OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &
Sri K.K.Mohanty,MEMBERS .
Consumer Complaint No. 25 of 2018
Date of Filling : -06.03.2018.
Date of Order :- 28.08.2019.
Amaresh Pradhan,S/O.Bhajaman Pradhan,
At/P.o.Takuda,P.S.Jarapada,Dist.Angul.Odisha.
_________________________________________________________Complainant.
Vrs.
- Managing Director ,Odyssey Motors Pvt.Ltd.,
Dealer-Maruti Suzuki India Ltd.,At-N.H.55,CPP Chhak,P.o.Kulad,Dist.Angul,Odisha- 759145
- Managing Director, Maruti Suzuki India Ltd.,
1-Nelson Mandela Road,Vasantkunj,New Delhi-110070.
- Managing Director, Maruti Insurance Broking Pvt. Ltd., 1-Nelson Mandela Road,Vasantkunj, New Delhi-110070.
- National Insurance Co.Ltd,Maruti Vertical Div.No.10,
803-A,8th Floor,Tower 3,Konnectus Building,Opp.New Delhi Rly.Station,Bhavbhuti Marg, New Delhi-110002.
- Suren Pradhan( Work sop manager),Odyssey Motors
Pvt.Ltd.,Dealer-Maruti Suzuki India ltd.,At-N.H.55,
CPP Chhak,P.O.Kulad,Dist.Angul,Odisha,Pin-759145.
- Santosh Das (Authorized representative), Maruti
Insurance Broking Pvt. Ltd.Building of Odyssey
Motors Pvt.Ltd.,Dealer-Maruti Suzuki India Ltd.,
At-N.H.55,CPP Chhak,P.O.Kulad,Dist.Angul,Odisha- 759145.
________________________________________________Opp. parties
For the complainant :- Sri N.K.Sahoo & associates(Advs.).
For the opp.party No.1,5,6:-Sri P.K.Daas & associates(Advs.)
For the opp.party No.2 & 3 :- Sri B.C.Pradhan & associates (Advs).
For the opp.party No.4 :- Sri J.N.Mishra & associates(Advs.)
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The complainant has filed this case with prayer to direct the opp.parties to handover the repaired car or in alternate pay the insured claim of Rs. 7,66,917.00 along with interest and compensation for harassment and mental agony and litigation charges.
2. The petitioner’s case in brief is that :-
The Maruti Suzuki Ciaz Car No.OD-02-Z 3009 of the complainant met with an accident on 15.7.2017 during valid Insurance period. After accident the complainant intimated the police and the Insurance company. The Opp.party Nos.1 & 5 brought the damaged car to their workshop for necessary repair and assessment of loss. Awaiting the insurance settlement the vehicle parked in the workshop and after some days on 17.1.2018 opp.party Nos.1 & 5 illegally demanded and collected Rs. 12,000.0 towards parking charge and estimation charges. So being harassed the complainant has filed this case on 06.03.2018.
3. Opp.party Nos.1,5 and 6 have filed joint written version and opp.party No.2,3 & 4 have filed separate written versions with prayer to dismiss the case as not maintainable and without any merit.
4. Though the complainant has demanded interest from opp.party No.4 for delayed settlement of insurance claim but no where he has mentioned the date as to when he submitted the claim form before the opp.party No.4.Further, the written argument of opp.party No.4 reveals that the complainant singed on the claim form on 29.07.2017 and informed the opp.party No.4 about the accident on 25.8.2017 and the delay in making the payment was caused as because the complainant did not supply the cancelled cheque for payment purpose in NEFT. However opp.party No.4 has further mentioned that the complainant did not supply the police paper in respect of the accident for which opp.party No.4 collected the same through his agent and in such procedure same delay was caused. This is a matter of claim on “Total loss” basis ,for which opp.party No.4 deputed surveyors repeatedly for proper assessment for which the delay has been caused . Opp.party No.4 has given reasonable explanation for the delay for which in our holistic and considered view it cannot be held that opp.party No.4 intentionally made the delay .So he is not liable to pay interest or compensation.
After filing of this case the complainant received Rs. 6,80,000.00 from opp.party No.4 against his insurance claim on Total loss basis. Opp.party No.4 deducted Rs. 86,917.00 for “salvage” i.e the cost of the damaged vehicle and it has been assessed as per surveyors report. The damaged vehicle was under opp.party No.1 and 5 and they had taken it to the workshop .So they should return the damaged vehicle or its cost to the complainant but it is alleged that they have not done so. The opp.party Nos.1 & 5 have submitted the gate pass in connection of the impugned damaged vehicle dt. 16.1.2018 claiming that the damaged vehicle was handover to the complainant on 16.1.2018.This forum is astonished and unable to visualise any cogent reason as to when the insurance payment was made to the complainant after 06.03.2018 i.e after filing of this case, how the opp.party Nos.1 and 5 could know the value of the damaged vehicle and handed over it on 16.1.2018 .Also the said gate Pass is in the name of one Milan Kumar Sahoo who is in no way connected with this case or with the complainant. Thus, opp.party Nos. 1 and 5 fatally failed to prove that they have handed over the damaged vehicle to the complainant which was admittedly in their possession. Therefore, opp.party Nos.1 and 5 shall pay the cost of the damaged vehicle i.e the salvage amount of Rs. 86,917.00 to the complainant with interest. Also opp.party Nos.1 and 5 shall give the cost of litigation to the complainant. Admittedly opp.party No.4 has made payment of Rs.6,80,000.00 after deducting the salvage amount of Rs.86,917.00 only.
The undisputed fact is that opp.party No.4 company has tie-up with opp.party Nos.1 and 5 for repairing of damaged vehicle insured under opp.party No.4 on cashless basis. Since complainant was to get repairing facility of his insured damaged vehicle by opp.party No.1 in cashless basis and opp.party No.1 was to recover the charges from opp.party No.4, opp.party No.1 could have levied the parking charges of Rs. 12,000.00 from opp.party No.4 (Insurance company) but opp.party Nos.1 and 5 forcibly and wrongfully collected the same from the complainant. So opp.party Nos.1 & 5 should return Rs. 12,000.00 to the complainant along with 8% yearly compoundable interest till actual payment is made from the date of taking Rs.12,000.00.
7. Hence the order :-
: O R D E R :
The case is disposed of on contest against all the opp.parties.
Opp.party Nos.1 and 5 shall pay Rs.12,000.00 (Rupees Twelve Thousand) to the complainant with 8% yearly compoundable interest from the date of receiving Rs. 12,000.00 (Rupees Twelve Thousand) till actual payment is made .Also they shall pay Rs.86,917.00(Rupees Eighty-Six thousand Nine Hundred Seventeen) i.e salvage amount to the complainant with 8 % yearly compoundable interest from the date of filing of this case i.e from 06.03.2018 till actual payment is made. Further, the opp.party Nos.1 and 5 shall pay Rs.5,000.00 (Rupees Five Thousand) towards cost of litigation. All the above payments shall be made within 45 (Forty-Five) days of this order and opp.party Nos. 1 & 5 are jointly and severally liable to make the payment.
Judgement delivered in the open forum today the 28th August,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri K.K.Mohanty )
Member. Sd/-
(Smt.S.Mallick),
Member.
