New India Assurance Company also a party in the proceedings.

Issue No.II & III

The complainant insured her house hold equipments with 1^st opposite party vide policy No.761100/48/09/32/00000633.  The Microwave oven costs Rs.20,000/- was also included in the insured item.  The Mocrowave oven stopped its functioning and it was entrusted with 2^nd opposite party on 22/9/2010 for repairing.  All these facts are admitted by opposite party and reveals from the Ext.A1 and A2 documents.  But on 20/10/10 the 2^nd opposite party intimated the Area Service Manager, LG Electronics Kozhikode that  “For the complaint No.OMAC 10A070009 we require spare parts Magnetron PCB 7 key Membrane. Part No. listed below” for this letter Area Service Manager, LG Electronic replied that “For the below mentioned case part Nos.6871WZ5080D and 6638W1A009P are not available in all India PG look for alternate solution” Again 2^nd opposite party informed the LG company that “we are not able to get an alternative  spare for the same.  Please suggest what is the alternate solution”.  All these are evident from Ext.A3 document.  Insured had informed a claim for damages to the LG Microwave oven alongwith estimate from 2^nd opposite party for Rs.1200/- Company appointed a surveyor to inspect the damages item and assess the loss and he has assessed the loss for Rs.2260/-. 1^st opposite party informed the complainant that on producing repair voucher the claim can be settled.  Opposite party contents that claim is for repair charge and ready to pay Rs.2060/-. Ext.A4 reveals the same.  But Ext.A3 document clearly stated that “the spare parts for repairing the defective microwave oven is not available in all India”.  So it came under the claim for total loss.  According to the Insurance policy Section V – Breakdown of domestic appliances “in case of total loss claim will be paid subject to depreciation of 10% per year from the date of manufacture.  The maximum depreciation however shall not exceed 50% of the item in respect of which a total loss claim is admitted under the policy. The complainant waited for a long time to get the repaired micro wave oven.  As a house hold utensil it is not possible to wait more than 1 ½  years.  But the opposite parties have not done the needful action to solve the problem of the complainant. 

From the above discussions we are of the view that the opposite parties made deficiency of service on their part.

In the result complaint allowed.  The opposite parties are jointly and severally directed to pay an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation 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 for the whole amount from the date of order till realization.

Pronounced in the open court on this the 31^st  day of August 2011.

                                                                                                                                                               Sd/-

     Smt.Seena.H

President

                                                                                                                                                              Sd/-

  Smt.Preetha G Nair

Member

                                                                                                                                                                Sd/-

Smt. Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 –  Original Policy documents of New India Assurance Company of Policy

             No.761100/48/09/32/00000633

Ext.A2 – Photocopy of  claim form dated 22/9/10 issued by Divya Electronics

Ext.A3 –  Photocopy of Email message dtd.23/10/10

Ext.A4 – Letter dated 17/12/10 sent to Mrs.Jaya Achuthanandan by the

            Divisional Manager, New India Assurance Co.Ltd. Palakkad

Ext.A5 -   Reply letter to Divisional Manager, New India Assurance Co.Ltd.

               Palakkad by the complainant dated 30/12/10.  

Witness examined on the side of the complainant

PW1 – Sajith.S

Exhibits marked on the side of the opposite parties

Ext.B1 – Original Purchase bill of Ambadi Electronics dted 15/8/01.

Ext.B2 –  Copy of details of House Holder’s Package Policy

Cost Allowed

Rs.1,000/- allowed as cost of the proceedings