IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

            DATED THIS THE 22^TH  DAY OF January 2016

Present: -        Smt. G.Vasanthakumari, President

Adv. Ravisusha, Member

Adv.M.Praveen Kumar, Member

          CC.No.3172015

Victoria.S                                                                     :                                 Complainant

W/o Paul Martin.A

Residing at Santhi Nivas

Mukkad Nagar 67

Kavanad P.O, Kollam - 691003

[By Adv. K.M.Anil Kumar, Kollam]

V/S

            1.         The Managing Director                    :                                   Opposite parties

Royal Sundaram Alliance Insurance Company Ltd.

                        Vishranthimelaram Tower

                        No.2/319, Rajiv Gandhi Salai (OMR)

                        Karopakka

                        Chennai – 600097

            2.         Branch Manager

                        Royal Sundaram Alliance Insurance Company Ltd.

                        Amritha Towers, 2^nd Floor, Opposite Maharaja

                        M.G. Road, Cochin

            3.         Indus Motors Company Pvt.Ltd.

                        Represented by Manager

                        Lijos Archade, Opposite Indian Oil Pump

                        Kavanad

                        Kollam – 691003

            4.         Hercules Auto Mobiles International Pvt.Ltd

                        Opposite Udaya Studio, Pathirappally

                        Alappuzha

                        [By Adv.C.Parameswaran (Kalleli), Alappuzha)

ORDER

ADV. RAVISUSHA, MEMBER

            The complainant is a consumer as defined  in the Consumer Protection Act, and she is the registered owner of 2014 Model Maruti Suzuki Wagon R LXI bs4 bearing Register No.KL02 AT 3868, which has been insured with 1^st opposite party and taken from its branch at Cochin ie

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2^nd opposite party vide package policy (Private vehicle) Number MOP 2504279000100 on 10/9/2014 and the period of insurance commence from 10/09/2014 to midnight 09/09/2015.

            The above said policy is covered zero depreciation premium and at the time of issuing the insurance certificate an amount of Rs.2,648/- is also remitted to the insurance policy and this coverage is mentioned in the schedule of premium in zero depreciation premium clause as added and a total Rs..16,026/- (Rupees Sixteen Thousand and Twenty six Only) is paid as premium by the complainant.  The 1^st opposite party is a insurance company dealing with various insurance products including vehicle insurance throughout India and 2^nd opposite party is a branch of the 1^st opposite party  running their branch at Cochin, Kerala .3^rd opposite party is a authorized dealer of Maruthi Vehicle namely Indus Motors Company Pvt.Ltd.  4^th opposite party is a service company namely Hercules Auto Mobiles International (P)Ltd. Having office at opposite Udaya Studio, Pathirappally, Alappuzha of known as authorized Service dealer of Maruthi.

            The complainant give the vehicle to his friends Christon and Nebin for going to Ernakulam . While travelling Kollam to Ernakulam the vehicle met with an accident at Kalavoor, Near Alappuzha on 13/07/2015 at about 8.45 am. The accident took place when they applied break to avoid colliding with a motor bike that came in the opposite direction with a rash and negligent manner. The driver of the complainant vehicle applied sudden break and at that time the control over the vehicle was lost thereby the car over turned and hit in a parked Wagon-R car bearing Reg.No.KL 04 Y 4901 due to this collision the said car was  also sustained damages. The person who driven the vehicle namely Chrison and another sustained minor injuries and immediately after the accident they were admitted in nearby Govt.Hospital, Alappuzha and after taking first aid they discharged from the hospital.  The complainant vehicle sustained serious damages. The General Hospital issued Accident Registered cum Wound Certificate vide Serial Nos.1958,1959. The Traffic Police noted the accident in their G.D. entry page No.06 on 15/07/2015 as the vehicle bearing Reg.No.KL-02-AT 3868 Wagon R and KL-04-Y-4901 Maruti Wagon –R- Car were accidently hit mutually at Thalavoor Apappuzha on 13/07/2015 at 8.45 hrs and caused damages to the Maruti Wagon –R-car bearing Reg.No.KL-02-AT-3868.

            After the accident complainant vehicle was shifted to the workshop of 4^th opposite party ie, the Authorized Maruti Service dealer for repairing the vehicle. On 15/07/2015 the service manager  inspected the vehicle  and prepared a service estimate for Rs.2,79,937/-  (Rupees Two

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Lakhs Seventy Nine Thousand Nine Hundred and Thirty Seven only). Then complainant issued a claim report on 23^rd July 2015 along with service estimate and GD entry to the 1^st opposite party. After receiving the claim report the 1^st opposite party replied with claim No.PM00129278 on 14/09/2015 to the complainant that they observed some facts and knowing from News paper that Christon who driven the car was under the influence of liquor at the time of accident and the GD entry was noted only on 15/07/2015 and requested to complainant to submit F.I.R copy to enable them to process the claim for further proceedings. But as against this the complainant replied on 2^nd   October 2015 that Mr.Christon who driven the car was not being drunk, no serious injury were found to the passengers at the time of accident, no FIR was lodged, only the vehicle were seriously damaged the GD entry is sufficient to claim before the 1^st opposite party authorities, and also complainant replied that 1^st opposite party were believing the facts reported in the news paper rather than the information in the police authorities or other reliable sources. So it is found from 1^st opposite party letter that they are trying to deny the claim for delaying tactics and the complainant warns that she will be forced to initiate other opinions or other proceedings.

            There is no evidence from the wound certificate that any smell of alcohol or any intoxicative drugs were used by the passengers or driver at the time of using the vehicle when the same persons admitted to the hospital for observation. 1^st opposite party willfully denying the right of the complainant claim. The duty of the 1^st opposite party is to ensure the rights of the parties ie insured vehicle.  Due to the above delay caused in settling the claim the complainant sustaining heavy financial loss.  After the accident the complainant vehicle shifted to the 4^th opposite party ie Hercules Auto Mobiles International Pvt.Ltd, Alappuzha who is authorized dealer in Maruthi. The 4^th opposite party demanded to the complainant to take the complainant vehicle from garage with in a stipulated time and they demanded garage rent and 2% of estimation charge for keeping the complainant vehicle. All these things were happened due to 1^st opposite party’s inadequacy of the service and inordinate delay in settling the complainant claim. Thus 1^st opposite party made grave deficiency in service and unfair trade practice caused immense mental agony to the complainant which cannot equated in terms of money.

            The 4^th opposite party to now demanding Rs.34,599/- from the complainant as garage rent for which the vehicle is kept in the custody of 4^th opposite party. It is not the complainant fault for delaying to return back the vehicle from 4^th opposite party. Hence the complainant is not

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liable to pay the 4^th opposite party’s claim.  The 1^st opposite party is liable to pay the 4^th opposite parties claim. For getting the entire relief, the complainant filed this complaint.

(1). Whether there is any deficiency in service on the part of the opposite party?

 (2). Reliefs and costs?

The evidence in this case consists of chief affidavit of the complainant and 15 documents The documents were marked as Exts P.1 to P.15.

The Points:- The complainant filed this case for getting direction against opposite party 1 to pay an amount of Rs.3,77,256/- to her as insurance coverage of the vehicle and to give Rs.34599/- to 4^th opposite party as garage rent of the vehicle along with compensation and cost.

            After receiving notice from the Forum opposite parties 1 and 2 not appeared. Hence opposite parties 1 and 2 were set exparte. Opposite parties 3 and 4 appeared. Since complainant filed petition to delete opposite parties 3 and 4 from the party array, both opposite parties 3 and 4 were removed from the party array. As opposite parties 1 and 2 are exparte, the case is posted for exparte evidence. The complainant filed chief affidavit and 15 documents. The documents were marked as Exts P1 to P15. Since the opposite parties 1 and 2 did not adduce any evidence, we are constrained to rely upon the evidence of the complainant. On perusing the documents Exts.P1 to P15, we cannot find out any document to show that the vehicle became totally damaged. Ext.P1 shows that the vehicle has valid insurance coverage on the accident date. Ext.P7 the service estimate shows that the net estimate amounts for repairing the vehicle including labour charge is Rs.2,79,937.14 .Ext.P3 and P4 (Wound certificates) shows that the passenger or driver of the vehicle at the time of accident was not intoxicating liquor.  On considering the complaint, the chief affidavit and documents we are of the view that the act of the opposite parties 1 and 2 in denying the claim preferred by the complainant without valid ground is unfair trade practice and deficiency in service. Hence the complainant is entitled to get relief.

            In the result, the complaint is allowed in part. Opposite parties 1 and 2 are directed to give Rs.2,79,937.14 to the complainant as total repairing expenses. Opposite parties 1 and 2 are further directed to  give Rs.34599/- to 4^th opposite party as garage rent of the vehicle and Rs.5000/- as compensation and Rs.2500/- as cost to the proceedings to the complainant. The order is to be complied with within one month from the date of receipt of this order. Failing which the complainant is entitled to get Rs.2,79,937.14 with 9% interest till realization of the amounts.

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Dated this the 22^th  day of January 2016.                                                                                                                                                                  

  G.VASANTHAKUMARI:Sd/-

 ADV.RAVISUSHA: Sd/-

ADV.M.PRAVEENKUMAR:Sd/-

Forwarded/by Order

Senior Superintendent

I N D E X

Ext.P.1:- Maruti Insurance’s Certificate cum policy schedule

Ext.P.2:-Copy of R C book

Ext.P.3:- Accident Register -cum -wound certificate from General Hospital, Alappuzha

 Ext.P.4:- Accident Register -cum -wound certificate from General Hospital, Alappuzha

Ext.P.5:-Letter dated 13/07/2015

Ext.P.6:-GD entry certificate dated 15/07/2015

Ext.P.7:-Service estimate

Ext.P.8:-Letter dated 14/09/2015

Ext.P.9:-Letter dated 02/10/2015

Ext.P.10:-Letter dated 05/10/2015

Ext.P.11:-Letter dated 03/11/2015

Ext.P.12:-Letter

Ext.P.13:-Letter dated 13/08/2015

Ext.P.14:-Letter dated 16/09/2015

Ext.P.15:-Letter dated 18/11/2015