DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.08 OF 2020
Date of Filing : 22.10.2020
Date of Order : 26.12.2022
Sri Gunanidhi Badatya
S/O: Gopal Badatya,
AT-PhulbaniSahi,Contractorpada
PO/PS- Phulbani
DIST- Kandhamal. …………………….. Complainant.
Versus.
1.Proprietor, Consortium Automobiles Pvt.Ltd.
Plot No.125, Sec-A, Zone-B,
Mancheswar, SachivalayaMarg, Bhubaneswar-751010
2.Manager, Consortium Automobiles Pvt.Ltd.
Plot No. 644/2148,645,646 & 647,
Pahal, NH-5, Bhabaneswar-752101
3.Cholamandalam MS General Insurance Co.Ltd.
2nd floor, 45/46, Hotel Baseva,
Ashok Nagar, Janipath Road-751009
4.Tata Motos Finance Ltd.
Lodha, 1- Think Techno Campus,
2nd floor, A- wing Pokhran Raod No.2
Thane(west), Mumbai, Maharastra – 400607
5.Branch In-Charge,
TATA Consortium Automobiles Pvt.Ltd.
Phulbani Branch, Near LIC Office
Phulbani, Kandhamal
………………………….. Opp. Parties
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Mr.Manoj Kumar Sahoo, Advocate & associates
For O.P.- Mr. N.K.Padhy, Advocate
JUDGEMENT
Sri Sudhakar Senapothi, Member
Complainant Gunanidhi Badatya has filed this case against the O.Ps the U/s. 35 of the CP Act 2019 alleging deficiency of service and unfair trade practice on the part of the OPs for non payment of his insurance claim and praying therein for direction to the OP NO. 3 to settle the insurance claim as per the estimate prepared by the OP NO. 1 to the tune of Rs. 271620.00, direct the OP No.1 to repair the vehicle, direction to OP No. 4 not to impose any penalty against the complainant for nonpayment of the installment from April 2018 to till finalization of the pending consumer complaint and cost and compensation of Rs. 50000.00 and 100000.00 respectively.
- Brief fact leading to the case is that the complainant has purchased one ACE Zip to earn his livelihood by way of self employment under loan arrangement with OP No. 4 and the vehicle was insured with OP No. 3 for the period from 28.02.2018 to 27.02.2019. During the force of the policy the vehicle met with an accident on dated 12.04.2018 at Tadikia Ghati under Gochhapada PS which was registered vide PS case No. 21 dated 12.04.2018. The fact of accident was intimated to the insurance company immediately who deputed his Surveyor for assessment of the loss caused to the vehicle and an estimate for Rs. 271620.00 was prepared in presence of the Surveyor and the complainant. The vehicle was shifted to the garage of OP No. 1 who instructed the complainant to deposit a sum of Rs. 5000.00 initially to start the repairing of the vehicle which was deposited on 04.09.2018 by the complainant and subsequently demanded Rs 80000.00 for repairing at the time of shifting of the vehicle to showroom of OP No. 1 As per the demand of OP No. 1 the complainant issued pleader notice on 05.06.2018 to the OPs for early settlement of the claim. In the mean time the complainant fell ill and after he recovered after 5 to 6 month and as no response or intimation was received from OP No. 3 and also from OP No.1 regarding the progress of the repairing but on enquiry both of them avoided to give him information and on 13.12.2018 the OP No. 3 send a letter to the complainant where in the complainant was intimated that the claim has been closed as “no claim” for non submission of duly filled and signed claim from and copy of the FIR within the stipulated period. The complainant had earlier submitted these two document at the time of lodging claim but the OP NO. 3 deliberately closed the claim. The petitioner purchased this vehicle to earn his livelihood and as because of the negligence of the OP NO. 3 he could not repay the loan in time which has led to imposition of additional charges on his loan. Feeling harassed by the OPs the petitioner finding no other alternative has filed this case before this Commission for the reliefs as discussed in the preceding paragraphs.
- After receipt of notice from this Commission all the OPs appeared before this Commission and filed written statement. The OP No.1, 2 & 5 in their written statement stated that the vehicle was reported to the work shop on 04.09.2018 and preliminary estimate was prepared on 05.09.2018 for Rs. 2,71,620.00. Before the vehicle was brought to the workshop, the insurance company requested the complainant on 10.06.2018 to produce all relevant documents and subsequently on 12.06.2018 and 20.06.2018 by way of reminder and finally on 25.10.2018 the claim officer issued work order on 25.10.2018 that the admissibility of the claim will be subject to verification of claim related document and policy term of the complainant. Finally the insurance company called for the documents on 13.12.2018 and as the complainant could not produce the documents the claim was closed as no claim. Because of his poor knowledge and ignorance he delayed the matter and did not co-operate with his insurance company for which his claim was rejected and because of nonpayment of cost of repair the vehicle could not be repaired and therefore no amount of deficiency in service can be attributed to him and pray for dismissal of the case with costs.
- The OP No. 3 filed the written statement beyond the stipulated period of 45 days from the date of service of notice on him for which the written statement filed by OP No. 3 stands rejected. The OP No. 3 appeared through his advocate Raghunath Meher on 12.07.2022 and after grant of several adjournment he could not file his written statement within the stipulated period and finally filed the written statement on 19.10.2022 after a period of 97 days for which the written statement was not accepted in view of provision u/s38(2)(a)of the CP Act 2019.
- The OP No. 4 in his written statement stated that he is the financer and he has no scope to enter into the dispute between the complainant, insurance company and authorized service center. Since they have advanced the loan to the complainant he is liable to repay the loan as per the terms and conditions between the parties and is not entitled for any relief as prayed for by the complainant against him.
- The complainant in support of his case has filed the copy of the FIR dated 04.12.2018 filed by the complainant in Gochhapada Police Station corresponding to FIR No. 21 dated 12.04.2018, copy of the pollution compliance report issued by the manufacturer TATA Motors, copy of the delivery challan in respect of the vehicle issued by OP No. 1, copy of repudiation letter dated 13.12.2018 issued by OP No. 3 i.e. Chola M/S. General Insurance, copy of the insurance certificate, copy of the reminder dated 29.09.2018, copy of the temporary certificate of registration, copy of the letter issued to RTO by Op No.1, copy of the tax invoice and copy of the money receipt issued by the OP No. 1.” The OP No. 1,2 &5 in support of their case has filed the copy of the tax invoice, copy of the insurance certificate, copy of the money receipt showing payment of tax, fee for inspection, temporary registration etc. dated 28.02.2018 amounting to Rs. 27228.00, pre job card dated 19.02.2018, copy of the repair estimate of the accident vehicle, copy of the letter dated 12.06.2018 and 20.06.2018 issued to the complainant by OP No. 3, copy of the letter dated 13.12.2018 isused by the insurance company to the complainant, copy of the e-mail dated 25.10.2018 from the insurance company to Op No. 1, copy of the e-mail of the OP No.3 to OP No. 1 on dated 21.12.2018 , copy of the letter of the OP No. 1 addressed to complainant on 29.12.2018, undertaking of the complainant dated 09.02.2018 address to the General Manager of OP No. 1 and copy of the gate register. The OP No. 4 has filed copy of the loan application form, copy of the repayment schedule, copy of the statement of accounts in respect of the finance vehicle in support of their case.
- The only point for adjudication of the case is whether the complainant is entitled to get the insurance claim from the OP No. 3 or not ? It is seen from the repudiation letter that the claim has been rejected for non submission of duly filled and signed claim form and copy of the FIR. It is clear from the repudiation letter dated 13.12.2018 issued to the complainant by the OP No. 3 that because of these two documents the claim is pending which means all other documents relating to the insurance claim have been already submitted to the insurance company. The OP No. 1(Annexure-10) in his documents filed before this Commission has filed copy of the letter dated 12.06.2018, 20.06.2018 (Annexure -11) where from it is clear that the complainant was asked to file 12 documents and he has already filed all other documents except the documents sl. No. 1 and 12. It is settled principle of law that the insurance company cannot go beyond the repudiation letter. Since the insurance company called for only 2 documents i.e. the copy of the FIR and the claim form, therefore the complainant is under obligation to file these 2(two) documents before the insurance company and the insurance company is under obligation to make payment of the claim amount on receipt of these two documents.
- The OP No. 1 is the authorized dealer for TATA range of vehicles and the repair estimate has been prepared by him (Annexure – 8 / 9) since the OP No. 1 is the authorized dealer of the company and the accident vehicle is a brand new vehicle, the insurance company has to make the payment as per the estimate prepared by the authorized dealer / service center of the company and hence the order
ORDER
The Complaint petition is allowed against the OP No. 3 and dismissed against other OPs. The OP No. 3 is directed to pay a sum of Rs. 2,71,620/-(two lakhs seventy one thousand six hundred twenty) only to the complainant within a period of 1 (one) week from the date of receipt of the copy of the FIR and duly filled in claim application form. The OP No. 3 is directed to provide a copy of the claim application form within a week from the date of receipt of this order. In the peculiar facts and circumstances of this case parties to bear their own cost.
Computerized & corrected by me.
I Agree
PRESIDENT MEMBER
Pronounced in the open Commissioner today on this 26th day of December 2022 in the presence of the parties.
PRESIDENT MEMBER
