Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.09.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the rest amount of Rs. 3,15,057/- ( Rs. Three lakh Fifteen Thousand Fifty Seven only ) along with 12% interest.
- To direct the opposite parties to pay Rs. 30,000/- ( Rs. Thirty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a vehicle being TATA Motors 207 DI Ex the details of which has been mentioned in annexure – I. After the purchase, the aforesaid vehicle was registered being Registration No. BR 01GB – 5397 ( vide annexure – I). Thereafter the complainant has purchased an insurance policy the details of which has been mentioned in annexure – II ( page 8 of complaint petition ) which appears to be effective from 06 June 2011 to 05 June 2012. The aforesaid vehicle met an accident on 13.11.2011 for which the entry in station diary has been made in Mokama P.S. on the same date. Due to the aforesaid accident the vehicle of the complainant was badly damaged and as per advice of the insurance company the said vehicle was sent to Pawan Motors, Begusarai for repairing which is authorized service station. After repairing the bill of Rs. 3,77,848//- was given to the complainant ( vide annexure – IV ). The complainant paid the aforesaid amount but the insurance company has only given a cheque of Rs. 62,791/- without disclosing any reason for such a less payment. As the complainant was in dire need he accepted the aforesaid amount and requested the opposite parties to pay the rest amount of Rs. 3,15,057/- only. When the opposite parties did not pay the rest amount then the complainant sent a legal notice. The complainant was forced to pay the entire bill of repairing as the complainant was put to loss of Rs. 60,000/- due to nonpayment of claim amount by opposite parties.
The grievance of the complainant is that no reason has been assigned for paying less amount while the genuineness of annexure – II has not been denied.
On behalf of opposite parties a written statement has been filed stating therein that the opposite parties deducted Rs. 500/- as excess clause and Rs. 6,000/- as salvage.
It has been further stated that opposite parties have also not paid the amount which was spent through painting and the entire engine was not damaged.
The opposite party has annexed the survey details ( vide annexure –A ). A Photo of the accidental vehicle has also been annexed by the opposite parties.
We have heard both the parties.
It has been submitted that by the learned counsel for the complainant that copy of the surveyor report has not been furnished to the complainant and hence the complainant was not able to give effective reply because the survey report has been prepared completely in favour of opposite parties.
The learned counsel for the opposite parties has denied the aforesaid allegation.
It is needless to say that the opposite parties has accepted the entire document of the complainant and hence made payment of Rs. 62,791/-.
From perusal of photographs furnished by opposite parties it appears that the part of engine was also damaged from the corner. There is evidence on the record that entire engine was damaged.
It is worth to be mentioned that there is no cogent evidence that the copy of annexure – A was ever served on the complainant. This fact has not been denied in the written statement filed by opposite party no. 1 and 2.
It is needless to say that it was a commercial vehicle and when it is not repaired fully then the commercial vehicle will not work as per capacity which will result to the loss of the complainant. The insured amount was Rs. 4,72,027/- and the payment has been made only Rs. 62,791/- and that is too without serving the copy of annexure – A to the complainant and giving full reason. It is also not worthy that annexure – IV is not a bill rather it is a retail invoice but as the part payment has been made by opposite party, hence we have no reason to disbelieve the same.
The aforesaid fact completely prove gross deficiency on the part of opposite parties.
For the discussion made above we direct the opposite parties to pay the rest amount of Rs. 3,15,057/- ( Rs. Three Lakh Fifteen Thousand Fifty Seven only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 10% on the amount of Rs. 3,15,057/- ( Rs. Three Lakh Fifteen Thousand Fifty Seven only ) till it final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint petition stands allowed to the extent referred above.
Member President
