BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL

Present: Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member President (FAC)

And

     Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Monday the 10^TH day of June, 2013

C.C.No.109/2012

Between:

S.Ramakrishna Reddy, S/o S.Narapa Reddy,

R/o D.No.10/903/4/2, A.V.R. Taklies Road, Koilkuntla - 518 134,Kurnool District.                                  

…Complainant

                                                    -Vs-      

   M/s United India Insurance Company Limited,Represented by its Branch Manager,

   P.B.No.1-415-B,  N.K. Road, Nandyal - 518 501,Kurnool District.                               

                                ...Opposite Party

This complaint is coming on this day for orders in the presence of Sri.A.Prabhakar Reddy, Advocate for complainant and Sri.I.Anantha Rama Sastry, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

                                       ORDER

(As per Sri. M.Krishna Reddy, Male Member President (FAC)) 

C.C. No.109/2012

1.     The complainant filed this case against opposite party under section 12 of C.P. Act, 1986 seeking a direct ion on opposite party for the payment of :-

1. Damages of Rs.1,98,810/- with interest at 18% per annum from 07-05-2011

1. Rs.10,000/- as compensation for mental agony

1. Cost of the complaint

2.    The case of the complainant in that his vehicle bearing No.AP21 AB 4678 was insured with opposite party under the policy bearing No.051102/31/10/01/000000309 for the period from 22-05-2010 to 21-05-2011.  The vehicle was badly damages in the accident on 07-02-2011 at 8.00P.M. On intimation from the complainant about the accident, opposite party deputed a surveyor who assessed the loss to Rs.2,10,091/-, though actual expenditure incurred for repairs was Rs.3,56,510/- at M.G.B. Work Shop, Anantapur.  After Six months time opposite party settle the claim at Rs.1,57,700/- unilaterally giving no reason.  Aggrieved by the decision of opposite party, this complainant is filed by the complainant praying appropriate reliefs.

3.     Persuent to the notice of this Forum, opposite party denied his liability to the complainants claim in his written version.  Opposite party averred that the accident occurred due to gross negligence of the driver.  He deputed a surveyor immediately to assess the loss on the spot.    Another surveyor was also sent for re-inspection of the vehicle and to submit final loss assessment report.  After getting approval from Divisional Office, he issued a cheque for Rs.1,57,700/- at 27-10-2011 of lng Vysya Bank towards full and final settlement.  Opposite party submitted that he followed guidelines from his superiors and the settlement is not unilateral.  Hence it is prayed for the dismissal of case as there is no deficiency of service on his part.

4.     The complainant and opposite party filed their sworn affidavits.   Ex.A1 to A6 are marked by the complainant to support his case. No documents are marked from opposite party side.

5.     Both parties filed their written arguments and submitted their oral arguments.

6.     Hence the points that arise for consideration are

1. Whether the complainant proved deficiency on the part of Opposite Party?

1. Whether the complainant is entitled for any relief?
2. To what relief?

7.      POINTS i and ii:- Admittedly the complainant vehicle bearing No.AP21 AB 4678 insured with opposite party under comprehensive policy bearing No.051102/31/10/01/000000309 fell in a ditch and met with an accident on 07-02-2011 at 8.00 P.M.  The policy was in force on the date of accident.  The vehicle was badly damaged.  Ex.A1 is the photo copy of F.I.R. in Crime No.10/2011 of Koilkuntla Police Station dated 07-02-2011.  Ex.A2 is the photo copy of Insurance Policy covering the risk comprehensively.  The vehicle was repaired at M.G.B. Mobiles Show Room.  Ex.A4 is invoice of credit sales for Rs.3,51,000/- plus Rs.5,510=00.  Ex.A6 is receipt issued by M.G.B. Mobiles for Rs.3,56,510/- in full settlement against credit sales.   The damages vehicle before getting repaired was inspected by spot surveyor and final surveyor appointed by opposite party.  Final surveyor assessed the damage to Rs.2,11,091/-  out of which Rs.1,000/- towards policy excess and Rs.12,000/- of salvage value are to be subtracted.  The net loss assessed is for Rs.1,98,091/- (2,11,091/- - (1,000/- + 12,000/-) ).  Ex.A5 is surveyor’s report sent to the complainant by opposite party.  Ex.A3 is letter sent to the complainant settling the claim in full and final enclosing the Cheque bearing No.100863 dated 27-10-2011 for Rs.1,57,700/-.  The opposite party did not explain how he settled the claim in full and final for Rs.1,57,700/- though the final surveyor assessed net loss to Rs.1,98,091/-.  The settlement of claim ignoring surveyors report by opposite party appears to be unilateral.  In view of what is stated above the action of opposite party in claim settlement is not justified establishing deficiency of service on him.  The complainant is entitled for relief.

8.      Point No.iii:- The complainant claimed Rs.1,98,810/- with 24percent per annum interest from 07-05-2011.  The complainant according to surveyor’s report is eligible to receive Rs.1,98,091/- out of which he received Rs.1,57,700/- on 27-10-2011. The difference of amount of (1,98,091/- - 1,57,700/-) Rs.40,391/- which is due to the complainant from opposite party is granted for payment with 12percent per annum interest from 27-10-2011.  Rs.5,000/- is sanctioned as compensation for causing mental agony.

9.     In the result, the complaint is allowed partly directing opposite party to pay Rs.40,391/- with interest at 12percent per annum from 27-10-2011.  For mental agony Rs.5,000/- is granted.  Cost of the case is Rs.1,000/-.  Time for compliance is one month from the date of receipt of this order.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 10^th day of June, 2013.

Sd/-                                                                                   Sd/-

LADY MEMBER                                                                    PRESIDENT (FAC)

      APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill            For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of F.I.R in Crime No.10/2011 of Koilkuntla P.S.

                Kurnool District dated 07-02-2011.

Ex.A2                Photo copy of Policy bearing No.051102/31/10/01/00000309.

Ex.A3                Photo copy of Letter addressed to the complainant settling the

                claim dated 27-10-2011.

Ex.A4                Photo copy of Estimate furnished by M.G.B. Mobiles

Ex.A5                Photo copy of Letter dated 19-01-2012 along with Final

                Survey Report of Motor Insurance Surveyor and Loss Assessor

                dated 11-04-2011.

Ex.A6                Photo copy of Receipt issued by M.G.B. Mobiles for

                Rs.3,56,510/- dated 09-06-2011.

List of exhibits marked for the opposite party :- NILL

Sd/-                                                                           Sd/-

LADY MEMBER                                                            PRESIDENT (FAC)    

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

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