BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 31st DECEMBER 2015
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMMON ORDER IN
C.C.Nos. 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21, & 22/2015
CC.No.1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19, 20,21, & 22/2015
(Admitted on 09.01.2015)
M/s Karnataka State Road
Transport Corporation,
Represented by its Divisional Controller,
Mangalore Division, Bejai, Mangaluru,
Dakshina Kannada District.
…… COMPLAINANT
(Advocate for complainant by Sri K.P.A Shukoor.) (CC 1 to 22/15)
VERSUS
M/s United India Insurance Co. Ltd.,
Represented by its Divisional Manager,
Divisional Office 4, 2nd floor,
19.9.1, South end Road,
Basavanagudi, Bangalore 4
and also at Divisional office at
Rambhavan Complex,
Kodialbail, Mangalor .
…… OPPOSITE PARTY
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 1/15)
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 2/15)
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 3/15)
(Advocate for opposite party by Sri Sri Anil Kumar K.) (CC 4/15)
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 5/15)
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 6/15)
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 7/15)
(Advocate for opposite party by Sri Diwakar Bangera.) (CC 8/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC 9/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC10/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC11/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC12/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC13/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC14/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC15/15)
(Advocate for opposite party by Sri Kamalaksha P.) (CC16/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC17/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC18/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC19/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC20/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC21/15)
(Advocate for opposite party by Sri Anil Kumar K.) (CC22/15)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY:
I. 1. All the complainants filed the above complaints under Section 12 of the Consumer Protection Act alleging deficiency in service against the Opposite Party claiming similar reliefs. In order to save the time as well as for the sake of convenience we have taken up all the cases together and passed common order as under:-
The brief facts of the case are as under:
The complainant in C.C.Nos.1 to 22/2015 stated as under:
CC 1/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 FA 2154. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00000984 and the same was valid from 14.5.2010 to 13.5.2011 for a sum of Rs. 58,00,000/met with an accident on 21.09.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs.15,624/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 2/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8045. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00002389 and the same was valid from 13.07.2010 to 12.07.2011 for a sum of Rs. 34,00,000/ met with an accident on 02.09.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 51,591/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 3/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8331. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00003055 and the same was valid from 17.08.2009 to 16.08.2010 for a sum of Rs. 43,00,000/ met with an accident on 01.06.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 79,491/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 4/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8047. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070800/31/11/01/00003486 and the same was valid from 13.07.2011 to 12.07.2012 for a sum of Rs. 31,00,000/ met with an accident on 25.06.2012. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 46,940/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 5/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8288. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00000688 and the same was valid from 05.05.2010 to 04.05.2011 for a sum of Rs. 38,00,000/ met with an accident on 20.11.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 31,277/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 6/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8448. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/09/01/00004999 and the same was valid from 27.11.2009 to 26.11.2010 for a sum of Rs. 50,00,000/ met with an accident on 12.07.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 31,277/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 7/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 9195. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00007412 and the same was valid from 29.3.2011 to 28.3.2012 for a sum of Rs. 86,00,000/ met with an accident on 17.10.2011. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 15,480/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim
CC 8/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 4939. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/09/01/00005695 and the same was valid from 22.12.2009 to 21.12.2010 for a sum of Rs. 67,00,000/ met with an accident on 23.08.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 37,657/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 9/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8304. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00000687 and the same was valid from 09.05.2010 to 08.05.2011 for a sum of Rs. 38,00,000/ met with an accident on 15.05.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 31,277/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 10/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 4899. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/09/01/00005362 and the same was valid from 05.12.2009 to 04.12.2010 for a sum of Rs. 67,00,000/ met with an accident on 02.05.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 37,657/ Thereafter it is has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 11/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 9197. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/10/01/00007410 and the same was valid from 29.3.2011 to 28.3.2012 for a sum of Rs. 86,00,000/ met with an accident on 07.05.2011. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 44,544/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 12/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 9055. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070800/31/11/01/00003800 and the same was valid from 30.07.2011 to 29.07.2012 for a sum of Rs. 61,00,000/ met with an accident on 24.04.2012. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 39,057/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 13/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 4900. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/09/01/00005361 and the same was valid from 05.12.2009 to 04.12.2010 for a sum of Rs. 67,00,000/ met with an accident on 23.08.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 35,577/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 14/2015:-
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8449. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/09/01/00005000 and the same was valid from 27.11.2009 to 26.11.2010 for a sum of Rs. 50,00,000/ met with an accident on 18.10.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 56,541/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 15/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8449. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/09/01/00005000 and the same was valid from 27.11.2009 to 26.11.2010 for a sum of Rs. 50,00,000/ met with an accident on 26.08.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 56,707/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 16/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA 01 F 8442. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00004640 and the same was valid from 19.11.2010 to 18.11.2011 for a sum of Rs. 45,00,000/ met with an accident on 08.04.2011. In the in the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 1,72,255/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 17/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA.1 F 8044. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00002388 and the same was valid from 13.07.2010 to 12.07.2011 for a sum of Rs. 34,00,000/ met with an accident on 18.08.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 75,228/ Thereafter, it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 18/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA.1 F 8002. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00001036 and the same was valid from 25.05.2010 to 24.05.2011 for a sum of Rs. 38,00,000/ met with an accident on 04.10.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 44,986/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 19/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA.1 F 4572. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00003431 and the same was valid from 16.09.2010 to 15.09.2011 for a sum of Rs. 61,00,000/ met with an accident on 01.10.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 53,377/ Thereafter, it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 20/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA.1 F 9056. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070800/31/11/01/00003802 and the same was valid from 30.07.2011 to 28.07.2012 for a sum of Rs. 61,00,000/- met with an accident on 02.05.2012. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 6,19,322/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 21/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA.1 F 9055. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070800/31/11/01/00003800 and the same was valid from 30.07.2011 to 29.07.2012 for a sum of Rs. 61,00,000/ met with an accident on 01.10.2010. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 8,55,757/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
CC 22/2015:
The complainant is the registered owner of the Volvo Bus registration No. KA.1 F 4576. The above said vehicle was insured with the Opposite Party under package insurance policy bearing No: 070400/31/10/01/00003432 and the same was valid from 16.09.2010 to 15.09.2011 for a sum of Rs. 61,00,000/ met with an accident on 22.07.2011. In the result the said vehicle sustained damage. And thereafter the vehicle was taken to service center at Divisional work shop KSRTC. In order to repair the vehicle the complainant spent a sum of Rs. 6,54,372/ Thereafter it has been reported to Opposite Party to reimburse the insurance claim. The Opposite Party till date not repudiated the claim nor settled the claim.
It is stated that, all the complaints are filed against the opposite party i.e United Indian Insurance company and contended that, the service rendered by the opposite party company amounts to deficiency in service and hence the above complaints are filed before this Forum under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act) seeking direction from this Forum to the Opposite Party to reimburse insurance claim under the policy along with compensation and cost of the proceedings.
II. 1. Version notice served to the Opposite Party. The opposite party represented by several counsels filed similar version. In the version it is contended that complainants are not a consumer and the complaints are barred by limitation as the cause of action arose beyond 2 years. And further contended that, the cause of action some of the cases arose beyond jurisdiction of this FORA. It is stated that the complainant has failed to submit necessary documents including the estimate of the repair from authorized repair. Further stated that, in case of any liabilities subject to the deprecation value of the above vehicles and sought for dismissal of the complaints.
III. 1. In support of the above complaints, all the respective Complainants are examined as CW and produced documents got marked under the Ex.C series detailed in the annexure here below.
In view of the above said facts, the points now that arise for our consideration in this case are as under:-
Whether the complainant’s are consumer and the complaints are barred by law of limitation.
Whether the Complainants proved that the Opposite Parties committed deficiency in service?
If so, whether the Complainants are entitled for the reliefs claimed?
What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No.(i) & (ii): Affirmative.
Point No.(iii) & (iv): As per the final order.
REASONS
IV. 1. POINTS No. (i) to (iv):
That, the facts which are admitted is that the above said vehicles involved in the accident are duly insured with the opposite party company under the insurance policy and the same are valid at the time of accident. Further there is no dispute with regard to the accident .
Now the points are in dispute between the parties are that whether the complainant i.e. KSRTC is a consumer and the complaint is barred by section 24 (A) of the Consumer Protection Act.
The complaint means any allegations in writing made by the complainant and any person who buys or avails of any service for a consideration is a consumer. The complainant is a Karnataka State Road Transport Corporation is a consumer U/sec 2(1) (b) of the consumer Protection Act. As per as section 24 (a) is concerned the complainants in all the complaints filed an application for condoning the delay. However it would be seen on record that, the opposite party insurance company not repudiated the claim nor reimbursed the expenditure incurred by the complaints in all the complaints till this date and hence the complaint’s are not barred by section 24 (a) of the Consumer protection Act and hence issue number held infavour of the complainants.
On perusal of the oral as well as documentary evidence available on record, we find that, the subject vehicles i.e. Volvo Busses are in question met with an accident on different dates and thereafter the vehicle was removed from the accident place to the authorized service center in all the cases. Now the contention of the opposite party is that the complainants are not submitted the necessary documents including the estimate of the authorized repairer.
The contention taken by the opposite party is not convincing nor credible because it is the bounded duty of the insurance company to depute a surveyor to assess the damages. The buses involved in the accident are Volvo company buses and no doubt those buses are taken to authorized service center to repair. As we know Volvo Buses cannot be repaired without there being the authorized service center unlike other vehicles. But the main controversy raised by the opposite party is that, the complainant not submitted the required documents. Having heard the submission and on perusal of record it appears that, the moot point is why the insurance company not repudiated the claim till this date if at all the complainant not submitted the required documents. It is evident from the material evidence that was placed before us clearly shows that the opposite party company not bothered to take any steps to reimburse the insurance claim. When the damage was caused due to road accident the insurance company is liable to pay the expenditure under the policy in other words the insurance company is required to take decision within reasonable time. It is not that claims are kept pending for unreasonable time. In case the insurance company is not satisfied then it would have disallowed the claims. We think that, a reasonable time of 3 to 4 months would be justified for them to take a decision whether claim requires to be settled or rejected in accordance with the policy. But in all the cases the opposite party company not taken any measures to settle the claim till now.
Apart from the above, it is seen that, the complainants filed an application and called for the survey report, but the opposite party company failed to submit surveyor report in CC No.1/15, 3/15, 15/15, 16/15, 17/15, 19/2015 till this date. It is however necessary to emphasize that even after giving an opportunity to produce the survey report the opposite party miserably failed to produce survey report. In the absence of the same we hold that, the amount claimed by the complainants supported by bill appears to be genuine in CC No.1/2015 to 22/15. As per the insurance policy the opposite party being a insurance company should have settled the claim by this time. But the opposite party company should not resort to dilatory tactics and seek remedy without any reasonable explanations. As far as CC No. 12/2015 the survey report holds good. There is no discrepancies while assessing the damage by the surveyor.
It is an admitted fact that, the complainant had taken insurance policy and the opposite party should have settle the claim after receipt of the information with regard to the accident. The opposite party company has never taken pain to settle the claim which amounts to deficiency in service and unfair trade practice.
In view of the discussion above, we hold that in CC No. 1/2015 to 22/15 the opposite party company is liable to pay the amount mentioned herein below i.e. In C.C. No.1/2015 Rs.15,624/ (Rupees fifteen thousand six hundred twenty four only), in CC.No.2/2015 Rs.51,591/ (Rupees Fifty one thousand five hundred ninty one only) in CC.No.3/2015 Rs.79,491/ (Rupees Seventy nine thousand four hundred ninty one only) in CC.No.4/2015 Rs. 46,940/ (Rupees Fourty six thousand nine hundred fourty only) in CC.No. 5/2015 Rs.31,277/ (Rupees Thirty one thousand two hundred seventy seven only) in CC.No. 6/2015 Rs.31,277/ (Rupees Thirty one thousand two hundred seventy seven only) in CC.No. 7/2015 Rs.15,480/ (Rupees Fifteen thousand four hundred eighty only) in CC.No. 8/2015 Rs.37,657/ (Rupees Thirty seven thousand six hundred fifty seven only) i.e Ex.C1 to C12, in CC.No. 9/2015 Rs.31,277/ (Rupees Thirty one thousand two hundred seventy seven only) in CC.No. 10/2015 Rs.37,657/ (Rupees Thirty seven thousand six hundred fifty seven only) in CC.No. 11/2015 Rs.44,544/ (Rupees Fourty four thousand five hundred fourty four only) in CC.No. 12/2015 Rs.39,057/ Rupees Thirty nine thousand and fifty seven only) in CC.No. 13/2015 Rs.35,577/ (Rupees Thirty five thousand five hundred seventy seven only) in CC.No. 14/2015 Rs.56,541/ (Rupees Fifty six thousand five hundred fourty one only) in CC.No. 15/2015 Rs.56,707/ (Rupees Fifty six thousand seven hundred and seven only) in CC.No. 16/2015 Rs.1,72,255/ (Rupees One lakh seventy two thousand two hundred fifty five) in CC.No. 17/2015 Rs.75,228/ (Rupees Seventy five thousand two hundred twenty eight only) in CC.No. 18/2015 Rs.44,986/ (Rupees Fourty four thousand nine hundred eighty six only) in CC.No. 19/2015 Rs.53,377/ (Rupees Fifty three thousand three hundred seventy seven only) in CC.No. 20/2015 Rs.6,19,322/ (Rupees Six lakhs nineteen thousand three hundred twenty two only) in CC.No. 21/2015 Rs.8,55,757/ (Rupees eight lakhs fifty five thousand seven hundred fifty seven only) and in CC.No. 22/2015 Rs.6,54,372/ (Rupees Six lakhs fifty four thousand three hundred seventy two only) to the complainant along with interest 9% p.a. and also pay Rs. 2,000/ each towards the cost of proceedings. Payment shall be made within 30 days from the date of this order.
In the result, we pass the following:-
ORDER
The complaints are allowed. The opposite Party i.e. United India Insurance Company shall pay in CC.No.1/2015 Rs.15,624/ (Rupees fifteen thousand six hundred twenty four only), in CC.No.2/2015 Rs.51,591/ (Rupees Fifty one thousand five hundred ninty one only) in CC.No.3/2015 Rs.79,491/ (Rupees Seventy nine thousand four hundred ninty one only) in CC.No.4/2015 Rs. 46,940/ (Rupees Fourty six thousand nine hundred fourty only) in CC.No. 5/2015 Rs.31,277/ (Rupees Thirty one thousand two hundred seventy seven only) in CC.No. 6/2015 Rs.31,277/ (Rupees Thirty one thousand two hundred seventy seven only) in CC.No. 7/2015 Rs.15,480/ (Rupees Fifteen thousand four hundred eighty only) in CC.No. 8/2015 Rs.37,657/ (Rupees Thirty seven thousand six hundred fifty seven only) in CC.No. 9/2015 Rs.31,277/ (Rupees Thirty one thousand two hundred seventy seven only) in CC.No. 10/2015 Rs.37,657/ (Rupees Thirty seven thousand six hundred fifty seven only) in CC.No. 11/2015 Rs.44,544/ (Rupees Fourty four thousand five hundred fourty four only) in CC.No. 12/2015 Rs.39,057/ (Rupees Thirty nine thousand and fifty seven only) in CC.No. 13/2015 Rs.35,577/ (Rupees Thirty five thousand five hundred seventy seven only) in CC.No. 14/2015 Rs.56,541/ (Rupees Fifty six thousand five hundred fourty one only) in CC.No. 15/2015 Rs.56,707/ (Rupees Fifty six thousand seven hundred and seven only) in CC.No. 16/2015 Rs.1,72,255/ (Rupees One lakh seventy two thousand two hundred fifty five) in CC.No. 17/2015 Rs.75,228/ (Rupees Seventy five thousand two hundred twenty eight only) in CC.No. 18/2015 Rs.44,986/ (Rupees Fourty four thousand nine hundred eighty six only) in CC.No. 19/2015 Rs.53,377/ (Rupees Fifty three thousand three hundred seventy seven only) in CC.No. 20/2015 Rs.6,19,322/ (Rupees Six lakhs nineteen thousand three hundred twenty two only) in CC.No. 21/2015 Rs.8,55,757/ (Rupees eight lakhs fifty five thousand seven hundred fifty seven only) and in CC.No. 22/2015 Rs.6,54,372/ (Rupees Six lakhs fifty four thousand three hundred seventy two only) to the complainant along with interest 9% p.a. from the date of complaint till the date of payment and also pay Rs. 2,000/ each towards the cost of proceedings. Payment shall be made within 30 days from the date of this order.
The copy of this order as per the statutory requirements be forwarded to the parties and therefore the file be consigned to record.
(Page No.1 to 28 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31th day of DECEMBER 2015.
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainants:
CW 1 : Sri. T. G. Kempajaneya (CC 1/15 to CC 22/15)
Documents produced on behalf of the Complainant:
In CC.No.1/2015:
Ex C1 : Xerox coy of the FIR along with complaint
dt 21.09.2010.
Ex C2 : Xerox copy of the registration certificate of the Volvo Bus bearing registration No. KA .01.FA.2154.
Ex C3 : Xerox copy of the job card with card No. 40 dated 24.09.2010.
Ex C4 : Xerox copy of the driving license.
Ex C5 : Xerox copy of the Insurance Policy.
Ex C6 : Xerox copy of the Motor Claim Form for Volvo Bus bearing registration No. KA.01.FA.2154 dated 01.10.2010.
Ex C7 : Xerox copy of the quick Claim intimation dated 21.09.2010.
Ex C8 : Xerox copy of the Tax Invoice dated 25.09.2010.
Ex C9 : Office copy of the letter dated 08.10.2010.
Ex C10: Office copy of the letter dated 09.07.2012.
Ex C11: Office copy of the letter dated 21.11.2013.
Ex C12: Office copy of the letter dated 02.01.2014.
Documents produced on behalf of the Complainant:
In CC.No.2/2015:
Ex C1 : Xerox coy of the FIR along with complaint
dt 2.09.2010.
Ex C2 : Xerox copy of the insurance policy.
Ex C3 : Xerox copy of the quick claim intimation form.
Ex C4 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. Kankanady.01.F.8045 dated 13.07.2011.
Ex C5 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo bus bearing registration No, Kankanady 01.F8045.
Ex C6 : Xerox copy of the Tax Invoice dated 20.09.2010.
Ex C7 : Office copy of the letter dated 24.09.2010.
Ex C8 : Xerox copy of the Acknowledgment Card .
Ex C9 : Office copy of the letter dated 13.06.2011.
Ex C10: Office copy of the letter dated 21.11.2013.
Ex C11: Office copy of the letter dated 09.07.2012.
Ex C12: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Copy of the final Surveyors Report .
Ex R2 : Copy of phots 3 in numbers.
Documents produced on behalf of the Complainant:
In CC.No.3/2015:
Ex C1 : Xerox copy of the Insurance policy.
Ex C2 : Xerox copy of the Tax invoice dated 10.06.2010.
Ex C3 : Xerox copy of the Motor claim Form for Volvo bus bearing registration No. KA.01.F.8331 dated 08.06.2010.
Ex C4 : Office copy of the letter dated 04.06.2010.
Ex C5 : Office copy of the letter dated 12.06.2010.
Ex C6 : Office copy of the letter dated 16.06.2010.
Ex C7 : Acknowledgment card dated 25.06.2010.
Ex C8 : Office copy of the letter dated 23.09.2010.
Ex C9 : Office copy of the letter dated 14.11.2013.
Ex C10: Office copy of the letter dated 13.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Copy of the Policy.
Ex R2 : Copy of surveyors report.
Documents produced on behalf of the Complainant:
In CC.No.4/2015:
Ex C1 : Xerox copy of the registration certificate of the K.S.R.T.C Volvo Bus bearing registration No. KA.01.F 8047.
Ex C2 : Xerox copy of the Insurance Policy.
Ex C3 : Xerox copy of the tax invoice dated 03.07.2012.
Ex C4 : Xerox copy of the Motor claim Form for Volvo bus bearing registration No. KA.01.F.8047 dated 02.08.2012.
Ex C5 : Office copy of the 25.08.2012.
Ex C6 : office copy of the letter dated 25.11.2013.
Ex C7 : office copy of the letter dated 31.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Survey Report of Narayana Aithal, Kundapur in respect of Bus bearing Regn No. KA.01F.8047.
Documents produced on behalf of the Complainant:
In CC.No.5/2015:
Ex C1 : Xerox copy of the NCR dated 20.10.2010.
Ex C2 : Xerox copy of the registration certificate of the K.S.R.T.C.Volvo Bus bearing registration No. KA01.F.8288.
Ex C3 : Xerox copy of the Insurance Policy.
Ex C4 : Xerox copy of the Quick Claim Intimation dated 23.11.2010.
Ex C5 : Xerox copy of the motor claim Form for Volvo bus bearing registration No. KA.01.F.8288.
Ex C6 : Xerox copy of the tax Invoice dated 27.08.2010.
Ex C7 : Office copy of the letter dated 26.11.2010.
Ex C8 : Acknowledgment card dated 10.11.2010.
Ex C9 : Office copy of the letter dated 13.06.2011.
Ex C10: Office copy of the letter dated 09.07.2012.
Ex C11: Office copy of the letter dated 09.12.2013.
Ex C12: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Copy of the Policy.
Ex R2 : Copy of Surveyors report.
Documents produced on behalf of the Complainant:
In CC.No.6/2015:
Ex C1 : Xerox copy of the complaint.
Ex C2 : Xerox copy of the NCR dated 12.07.2010.
Ex C3 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA 01.F8448.
Ex C4 : Xerox copy of the Insurance policy.
Ex C5 : Xerox copy of the motor claim Form for Volvo bus bearing registration No. KA.01.F.8448.
Ex C6 : Xerox copy of the tax Invoice dated 11.11.2010.
Ex C7 : Office copy of the letter dated 24.07.2010.
Ex C8 : Office copy of the letter dated 16.11.2010.
Ex C9 : Acknowledgment card dated 18.11.2010.
Ex C10: Office copy of the letter dated 13.06.2011.
Ex C11: Office copy of the letter dated 09.07.2012.
Ex C12: Office copy of the letter dated 26.11.2013.
Ex C13: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Copy of the Policy.
Ex R2 : Copy of Surveyors report.
Documents produced on behalf of the Complainant:
In CC.No.7/2015:
Ex C1 : Xerox copy of the complaint dated 17.10.2011.
Ex C2 : Xerox copy of the NCR dated 17.10.2011.
Ex C3 : Xerox copy of the Insurance Policy.
Ex C4 : Xerox copy of the registration certificate of the K.S.R.T.C.Volvo Bus bearing registration No. KA01.F9195.
Ex C5 : Xerox copy of the motor claim Form for Volvo bus bearing registration No. KA-01-F-9195 dated 30.06.2012.
Ex C6 : Office copy of the letter dated 07.07.2012.
Ex C7 : Xerox copy of the Tax Invoice.
Ex C8 : Office copy of the letter dated 10.12.2013.
Ex C9 : Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Copy of the Policy.
Ex R2 : Copy of Surveyors report.
Documents produced on behalf of the Complainant:
In CC.No.8/2015:
Ex C1 : Xerox copy of the complaint.
Ex C2 : Xerox copy of the NCR dated 24.08.2010.
Ex C3 : Xerox copy of the registration certificate of the Volvo Bus bearing registration No KA01.F.4939.
Ex C4 : Xerox copy of the Insurance Policy.
Ex C5 : Xerox of the Motor Claim Form for Volvo bus bearing registration No. KA.01.4939 dated 11.11.2010.
Ex C6 : Xerox copy of the Quick claim intimation form dated 24.08.2010.
Ex C7 : Xerox copy of the Tax Invoice dated 05.10.2010.
Ex C8 : Office copy of the letter dated 13.10.2010.
Ex C9 : Office copy of the letter dated 13.06.2011.
Ex C10: Office copy of the letter dated 09.07.2012.
Ex C11: Office copy of the letter dated 11.12.2013.
Ex C12: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Copy of the Policy.
Ex R2 : Copy of Surveyors report.
Documents produced on behalf of the Complainant:
In CC.No.9/2015:
Ex C1 : Xerox copy of the complaint with NCR dated 22.05.2010.
Ex C2 : Xerox copy of the Insurance Policy
Ex C3 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. KA01.F.8304.
Ex C4 : Xerox copy of the Tax Invoice dated 17.06.2010.
Ex C5 : Office copy of the letter dated 28.05.2010.
Ex C6 : Office copy of the letter dated 10.06.2010.
Ex C7 : Office copy of the letter dated 21.06.2010.
Ex C8 : Office copy of the letter dated 23.09.2010.
Ex C9 : Office copy of the letter dated 12.11.2013.
Ex C10: Office copy of the letter dated 03.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 30.06.2010: Survey report with photo by
Chittaranjan S. Surveyor.
Ex R2 : 08.06.2010: Motor claim form submitted
by KSRTC.
Ex R3 : 17.06.2010: Job Card.
Ex R4 : 17.06.2010: Tax Invoice.
Ex R5 : 10.06.2010: Letter by KSRTC.
Ex R6 : 07.11.2013: Letter by KSRTC.
Documents produced on behalf of the Complainant:
In CC.No.10/2015:
Ex C1 : Xerox copy of the NCR No. 143/2010.
Ex C2 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA.01.F.4899.
Ex C3 : Xerox copy of the Insurance Policy.
Ex C4 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. KA01.F.4899 dated 30.06.2012.
Ex C5 : Office copy of the Tax Invoice dated 23.09.2010.
Ex C6 : Office copy of the letter dated 11.05.2010.
Ex C7 : Office copy of the letter dated 13.06.2011.
Ex C8 : Acknowledgment card dated 15.06.2011.
Ex C9 : Office copy of the letter dated 27.09.2010.
Ex C10: Acknowledgment card dated 06.10.2010.
Ex C11: Office copy of the letter dated 09.07.2012.
Ex C12: Office copy of the letter dated 28.11.2013.
Ex C13: Acknowledgment card dated 04.12.2013.
Ex C14: Office copy of the letter dated 31.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 30.06.2010: Survey report by
Chittaranjan S. Surveyor.
Documents produced on behalf of the Complainant:
In CC.No.11/2015:
Ex C1 : Xerox copy of the complaint.
Ex C2 : Xerox copy of the check report cum receipt for the vehicle bearing registration No. KA.01.F.9197.
Ex C3 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA.01.F.9197.
Ex C4 : Xerox copy of the insurance policy.
Ex C5 : Xerox copy of the Motor claim form for Volvo Bus bearing registration No. KA.01.F.9197. Dated 17.05.2011.
Ex C6 : Xerox copy of the Tax invoice dated 11.05.2011.
Ex C7 : Office copy of the letter dated 19.05.2011.
Ex C8 : Office copy of the letter dated 11.12.2013.
Ex C9 : Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 25.07.2011: Survey report by A Raghavendra
Prasad, Surveyor.
Documents produced on behalf of the Complainant:
In CC.No.12/2015:
Ex C1 : Xerox copy of the NCR dated 24.04.2012.
Ex C2 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo Bus bearing Registration No. KA.01.F.9055.
Ex C3 : Xerox copy of the insurance policy.
ExC4 : Xerox copy of the Tax invoice.
Ex C5 : Xerox copy of the Motor claim form for Volvo Bus bearing registration No. KA.01.F.9055. Dated 02.07.2012.
Ex C6 : Office copy of the letter dated 07.07.2012.
Ex C7 : Office copy of the letter dated 26.11.2013.
Ex C8 : Office copy of the letter dated 31.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 28.08.2012: Survey report by Narayana Aithal Surveyor.
Documents produced on behalf of the Complainant:
In CC.No.13/2015:
Ex C1 : Xerox copy of the complaint.
Ex C2 : Xerox copy of the NCR dated 23.08.2010.
Ex C3 : Xerox copy of the Registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA01.F4900.
ExC4 : Xerox copy of the Insurance.
Ex C5 : Xerox copy of the Motor claim form for Volvo Bus bearing registration No. KA.01.F.4900. Dated 03.09.2010.
Ex C6 : Xerox copy of the Tax Invoice dated 24.08.2010.
Ex C7 : Office copy of the letter dated 03.09.2010.
Ex C8 : Office copy of the letter dated 11.06.2011.
Ex C9 : Office copy of the letter dated 02.07.2012.
Ex C10: Office copy of the letter dated 09.12.2013.
Ex C11: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 05.12.2010: Survey report by A Raghavendra Prasad, Surveyor.
Documents produced on behalf of the Complainant:
In CC.No.14/2015:
Ex C1 : Xerox copy of the complaint dated 19.10.2010.
Ex C2 : Xerox copy of the NCR dated 19.10.2010.
Ex C3 : Xerox copy of the Registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA 01.F.8449.
ExC4 : Xerox copy of the Insurance policy.
Ex C5 : Xerox copy of the quick claim intimation form for Volvo bus bearing registration No. KA.01.F.8449 Dated 19.10.2010.
Ex C6 : Xerox copy of the Motor claim form for Volvo bus bearing registration No.KA.01.F.8449 Dated 19.11.2010.
Ex C7 : Xerox copy of the Tax invoice dated 27.10.2010.
Ex C8 : Office copy of the letter dated 09.11.2010.
Ex C9 : Office copy of the letter dated 09.07.2012.
Ex C10: Office copy of the letter dated 12.11.2013.
Ex C11: Office copy of the letter dated 18.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 22.11.2010: Survey report with photo by
Chittaranjan S. Surveyor.
Ex R2 : 09.11.2010: Motor claim form submitted
by KSRTC.
Ex R3 : 26.10.2010: Job Card.
Ex R4 : 27.10.2010: Tax invoice.
Ex R5 : 26.10.2010: Estimation.
Ex R6 : 08.11.2010: letter by KSRTC
Ex R7 : 12.12.2013: Letter by KSRTC
Ex R8 : Copy of RC.
Documents produced on behalf of the Complainant:
In CC.No.15/2015:
Ex C1 : Xerox copy of the NCR dated 26.08.2010.
Ex C2 : Xerox copy of the Mahazar.
Ex C3 : Xerox copy of the Insurance policy.
ExC4 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. KA01.8449 dated 01.09.2010.
Ex C5 : Xerox copy of the Tax invoice dated 28.08.2010.
Ex C6 : Office copy of the letter dated 03.09.2010.
Ex C7 : Office copy of the letter dated 23.09.2010.
Ex C8 : Office copy of the letter dated 10.01.2011.
Ex C9 : Office copy of the letter dated 13.06.2011.
Ex C10: Office copy of the letter dated 09.07.2012.
Ex C11: Office copy of the letter dated 26.11.2013.
Ex C12: Office copy of the letter dated 31.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 26.08.2010: The original permit in respect of bus bearing reg. No KA.01F.8449.
Documents produced on behalf of the Complainant:
In CC.No.16/2015:
Ex C1 : Xerox copy of the FIR dated 08.04.2011.
Ex C2 : Xerox copy of the complaint dated 08.04.2011.
Ex C3 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA .01.F.8442.
ExC4 : Xerox copy of the Insurance policy.
Ex C5 : Xerox copy of the Motor claim form for Volvo Bus bearing registration No. KA.01.8422 dated 18.11.2011.
Ex C6 : Xerox copy of the Tax Invoice issued by the Lathangi Automobiles Pvt Ltd dated 05.05.2011.
Ex C7 : Xerox copy of the Tax Invoice dated 16.04.2011.
Ex C8 : Office copy of the letter dated 06.06.2011.
Ex C9 : Acknowledgment card dated 10.06.2011.
Ex C10: Office copy of the letter dated 14.11.2013.
Ex C11: Office copy of the letter dated 31.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : 08.04.2011: The original permit in respect of bus bearing reg. No KA.01F.8442.
Documents produced on behalf of the Complainant:
In CC.No.17/2015:
Ex C1 : Xerox copy of the FIR.
Ex C2 : Xerox copy of the Insurance policy.
Ex C3 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo Bus bearing registration No. KA .01.F.8044
ExC4 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. KA .01.F.8044.
Ex C5 : Xerox copy of the Tax invoice issued by Lathangi Automobiles Pvt Ltd dated 29.04.2003.
Ex C6 : Xerox copy of the Tax Invoice dated 27.08.2010.
Ex C7 : Office copy of the letter dated 08.10.2010.
Ex C8 : Office copy of the letter dated 10.01.2011.
Ex C9 : Acknowledgment card dated 13.06.2011.
Ex C10: Office copy of the letter dated 09.07.2012.
Ex C11: Office copy of the letter dated 14.11.2013.
Ex C12: Office copy of the letter dated 27.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Xerox copy of the route permit issued to the bus bearing regn No. KA01 F 8044 by competent authority valid as on.
Documents produced on behalf of the Complainant:
In CC.No.18/2015:
Ex C1 : Xerox copy of the complaint dated 04.10.2010.
Ex C2 : Xerox copy of the NCR dated 04.10.2010.
Ex C3 : Xerox copy of the registration certificate of the Volvo Bus bearing registration No. KA .01.F.8002.
ExC4 : Xerox copy of the Insurance Policy.
Ex C5 : Xerox copy of the quick cliam intimation from dated 04.10.2010.
Ex C6 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. KA .01.F.8002. Dated 11.10.2010.
Ex C7 : Xerox copy of the estimate of repairs dated 06.10.2010.
Ex C8 : Xerox copy of the Tax invoice dated 06.10.2010.
Ex C9 : Xerox copy of the receipt in favour of Azad Coach builders Pvt Ltd dated 16.03.2011.
Ex C10: Office copy of the letter dated 13.10.2010.
Ex C11: Office copy of the letter dated 10.01.2011.
Ex C12: Office copy of the letter dated 09.07.2012.
Ex C13: Office copy of the letter dated 28.11.2013.
Ex C14: Office copy of the letter dated 18.12.2013.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Original copy of the survey Report of A. Raghavendra Prasad dated 04.12.2010.
Documents produced on behalf of the Complainant:
In CC.No.19/2015:
Ex C1 : Xerox copy of the FIR along with complaint dated 01.10.2010.
Ex C2 : Xerox copy of the registration certificate of the Volvo bus bearing registration No. KA .01.F.4572.
Ex C3 : Xerox copy of the insurance policy.
ExC4 : Xerox copy of the Motor claim form for Volvo bus bearing registration No. KA -01-F-4572 dated 11.10.2010.
Ex C5 : Xerox copy of the quotation issued by M/s Lathangi Automobiles Pvt. Ltd.,
Ex C6 : Xerox copy of the Tax Invoice Dated 27.12.2010.
Ex C7 : Xerox copy of the receipt in favour of M/s Lathangi Automobiles Pvt Ltd dated 17.03.2011.
Ex C8 : Office copy of the letter dated 11.10.2010.
Ex C9 : Office copy of the letter dated 10.01.2011.
Ex C10: Office copy of the letter dated 28.11.2013.
Ex C11: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Xerox copy of the Route permit issued to the Bus bearing Regn No. KA.01.F 4572 by competent authority valid as on.
Documents produced on behalf of the Complainant:
In CC.No.20/2015:
Ex C1 : Xerox copy of the FIR along with complaint dated 02.05.2012.
Ex C2 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo bus bearing registration No. KA .01.F.9056.
Ex C3 : Xerox copy of the invoice issued by M/s Lathangi Automobiles Pvt Ltd.,
ExC4 : Xerox copy of the insurance policy.
Ex C5 : Xerox copy of the receipts bill of VOLVO B7R bearing No. KA01.K.9056 dated 12.07.2012.
Ex C6 : Xerox copy of the Motor claim form for Volvo Bus bearing registration No:KA.01.K.9056 dated 01.08.2012.
Ex C7 : Xerox copy of the tax invoice issued by MAC 1 dated 19.07.2012.
Ex C8 : Xerox copy of the letter dated 09.12.2013.
Ex C9 : Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Original copy of the claim intimation dated 02.05.2012.
Ex R2 : Original copy of the claim Form dated 01.08.2012 submitted by KSRTC.
Ex R3 : Original copy of the estimate issued by Azad Coach Builders.
Ex R4 : Original copy of the Survey Report of D.Raghotham with 6 photographs.
Ex R5 : Re-inspection report of D.Raghotham with 7 photographs.
Ex R6 : Original copy of the Tax Invoice dated 21.07.2012 of Azad Coach Builders.
Ex R7 : Original copy of the quotation dated 16.07.2012 from Lathangi Automobiles.
Documents produced on behalf of the Complainant:
In CC.No.21/2015:
Ex C1 : Xerox copy of the FIR along with complaint dated 27.06.2012.
Ex C2 : Xerox copy of the registration certificate of the K.S.R.T.C. Volvo bus bearing registration No. KA .01.F.9055.
Ex C3 : Xerox copy of the Insurance policy.
ExC4 : Xerox copy of the quotation issued by M/s Lathangi automobiles Pvt Ltd.,
Ex C5 : Xerox copy of the estimate of repairs dated 29.06.2012.
Ex C6 : Xerox copy of the estimate of repairs dated 30.06.2012.
Ex C7 : Xerox copy of the accident repair invoice issued by M/s lathangi automobiles Pvt ltd,
Ex C8 : Xerox copy of the Tax invoice issued by Azad coach builders Pvt Ltd. Dated 10.10.2012.
Ex C9 : Xerox copy of the Tax invoice issued by MAC 1 dated 12.10.2012.
ExC10: Xerox copy of the motor claim form for Volvo bus bearing registration No. KA-01-F-9055 dated 25.07.2012.
ExC11: Office copy of the letter dated 01.08.2012.
ExC12: Acknowledgment card dated 07.08.2012.
ExC13: Office copy of the letter dated 01.08.2012.
ExC14: Acknowledgment card dated 07.08.2012.
ExC15: Office copy of the letter dated 19.10.2012.
ExC16: Office copy of the letter dated 27.11.2013.
ExC17: Acknowledgment card dated 03.12.2013.
ExC18: Office copy of the letter dated 02.01.2014.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Original copy of the claim disbursement voucher date 05.08.2014 duly executed by the complainant.
Ex R2 : Office copy of the letter dated 02.07.2014 by opposite party to the complainant.
Ex R3 : Original copy of the survey report of Raghotham dated 14.11.2012.
Ex R4 : Original copy of the claim form submitted by KSRTC.
Ex R5 : Original copy of Spot survey Report of M.V. Harinath with 3 photographs.
Ex R6 : Xerox copy of the Estimate two in numbers.
Ex R7 : Original copy of the accident repair invoice dated 8.06.2012 from Lathangi Automobiles
Ex R8 : Original Tax invoice dated 10.12.2012 and 12.10.2012 of Azad Coach builders.
Documents produced on behalf of the Complainant:
In CC.No.22/2015:
Ex C1 : Xerox copy of the complaint dated 22.07.2011.
Ex C2 : Xerox copy of the NCR dated 22.07.2011.
Ex C3 : Xerox copy of the registration certificate of the KSRTC Volvo bus bearing registration No: KA01.F.4576.
ExC4 : Xerox copy of the insurance policy.
Ex C5 : Xerox copy of the preliminary motor survey report dated 10.10.2011.
Ex C6 : Xerox copy of the quotation issued by M/s Lathangi Automobiles Pvt. Ltd.,
Ex C7 : Xerox copy of the Invoice issued by VE commercial vehicles Ltd.,
Ex C8 : Xerox copy of the intimation for the receipt of the claim papers/documents.
Ex C9 : Xerox copy of the Motor claim form for Volvo bus bearing registration No: KA01.F.4576 dated 08.08.2011.
ExC10: Office copy of the letter dated 11.12.2013.
ExC11: Office copy of the letter dated 02.01.2014.
ExC12: Office copy of the letter dated 29.09.2011.
Witnesses examined on behalf of the Opposite Parties:
RW 1 : Sri. Amarkumar Singha (CC 1/15 to CC 22/15)
Documents produced on behalf of the Opposite Party:
Ex R1 : Original copy of the survey report of M.K. Vazhunnavar with 3 photographs.
Ex R2 : Office copy of the survey Report of D.Raghotham with 6 photographs.
Ex R3 : Office copy of the customer copy of tax invoice dated 08.01.2011.
Dated: 31.12.2015. PRESIDENT
(SMT. ASHA SHETTY)
D.K. District Consumer Forum
Mangalore.
