IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of August, 2011
Filed on 20.11.10
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.312/10
between
Complainant:- Opposite Parties:-
Smt.Fathima Beevi, 1. The Managing Director, Oriental Insurance Co. Ltd.,
W/o Usman Kunju, A-25/27, Asaf Al Road, New Delhi – 110002.
Puthenparambu,
Vandanam.P.O., 2. The Regional Manager, Oriental Insurance Co. Ltd.,
Alappuzha -5. Metro Palace, North Railway Station, Ernakulam.
(By Adv.R.Rajendra Prasad)
3. The Branch Manager, Oriental Insurance Co. Ltd.,
XIV/77,C.V.M Complex, YMCA Road, Alappuzha.
(By Adv.Elizabath George)
O R D E R SRI.JIMMY KORAH (PRESIDENT)
The complainant’s case in a nutshell is as follows:- The complainant is the registered owner of the TATA Mini Lorry bearing No.KL04.V 5946. The complainant had availed an insurance policy for the said vehicle from the opposite party. The said vehicle, on 6th May 2009, accidentally overturned and sustained total damage. The matter was duly intimated to the opposite parties. There after, the vehicle was got repaired for which the complainant had to incur an amount of Rs.5,75,000/-(Rupees five lacs seventy five thousand only). The quotation for the said charges had already been given to the opposite parties. In the meantime the opposite parties appointed a surveyor, and on the basis of the surveyor's inspection report the opposite parties offered to issue Rs.2,10,000/- (Rupees two lacs ten thousand only) to the complainant. The amount being too meager, the complainant initially refused to receive the said amount. Later on, yielding to uncongenial circumstance, the complainant accepted the said offer, and the claim, was settled along the said lines. Notwithstanding the claim being so settled, and the complainant's repeated request in writing, the opposite party so far as not issued the claim amount to the complainant. Got aggrieved on this, the complainant approached this Forum for compensation and other relief.
1. On notice being sent the opposite parties turned up and filed joint version. The crux of the contentions of the opposite parties is that despite the claim being settled on repair basis, and sent several letters to the complainant calling up her to submit original bills, the complainant didn't make any sort of response. According to the opposite parties the complainant unilaterally withdrew from the settlement, though the opposite parties approved the claim on repair basis. In this backdrop, the complainant is not entitled to any relief. The complaint is only to be dismissed, the opposite parties assert.
2. The complainant’s evidence, filed proof affidavit and the documents Exbts. Al to A8 series were marked. On the side of the opposite parties the Divisional Manager of the opposite parties filed proof affidavit and the documents Exbts. B1 to B4 were marked.
3. Keeping in view the contentions of the opposite parties, the issues that come up before us for consideration is:-
Whether the complainant is entitled to the relief sought in the complainant?
4. Concededly the complainant is the insurance holder of the opposite parties. Further, the accident of the said vehicle or the subsistence of the policy at the material time is neither, denied nor disputed by the opposite parties. The complainant case is that the complainant had to expend an amount of Rs.5,75,000/-(Rupees five lacs seventy five thousand only) for the repair of the vehicle. Strangely yet, the opposite parties offered only a much lesser amount of Rs.2,10,000/- (Rupees two lacs ten thousand only) to the complainant. Hence the complainant refused to accept the said amount, but yielding to a compelling circumstance the complainant accepted the said offer. None the less, the opposite parties failed to issue the said claim amount to the complainant. Bearing in mind the said contentions, we anxiously went through the pleadings, affidavits and other materials placed on record by the parties. Admittedly, the opposite parties have approved the claim on repair basis. According to the opposite party several letters were sent to the complainant requesting her to produce original bills. But the complainant failed to submit any such bills. It is pertinent to note that the opposite party admittedly approved the claim on the basis of cash loss. On bare perusal of the Ext. A6 consent letter would evidently show that the complainant had agreed to the terms and condition of the settlement of the claim. Even if it is assumed that the complainant had failed to produce the original bills at the time as required by the opposite parties, we are of the view that the same will not and cannot take away the complainant's right to the claim amount. Going by the materials available on record, it appears that the attempt of the opposite parties is to shirk away from their binding obligation to payout the claim amount to the complainant. The said act and omission of the opposite party apparently amounts to deficiency of service. Needless to say the complainant is entitled to the claim amount.
In the context of the forgoing discussion, opposite parties are directed to pay to the complainant an amount of Rs.2,10,000/- (Rupees two lacs ten thousand only) with 9% interest from the date of Exbt. A6 till the recovery of the said amount. The opposite parties are directed to pay an amount of Rs.15,000/-(Rupees fifteen thousand only) as compensation and an amount of Rs.2,000/-(Rupees two thousand only) as cost. The opposite parties shall comply with the order within 30 days of receipt of this order.
In the result the complaint is allowed accordingly.
Pronounced in open Forum on this the 31st day of August, 2011.
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - Copy of the Motor Insurance Certificate Cum Policy Schedule
Ext. A2 - Copy of the Registration Particulars from Motor Vehicles Department
Ext. A3 - Copy of the Driving Licence Particulars
Ext. A4 - Copy of the Letter dated, 02.06.2010
Ext. A5 - Copy of the Letter dated, 09.06.2010
Ext. A6 - Copy of the Consent Letter
Ext. A7 series - Copy of GD Entry (3 pages)
Ext. A8 series - Bills (29 Nos.)
Evidence of the opposite parties:-
Ext. B1 - Copy of the Letter dated, 21.04.2010
Ext. B2 - Copy of the Letter dated, 14.09.2010
Ext. B3 - Copy of the Letter dated, 08.12.2010
Ext. B4 - Copy of the Motor Final Survey Report dated, 05.01.2010
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- P.R/-
Compared by:-
