IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.
C.C.No.203/2022
Prasanna Kumar Parhi,
S/O:LateRamendra Kumar Parhi,
Residing at Plot No.2B/925/2,
Sector-9,CDA,P.O:Avinab Bidanasi,
P.S:Markatnagar,Dist:Cuttack,Odisha. ... Complainant.
Vrs.
- The New India Assurance Co. Ltd.,
Represented through its Managing Director,
Head Office At:87,M.G.Road,Fort,Mumbai-400001.,
- Chief Regional Manager(CRM),
The New India Assurance Co. Ltd.,
Bhubaneswar Regional Office At:Alok Bharati Towers,
1st floor,Saheed Nagar,Bhubaneswar-751007
- Divisional Manager,
The New India Assurance Co. Ltd.,
Division Office At:BadambadiKathajodi Road,
Badambadi,Dist-Cuttack.
- Director,Durgesh Motors Pvt. Ltd.,
Authorized Skoda Service Centre,
Cuttack,At:Khata No.985/122,Plot No.747/3160,
Pratap Nagari,P.O:Bhanpur,N.H-5,
Dist:Cuttack,Odisha,PIN-753011 ....Opp. Parties.
Present: Sri Debasish Nayak,President.
Sri SibanandaMohanty,Member.
Date of filing: 27.09.2022
Date of Order: 28.06.2023
For the complainant: Mr. A.K.Sahu,Adv. & Associates.
For the O.Ps : None.
Sri Debasish Nayak,President.
Case of the complainant as made out from the complaint petition in short is thatthe complainant had purchased a Skoda Rapid Car bearing Regd. No.OD-05-M0600,Chassis No.TMBBLGNA6EG015188,Engine No.CLN279844 which was insured with the O.P vide insurance policy no.55030031210100004153 and was effective from 15.1.2022 upto 14.1.2023. The said vehicle had met with an accident on 17.4.2022 as because a bull suddenly rushed to the front of it and dashed it thereby causing severe damage to the car at C.D.A of Cuttack. The matter was reported to the O.Ps who were the insurers of the said vehicle since because the policy was effective then. The surveyor had estimated the loss and the repair work was started at the authorised service centre of Skoda. After 30 days, O.P no.4 intimated the complainant that the vehicle is ready for delivery and a sum of Rs.99,289.57p is required for release of the said vehicle. Again on 13.5.2022 O.P no.4 supplied a final invoice of Rs.99,288.57p towards the repair of the Skoda car of the complainant. The complainant was in dire need of the vehicle for which he under protest had paid the said amount with a hope that the said amount will be reimbursed by the insurer within seven days and thus had submitted his original money receipt as granted by Skoda Authorised Service centre dated 13.5.2022 for its reimbursement. To the dismay of the complainant, O.P no.3 had intimated the complainant that the claim was settled for an amount of Rs.34,700/- only. According to the complainant, the insured declared value of the car as per the policy on 15.1.2022 was of Rs.4,50,000/- with a premium of Rs.12,956/- which he had duly paid on 12.1.2022 and it was valid till the midnight of 14.1.2023. Thus, being disheartened and dissatisfied, the complainant has come up with this case against all the O.Ps claiming refund of the accidental claim amount of Rs.99,289.57p, an amount of Rs.10,000/- towards travelling, miscellaneous expenses, further, compensation of Rs.6,00,000/- towards his mental agony and harassment, a sum of Rs.3,00,000/- towards his financial loss incurred by hiring private vehicles and also further the cost of Rs,50,000/- towards his litigation expenses from the O.Ps.
Together with his complaint petition, the complainant has filed copies of several documents as regards to his claim made in this case.
2. Having not preferred to contest this case, the O.Ps were set exparte vide order dt.27.12.2022.
3. The points for determination in this case are as follows:
i. Whether the case of the complainant is maintainable?
ii. Whether there was any deficiency in service on the part of the O.Ps ?
iii. Whether the complainant is entitled to the reliefs as claimed by him?
Point no.ii.
Out of the three points, point no.ii being the pertinent one, is taken up first for consideration here in this case.
From the unchallenged averments as made by the complainant in his complaint petition coupled with the copies of documents annexed to his complaint petition, it is noticed that indeed the complainant had availed the insurance policy which was effective from 15.1.2022 to 14.1.2023. The accident took place on 17.4.2022 at C.D.A near Sakuntala Palace. That is to say, it was well within the coverage period of the insurance policy of the vehicle of the complainant. The copies of details of the bills as submitted and the tax invoice at page-27 reflects the payment of Rs.99,289/- towards the repairing cost of the said car of the complainant and Annexure-6is the legal notice as sent by the complainant in the capacity of an advocate to the O.Ps. The O.Ps inspite of getting the said legal notice and also inspite of getting notice from this Commission had remained indifferent and had thought it proper not to contest this case. Thus, this Commission arrives at a conclusion that the O.Ps no.1,2 & 3 are found to be deficient in their services by not responding to the claim of the complainant which was duly made by him. This point thus tilts in favour of the complainant.
Points no.i& iii.
From the discussions as made above, the case of the complainant is maintainable and complainant is thus entitled to the reliefs as claimed by him. Hence it is so ordered;
ORDER
The case is allowed exparte against the O.Ps. The O.Ps no.1,2 & 3 are directed to pay Rs.99,289.57p to the complainant towards the repairing cost of his car as incurred and paid by him. The O.Ps no.1,2 & 3 are also directed to pay the complainant a sum of Rs.3,00,000/- towards compensation for the mental agony and harassment of the complainant alongwith another sum of Rs.50,000/- towards his litigation expenses. This order is to be carried out within a period of 30 days from the date of receipt of this order.
Order pronounced in the open court on the 28th day of June,2023 under the seal and signature of this Commission.
Sri Debasish Nayak
President
Sri Sibananda Mohanty
Member
