Haryana

StateCommission

A/829/2016

ISHWAR SINGH MEHRA - Complainant(s)

Versus

MALWA AUTO SALES - Opp.Party(s)

PAWAN SINGH

03 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    829 of 2016

Date of Institution:  09.09.2016

Date of Decision:    03.02.2017

 

 

Ishwar Singh Mehra son of Jai Karan, resident of Village Jajli, Post Office Juan, Tehsil and District Sonepat.

Appellant-Complainant

 

Versus

 

1.      Malwa Auto Sales (Chevrolet) Kundli, Sonepat through its Manager.

 

2.      Royal Sundram Alliance Insurance Company Limited, Sundram Tower, ,45 & 46, Whites Road, Chennai—600014 through its Managing Director.

Respondents-Opposite Parties

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                         

 

Present:     Mr. Pawan Singh, Advocate for the appellant.                  

                   Mr. S.R. Bansal, Advocate for the respondent No.1

                   Mr. R.K. Basamboo, Advocate for the respondent No.2

                            

 

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated August 04^th, 2016 passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘District Forum’), whereby Royal Sundram Alliance Insurance Company Limited-opposite party No.2 (for short, ‘Insurance Company’) was directed to pay Rs.1,54,559/- alongwith interest at the rate of 9% per annum to Ishwar Singh Mehra-complainant on account of damage to his car bearing No.HR10P-5499. 

2.      The complainant was owner of the car.  The car was insured with the Insurance Company with effect from May 29^th, 2013 to May 28^th, 2014.  The car met with an accident on May 18^th, 2014.  The car was damaged.  The Insurance Company was informed.  The Insurance Company appointed surveyor, who assessed the loss at Rs.1,54,559/-.

3.      Learned counsel for the complainant has urged that the car was taken to Malwa Auto Sales, Sonepat -opposite party No.1 (authorized dealer of the car).  Malwa Auto Sales assessed the loss at Rs.9.00 lakh whereas Insured Declared Value of the car was Rs.4,98,717/-.  For ready reference, the report dated May 30^th, 2014 submitted by Malwa Auto Sales is reproduced as under:-

          “It is certified that a vehicle number HR-10P-5499 met with accident on dated 18^th May, 2014 and this vehicle is lying in our workshop for repair.  And after inspection of above said vehicle our engineer/foreman prepared estimate cost of its repair which is approximately Rs.Nine Lacs which is excess of IDV, because body shell and engine are not in repairable condition both are replaceable with new one as well as AC of the vehicle also replaceable with new one and other parts of the vehicle like chassis also replaceable with new one.  Thus this vehicle is not in repairable condition.”

4.      A reading of the report shows that the car was totally damaged.  The photographs of the damaged car also depicts that the car was totally damaged.  In view of this, this Commission is of the opinion that the Insured Declared Value of the car should have been awarded by the District Forum instead of directing to pay Rs.1,54,559/- to the complainant.  This being so, the impugned order is modified to the extent that the Insurance Company shall pay Rs.4,98,717/- (Insured Declared Value of the car) to the complainant within a period of sixty days from the date passing of this order.  The car is still lying in the garage of Malwa Motors.  The salvage of the car would be retained by the Insurance Company.  The complainant is directed to execute the letter of subrogation, to hand over the keys of the car, transfer the Registration Certificate in the name of the Insurance Company and execute all other necessary documents required for the purpose. The appeal stands disposed of in the manner indicated above.

  

Announced 03.02.2017

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 UK