Uttar Pradesh

Aligarh

CC/222/2022

TAKSHAK KUMAR BHARDAUJ - Complainant(s)

Versus

MANAGER CARSCAN CENTRE - Opp.Party(s)

17 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/222/2022 ( Date of Filing : 19 Nov 2022 )   1. TAKSHAK KUMAR BHARDAUJ S/O LATE SRI NARESH CHAND SHARMA R/O HN C5 NEAR PARI CHOK SAGVAN CITY ALIGARH ...........Complainant(s) Versus 1. MANAGER CARSCAN CENTRE SHANKAR VIHAR COLONY QUARASI RAMGHAT ROAD ALIGARH 2. MANAGER MARUTI SUZIKI INDIA LTD NELSON MANDELA ROAD BASANT KUNJ NEW DELHI 110070 3. MANAGER NEW INDIA ASSURANCE CO LTD 12/5 NARUNG HOUSE 21 KG MARGDELHI 110001 ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 17 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs-  The Ops be directed to repair the car and if the car is not repairable, the value of car be refunded with interest at 18 % per annum.  The Ops be directed to pay the expenses incurred on account of car being not repairable. Compensation for harassment 100000/ and litigation expenses Rs.20000/ Authorization of Service Centre run by OP no.1 against the standard fixed by the OP no.2 be cancelled. Complainant stated that he is the registered owner of a car No. UP 82 N 0893 insured with the Op no.3 at the value Rs. 60000/. The car was damaged in an accident which was given to OP No.1 service Centre on 9.2.2021. It was stated by the Op no. 1 that the expenses would be 20000/ and it will take 20 days in repairing the car. The excess amount shall be recovered from the insurance company. Op no.1 told the complainant that an amount of Rs.27495/ has been received from the insurance company and the complainant has to pay the remaining amount Rs. 57242/ out of the total amount Rs. 84737/. Op no.1 had never informed the complainant the estimated bill Rs. 84737/ and the bill for said amount was not sent to the insurance company. Op no.1 had not informed the complainant and Op no.3 about the expenses Rs. 84737/. The 70 % of the amount declared value of the vehicle paid by the insurance company and in case of estimated bill more than 70% the proposal of total loss is submitted in case of the amount Rs.27495/ being the amount more than 70% than the 100% amount comes to Rs. 39278.57. It shows that the Op no.1 had not sent the estimated bill Rs.84737/ to the insurance company and the bill of the amount less than Rs.84737/ was sent to the insurance company and the op no.1 intends to get the amount Rs. 57242/ fraudulently. OP no. 1 has stated that the complainant was informed about the repair charges at Rs.125000/ and the complainant was told that the actual expenses shall be calculated after examination of the vehicle. Insurance company had submitted the revise estimate at Rs.59244/ and complainant was requested to deposit the part of the total amount. But the complainant had declined the request. The car was repaired upon the promise of the complainant to pay the remaining amount of total expenses after whatever is paid as a part of the insurance claim settlement the vehicle was an outdated model and in order to gets the parts and to finish the service of the vehicle it took around 1.5 to 2 month in repairing the vehicle the amount of Rs. 27495/ received from the insurance company and an amount of Rs. 84481/ is due against the complainant as service charges and Rs.6300/ as parking charges at the  rate Rs.100/ per day from the date of completion of the service i.e. 30.3.2022. Complainant is liable to pay the amount Rs. 84481/ with interest at the rate 18% with parking charges Rs.25500/ and compensation Rs.50000/. Op no.2 stated in WS that the complaint has failed to show any cause of action again the answering OP which is prerequisite to file the complaint. Complainant has no locus standi again the answering op to file the complainant.   Op no.3 has stated that an independent surveyor Mr. Neeraj Sharma was requested to enquire  into damages caused to the complainant’s car in accident who had submitted the report stating the damages amounting Rs. 31882/ and the said amount was paid to the op on the basis of survey report after repairing the car. There is no deficiency in service on the part of Op no.3.     Complainant has filed his affidavit and papers in support of his pleadings. And Ops have also filed his affidavit and papers in support of his pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant is entitled to any relief? As per complainant the total cost of service was rs.84737/ out op  which an amount of Rs. 27495/ was paid by the insurance company and the remaining amount Rs. 57242/ was to be paid to the complainant. As per op no. 1 the amount of Rs. 27495/ was paid by the insurance company again the service charges and extra amount of Rs. 84481/ was to be paid by the complainant along with the parking charges. Op no.1 has filed notice dated 14.6.2022 the, reply to the notice dated 6.6.2022 served on the OP no.1 by the complainant through counsel Mr. Vinay Kumar Sharma. It is stated in this notice that the insurance company had agreed to pay Rs.27495/ and the cost of repairing of the rest of work was at Rs.51563/ + cost of additional work at Rs.3240/ +Rs.2183/ and thus total amount is calculated at Rs. 56986/. Thus the reaming amount relating to repairing at Rs.57242/ as stated by the complainant is established and complainant is liable to pay the said amount. Complainant  is entitled to get the car within a two weeks on payment of Rs. 57242/ to the op no.1 failing which OP no.1 shall be entitled to get parking charges at the Rs.100/per day till the car is removed from the parking place of the op no.1.    The question formulated above is decided accordingly.. We hereby direct to Op no.1 to handover the car to the complainant within two weeks on payment of Rs.57242/, failing which complainant shall be liable to pay parking charge at the Rs.100 per day till the delivery of the car. Parties shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER