DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 29th day of June 2010 .

Present : Smt. Seena.H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.48/2010

Safiya Basheer

W/o. Basheer

K H House

Pattambi

Palakkad. - Complainant

(Adv.T.P.Muraleedharan & R.Aswathy)

Vs

Reliance General Insurance

Anil Dhirubhai Ambani Group

Vishnu Building

K.P. Vallom Road

Kadavanthara

Kochi (Rep. By Officer in charge) - Opposite party

O R D E R

By Smt. Seena.H, President

In short the case of the complainant is as follows:

Complainant purchased a new Car of HSC1 make City 1.5 SMT model under an hypothecation agreement with M/s. BRD Securities Ltd, Thrissur. Vehicle was insured with opposite party vide policy No.2201782311013049 for the period 09/02/2009 to 08/02/2010. Complainant made a payment of Rs.26,204/- for the package policy issued by opposite party. On 14/03/2009, the vehicle met with an accident on the Pattambi-Perinthalmanna Highway at a place called Amayur. Vehicle sustained damages and repairs were effected to the tune of Rs.80,341/-. Further vehicle had to be towed from the spot to M/s. Cosmic Honda at Kochi for repairs. Complainant altogether spent an amount of Rs.96,841/- for effective repairs. The incident was reported to the officials of opposite party who inturn came and verified the vehicle and prepared an estimate for Rs.1,20,000/-. Thereafter complainant preferred a claim with all the necessary documents with the opposite party.

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The grievance of the complainant is that inspite of several requests the opposite party has not taken any steps to process the claim. Opposite party on 15/06/2009 issued a registered letter stating that the complainant has not produced the GD entry and if the complainant failed to produce the same, claim would be treated as withdrawn. According to complainant the said act of the opposite party amounts to clear deficiency in service on their part and the said act amounts to clear repudiation of the genuine claim of the complainant. Complainant caused a registered lawyer notice dated 08/09/2009 demanding the opposite party to settle the claim. Even though notice was received opposite party did not care to settle the grievance or even reply to the letter. Hence the complaint. Complainant claims an amount of Rs.96,841/- spent for repairs and Rs.20,000/- as compensation for mental agony suffered by the complainant and for the deficiency in service on the part of the opposite party.

Opposite party was set exparte.

The evidence adduced by the complainant consists of the proof affidavit Exhibit A1 to A6 documents were marked.

Now the issues for consideration are:

1. Whether there is deficiency in service on the part of opposite parties?

2. If so, what is the reliefs and costs?

Issues 1 & 2

The definite case of the complainant is that opposite party failed to process the genuine claim of the complainant claiming the insurance amount on the flimsy ground of non production of GD entry. Exhibit A2, copy of the policy cover note reveals the fact that the incident happened within the coverage of the policy period. Complainant has pleaded in the affidavit that the incident was reported to the officers of the opposite party who inturn had come and verified the vehicle and prepared an estimate of Rs.1,20,000/-. It is evident from Exhibit A4 that the opposite party has impliedly repudiated the claim of the complainant as the GD entry as requested was not produced by the complainant. By going through the said letter it is understood that the only difficulty on the part of opposite party in processing the claim was non production of GD entry. There is no case for the opposite

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party that they have not verified the vehicle after the accident. Opposite party has not appeared before the forum or filed any version or affidavit. Hence the evidence tendered by the complainant stands unrebutted. We are of the view that in a case where the Insurance Company has duly verified and assessed loss, impliedly repudiating the claim on the ground of non production of GD entry amounts to deficiency in service on their part.

Complainant has claimed a total amount of Rs.96,841/- towards repair charges and an amount of Rs.20,000/- as compensation for the deficiency in service on the part of opposite party. On going through the evidence on records, it is seen that the original policy or copy of the policy is not produced by the Complainant. Exhibit A3 series invoice shows that Complainant has spend a total amount of Rs.80,341/- for repairs. Complainant has stated that a further amount of Rs.7,500/- was spend for towing the vehicle from the spot of accident to the workshop. No bill has been produced for substantiating the above claim. Hence the complainant is only entitled for the sum for which evidence has been produced.

In view of the above stated facts and circumstances of the case, we are of the view that the complaint be allowed.

In the result complaint allowed. Opposite party is directed to pay complainant an amount of Rs.80,341/- being the repair charges along with Rs.10,000/- as compensation and Rs.1,000/- as cost of the proceedings. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realization.

Pronounced in the open court on this the 29th day of June , 2010

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

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APPENDIX

Date of filing:05/04/2010

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 – Copy of Tax Invoice dated 10 the Jan 2009 for Rs.8,20,900/-

2. Ext. A2 – Copy of Reliance General Insurance proposal-cum-cover note for Package Policy

3. Ext. A3 series – Copy of Invoice of Cosmic Honda

4. Ext. A4 - Copy of Final Notice of Reliance General insurance

5. Ext. A5 – Copy of Lawyer notice dated

6. Ext. A6 - Acknowledgment receipt

Exhibits marked on the side of the Opposite Party

Nil

Forums Exhibits

Nil

Costs

Allowed.