By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant is aggrieved that opposite party refused his claim to reimburse Rs.6383/- being the repaid charges of the motor pump insured with opposite party under House holder's Insurance policy for the period 5-12-2002 to 4-12-2003. He alleges deficiency in service and hence the complaint.<br /> <br /> <br /> 2. Opposite party filed version admitting the policy and repair of the motor pump. Opposite party contends that the Forum has no jurisdiction to entertain the complaint since condition No.10 of the policy provides for referring the dispute for arbitration. That the complaint is bad for non-joinder of the repairer who is a necessary party to the complaint. Further, loss was assessed by the surveyor and as per the surveyor's report the liability of opposite party is assessed as Rs.1502/- for which cheque has been issued to complainant. Hence there is no deficiency in service and complaint is liable to be dismissed.<br /> <br /> <br /> 3. Evidence in this case consists of the affidavits filed by either side. Ext.P1 marked on the side of complainant. Exts.R1 and R2 marked on the side of opposite party. Both sides have not adduced any oral evidence. Due to vacancy in the post of President in 2003, there was no sitting of this Forum for a long time. This case first came up before us on 2-7-2007 and was finally heard on 11-1-2008.<br /> <br /> <br /> 4. The points that arise for consideration are: <br /> (i) Does the Forum have jurisdiction to try the complaint? <br /> (ii) Whether the complaint is bad for non-joinder of necessary party? <br /> (iii) Whether opposite party has committed any deficiency in service? <br /> (iv) If so, reliefs and costs.<br /> Point (i):- Counsel for opposite party submitted that the matter ought to have been referred for arbitration according to the terms and conditions that has been agreed between the parties as per the policy. According to condition No.10 of the policy the only remedy available to the complainant is arbitration. However, this issue is no longer res-integra in view of the judgement of Hon'ble Supreme Court in Skypark Couriers Ltd. Vs. Tata Chemicals Ltd., 2000 CTJ 321 (SC) (CP) where it is held that inspite of a clause for arbitration a complaint will lie before the Consumer Forum. That Sec.3 of Consumer Protection Act provides for an additional remedy. Therefore we hold that this Forum has jurisdiction to try the complaint. The point answered in favour of complainant.<br /> <br /> <br /> 6. Point (ii):- Opposite party contends that the original repairer of the motor pump is a necessary party to the proceedings and that complaint is bad for non-joinder of necessary party. We do not find any merit in this contention since no relief is claimed against the repairer. At the best the repairer can be a witness and not a party to the proceeding. For the above reason we find the complaint is not bad for non-joinder of necessary party. The point answered in favour of complainant.<br /> <br /> <br /> 7. Point (iii):- According to complainant the expenses incurred for repairing the motor pump is Rs.6383/-. Complainant relies on Ext.P1 which is the bill issued by the repairer M/s. Kumpnar Pumps, Coimbatore. Ext..R2 is the report of the Surveyor. Counsel for complainant vehemently argued that no reliance can be placed on Ext.R2 since the Surveyor inspected the pump at Kondotty while the repair of the pump was done at Coimbatore. Admittedly the pump was repaired at M/s Kumpnar Pumps, Coimbatore. In para 15 of Ext.R2 the Surveyor has made it clear that the assessment is made after discussions with the repairer M/s Kumpnar Pumps, Coimbatore. The amount assessed in Ext.R2 is Rs.1652/-. Ext.R1 is the insurance policy. As per condition of excess in page 4 of the policy Rs.150/- has to be deducted. Thus opposite party has tendered to the complainant Rs.1502/- by way of cheque. At the time of hearing counsel for complainant submitted that the said cheque has not been encashed by the complainant till date. Complainant is aggrieved by the quantum and seeks reimbursement of full amount of Rs.6383/- as in Ext.P1. The cause of damage of the motor is internal short circuiting in the field winding. So the motor can be repaired only by winding. In para 13 of Ext.R2 the surveyor has reported that winding of submessible pump is highly skilled job. The pump had to be taken to Coimbatore which is 175 KM away for repair due to lack of skilled persons in Kondotty. Complainant will have incurred heavy service charges since winding can be done only by skilled/expert persons. In Ext.P1 though Rs.975/- is shown for service charges this amount is disallowed in Ext.R2. Further the charges allowed for motor winding and setting including materials is only Rs.750/- as against Rs.1550/- shown in Ext.P1. We consider it unreasonable and unjustifiable on the part of opposite party to disallow the service charges. We find that complainant is entitled to Rs.975/- as service charges as shown in Ext.P1. Therefore apart from the tendered amount of Rs.1502/- opposite party is liable to pay an amount of Rs.975/- which would serve justice to the complaint.<br /> <br /> <br /> 8. In the result, the complaint is allowed and opposite party is ordered to pay Rs.2477/- (Rs.1502/- + Rs.975/-) to the complainant along with costs of Rs.300/- (Rupees three hundred only) within three weeks from the date of receipt of copy of this order failing which the complainant will be entitled to interest upon Rs.2477/- @ 12% from the date of complaint.<br /> <br /> <br /> <br /> Dated this 28th day of January, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.P1<br /> Ext.P1 : Photo copy of the cash bill for Rs.6383/- issued by the repairer.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.R1 and R2<br /> Ext.R1 : Insurance Policy.<br /> Ext.R2 : Report of the Surveyor.<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />