DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: YUPIA

DISTRICT PAPUMPARE, ARUNACHAL PRADESH

Consumer Complaint No. CDRC/PP-06/2022

CORAM: Shri Gote Mega, President

Shri Tarh Loma, Member  

Miss Deepa Yoka, Member

                                                    Smt. Dani Hale    … Complainant

                                                                             - Versus-

1.  Reliance general Insurance Company Ltd. Reliance Centre, South Wing 4^th floor off Western Express Highway Santacruz (East) Mumbai-400710, Maharashtra

2. General Manager, Reliance General Insurance Co. Ltd Anil Plaza,5^th floor (Beside (IDBI) Guwahati, Assam 781005

…Opposite Parties

Ld. Counsel for the Complainant: Shri D. Apo Advocate

Ld. Counsel for the Opposite Parties: None

JUDGEMENT & ORDER

(27.01.2023)

1. That the complainant filed complaint instant application under section 12 of Consumer Protection Act, 1986 alleging of deficiency service upon the opposite parties.
2. The complainant is that the registered owner of the Car Capture (Renault) bearing its registration No. AR.01M6383 with Chassis No. MEERHA008K5007418 and Engine No. K9KE035251. The said vehicle was purchased from K square Automobiles Pvt. Ltd. Lekhi village, Naharlagun for Rs. 13,19059.04/- (Rupees Thirteen Lakhs Nineteen Thousand fifty nine) Only, financed through the Mahindra & Mahindra Finance Service Ltd. Naharlagun.
3. The vehicle was duly insured by opposite parties, i.e., the Reliance General Insurance Co. Ltd vide insurance certificate bearing policy no.993192023090007756, valid with effect from 24.12.2019 to midnight of 23.12.2023 covering all types of risk.
4. The complainant paid the insurance amount of Rs 27,595/- including an amount of Rs 63, 900/- for add on(zero depreciation consumables was paid).
5. On 14.10.2021 the vehicle in question met an accident in Dhemaji town, Assam when complainant was coming to Itanagar Mechuka. The FIR was lodged vide Dhemaji P.S case No. 478/2021, U/s 279/304 (A) IPC. Dhemaji police seized the vehicle and later it was released on Zimma. Thereafter, the complainant transported damaged vehicle to Renault workshop at Lekhi, Naharlagun and till date, the vehicle is abandoned at the workshop.
6. In the inspection of the damaged vehicle, cost of repairing bill an amounting to Rs 11,43,240.00/-(Rupees Eleven Lakhs forty three thousand two hundred forty) Only has been prepared in black and white paper which is annexed herein the application.
7. Thereafter the complainant lodged the claim before opposite parties in respect of the policy No. 993192023090007756; the opposite parties after considering the complainant’s claim and its documents attempted to settle the claim with by offering an amount of Rs 5,32, 000/- (Rupees Five Lakhs thirty two thousand) only for full and final settlement but the complainant declined to accept stating that at the relevant point of time the insurance policy No.993192023090007756 was valid which included for and Add On(Zero Depreciation, Consumable items).

8. It is the case of complainant that the opposite party intentionally caused harassment being deficient in providing service and tried to escape from their liabilities due to which the complainant has sustained immense mental agony. Hence this complaint.
9. Complainant’s Prayer: The complainant has prayed for:

1. Insured covered amount    = 10,65,140/-
2. Deficiency in service          = Rs 20,0000/-
3. Cost of litigation                = Rs 30,000/-
4. Causing mental agony        = Rs 1, 00, 000/-

In Total = Rs 13,95, 140/- (Rupees Thirteen Lakhs ninety-five thousand one hundred forty) Only.

10. Despite of receiving the notice, Opposite parties did not appear and as such vide order dated 28.10.2022, we decided to go for ex parte proceedings against the opposite Parties.
11. We have gone through the complaint/application, written argument and records carefully and thoroughly.
12. A cursory perusal of the records, it is found that the complainant insured his aforesaid vehicle with the opposite parties which met road accident on 14.10.2021 in Dhemaji town, Assam while proceeding from Mechuka to Itanagar and on the same day complainant lodged claim before the opposite parties through an e-mail, accordingly the opposite party had directed the complainant to submit some documents to settle the claim; as such the complainant submitted relevant documents. On 16.02.2022,the complainant received an e-mail from the opposite party, wherein opposite parties offered an amount of Rs. 5,32,000/- (Rupees five lakhs thirty two thousand) only for full and final settlement however, complainant through e-mail letter on 23.02.2022,declined their offer as it was undervalued and much below the repairing cost of the vehicle and contrary to the terms and condition of the policy more particularly, the Add on ( Zero Depreciation, Consumable) term.
13. We have seen that complainant in support of his claim has tendered some documents into evidence such as a copy of insurance policy document bearing policy no.993192023090007756, a copy of FIR, a copy of report of accident vehicle examination AR-01M—6383 (Renault Captur), copies of cost estimation bill for repairing of damaged vehicle in question, copies of email of both parties, etc.
14. We have also seen that opposite parties supplied the insurance certificate copy of one page to the complainant which is annexed as annexure-8,page 23 of application and the email messages of the opposite parties wherein Rs 5,32,000/-(Rupees Five Lakhs Thirty Two Thousand )only was taken into as full and final for settlement which was not agreed by the complainant as it was undervalue. Whereas the total estimated bills for the repairing of damaged vehicle in question is shown as Rs. 11,43, 240/- (Eleven Lakhs Forty-Three Thousand Two Hundred Forty Only) prepared by the service centre.
15. It is well settled that insured claim is to be settled on the basis of surveyor report which could become the basis for the settlement of claim by the insurer in respect of loss suffered by the insured but we do not see any such report(s) and whereas opposite parties despite of receiving notice twice from the complainant, failed to contest the allegation. Therefore, we hold that there was a deficiency of service rendered by the opposite parties to the complainant’s claim, as such the complaint is allowed and direct the opposite parties to pay the complainant an amount of Rs. 7,00,000/-(Rupees Seven Lakhs Only)with an interest@9% per annum from the date of filing the instant complaint petition. We award Rs 10,000/-(Rupees Ten Thousand Only) for deficiency in service Rs 20,000/-(Rupees Twenty Thousand Only) for the cost of litigation and Rs. 50, 000/- for causing mental agony.
16. Thus, the grand total recoverable from the Opposite parties is: -

Rs. 7, 00,000 + Rs 10, 000+Rs. 20, 000 +Rs. 50, 000= Rs. 7, 80, 000/-

                   Judgment & order pronounced on              : 27.01.2023

Judgment & order signed on                     : 10.02.2023

Shri Tarh Loma, Member                                        Miss Deepa Yoka, Member

Shri Gote Mega, President