BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD.

F.A.No.371/2009 against C.C.No.111/2008, DISTRICT FORUM-II, TIRUPATI

Between

Kancherla Chengalraya Naidu,

S/o.Krishnama Naidu,

Aged 53 yrs., R/o.Mittameeda Kandriga ,

(M.M.Kandriga), Panakam Post,

Tirupati Rural Mandal, Chittoor Dist.                                                                                    1.M/s. Reliance General Insurance Co. Ltd.,

  ndD.R.Mahal Road,

2. M/s. Reliance General Insurance Co. Ltd.,

   Naigaum Cross Road,

       Counsel for the Appellant

Counsel for the Respondents  

QUORUM:THE HON’BLE JUSTICE SRI D.APPA RAO, PRESIDENT

                                               WEDNESDAY, THE THIRTEENTH DAY OF             

                                        authorized dealer.               

 Opposite party filed counter              Hyderabad                   

It is opposite party’s case that as on the date of alleged accident   

Ex.A2     for Rs.300/- vide challan no.852402 in book no.17049 dt.1.5.08. Ex.A5         and therefore the incident did not take place on 30.4.08. On the other hand the complainant himself filed as part of Ex.A7 the letter addressed by Gold Fields , authorized dealers , dt.3.5.08 stating that as per the complainant’s request they are adjusting sum of Rs.49,000/- paid by the complainant for the purpose of requirement of 03.cu.mt. bucket and oils. Merely because the complainant had given an amount of Rs.49,000/- for purchase of 03.cu.mt. bucket and oils on 19.4.08, it cannot be construed that the accident took place prior to 30.4.08. We are of the considered view that the appellant/complainant was able to establish his case that the accident took place on 30.4.2008 vide Exs.A4 the Police Certificate, Ex.A5 receipt for Rs.300/- and         

“1. Front W/s glass broken and rubber beading damaged

assy transmission received impact and to be 

7. Pivot pin cut off and track rod received impact.

8. All other parts were found safe.

The extent of damages corroborates with the cause and nature of accident”. 

 The aforementioned report read along with invoices was raised by the authorized dealer evidences that the repairs have been done for the damage incurred. However amounts towards coolants, engine oil, labour charges towards cleaning and refitting are being disallowed. We are of the considered view that the complainant is entitled to   

In the result this appeal is allowed and order of the Dist Forum is set aside and consequently the complaint is allowed in part directing opposite parties to pay an amount of Rs.1,50,000/- together with interest at 9% p.a. from 1.8.2008 

                                                                       Pm*