Date of filing:1.3.2014
Date of Disposal:15.9.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
MONDAY, THE 15TH DAY OF SEPTEMBER, 2014.
C.C.No.57 OF 2014
Between :
Smt Polisetty Anupama, W/o Prasad, Hindu, 37 years, R/o D.No.44-15-57, Lenin Nagar, Gunadala, Machavaram, Vijayawada – 4.
….. Complainant.
And
1. Shriram General Insurance Co., Ltd., Rep., by its Authorized Signatory, E8, EPIP, RIICO, Sitapura, Jaipur, Rajasthan State.
2. The Branch Manager, Shriram General Insurance Co., Ltd., 2nd Floor, Divija Complex, D.No.52-1/1-1, Ring Road, Veterinary Colony, Vijayawada – 520 008.
…....Opposite Parties.
This complaint is coming before us for final hearing on 8.9.2014 in the presence of Sri K.Satyanarayana Rao, Advocate for complainant and Sri T.Veerabhadra Rao, Advocate for opposite parties and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant is the owner of lorry bearing No.AP 16 TV 5009 and the said vehicle was insured with the 2nd opposite party, for a period of one year commencing from 26.10.2012 to 25.10.2013. While so on 10.6.2013 the insured vehicle met with an accident and it was badly damaged. The complainant informed the said fact to the 2nd opposite party and they conducted survey by its authorized surveyor. The surveyor assessed the loss and the complainant shifted the vehicle to the mechanic shed for effecting repairs. The complainant incurred an expenditure of Rs.3,70,150/- for repairs. Subsequently the complainant submitted claim form along with necessary bills and vouchers. On receiving the said claim the opposite parties sent a letter dated 26.9.2013 requesting the complainant to furnish some material papers relating to the insured vehicle. The complainant already submitted the papers required by the opposite parties for settlement of claim. Even though the opposite parties received all the relevant documents, postponing to settle the claim on the ground or the other. Thus the complainant got issued a legal notice demanding the opposite parties to settle the claim. But the opposite parties neither settle the claim nor gave any reply which amounts to deficiency in service. Hence the complainant is filed this complaint against the opposite parties praying the Forum to direct the opposite parties to pay an amount of Rs.3,70,150/- with interest at the rate of 24% per annum from the date of accident till realization to pay Rs.25,000/- towards damages and to pay costs.
2. The version of the opposite parties.
The opposite parties denied all the allegations of the complaint and submitted that the opposite party wrote letters to the complainant dated 18.6.2013, 5.8.2013, 16.8.2013, 26.9.2013 requesting to produce the documents but she did not produce them and cooperate with the opposite parties. The claim was intimated on 17.6.2013. The opposite parties appointed M/s Libra Surveyor Limited of survey and requested the complainant to produce the below documents i.e., vehicle number, claim number, policy number, date of loss, certificate copy of FIR, registration certificate in original for verification, fitness certificate in original for verification, driving license of the driver at the time of accident, permit certificate, repairs bills and estimates, claim form duly filled and signed by the complainant, claim discharge voucher duly filled and signed by complainant, third party vehicle registration number, towing bill, injuries details and medical reports, passenger details, no claim bonus confirmation certificate from previous insurer. The opposite party requested the complainant to shift the damaged vehicle to the nearest garage and confirmation with the estimate so that the opposite parties appoint a surveyor for assessment of the loss. The opposite party appointed surveyor and loss assessor of Vijayawada to conduct survey on the above said vehicle. He commenced his final survey on 22.6.2013 and other subsequent dates. He submitted that he visited M/s Sitaramanjaneya Mechanical Works, Kanuru, Vijayawada and assessed the loss for Rs.82,880/- and issued his report. The opposite parties sent final letter on 26.9.2013 seeking for production of the above documents along with no claim bonus confirmation certificate from previous insurer but the complainant did not provide claim documents and as such the opposite party left with no option to close the claim due to non submission of documents. The opposite party assessed the loss for a total sum of Rs.61,882/- since the insured did not confirm no claim bonus from the previous insurer the opposite party deducted NCB amount of Rs.3,478/-. The complainant must have to prove by way of independent, cogent legal, oral and documents evidence. The complainant has committed willful breach and violation of terms and conditions of the policy and suppressed the material facts. Hence the opposite parties are not liable. The complainant is not entitled for the loss estimated to a tune of Rs.25,000/- and the opposite parties are not liable to pay an amount of Rs.3,70,150/- with interest at the rate of 24% per annum from the date of accident till realization of the claim amount and not liable to pay the costs of the complaint and other reliefs as prayed for against the opposite parties. There is no deficiency in service on the part of the opposite parties towards the complainant and prayed to dismiss the complaint with costs.
3. On behalf of the complainant she gave her affidavit and got marked Ex.A.1 to Ex.A.14 and on behalf of the opposite parties Sri B.Satish Kumar, Branch Manager of the 2nd opposite party gave his affidavit and Sri Y.Madhu Babu, Surveyor and loss assessor filed his affidavit on behalf of the opposite parties and got marked Ex.B.1 to Ex.B.8.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite parties
in not settling the insurance claim of the complainant?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand, the complainant is the owner of the lorry bearing No.AP. 16 TV 5009 under Ex.A.13 registration certificate issued by Andhra Pradesh Road Transport Authorities and it was insured with the 2nd opposite party and the 2nd opposite party issued Ex.A.1 certificate cum policy schedule for a period of one year commencing from 26.10.2012 to 25.10.2013. While so on 10.6.2013 the insured vehicle met with an accident and it was badly damaged. On complaint of the cleaner FIR Ex.A.2 was registered on 10.6.2013. The complainant says that she informed about the accident of the vehicle to the 2nd opposite party and they conducted survey by its surveyor and he assessed the loss. Then the complainant shifted the vehicle to the mechanic shed of Seetaramanjaneya mechanical Works, Autonagar at Vijayawada for repairs. The said mechanical work shop gave an estimation to the accident vehicle for an amount of Rs.3,62,880/- under Ex.A.3 for repairs. The complainant submitted claim form along with necessary bills and vouchers. On receiving the said claim the opposite party sent a letter Ex.A.5 dated 26.9.2013 requesting the complainant to furnish the same material papers relating to the insured vehicle. The complainant already submitted the papers requested by the opposite party for settlement of claim. As there is no response from the opposite parties the complainant got issued a legal notice Ex.A.6 dated 24.11.2013 stating that she submitted claim form and the opposite parties received the same under claim No.10000/31/14/C/012932. The opposite parties are liable to reimburse the expenses incurred by the complainant towards repairs. But the opposite parties failed to settle the claim. If the opposite parties fail to settle the claim of the complainant, she will proceed to the court of law for redressal. The opposite parties received the said notice under Ex.A.7 and Ex.A.8 and kept quiet. The complainant submitted all the material Ex.A.9 to Ex.A.14 and other necessary documents to the 2nd opposite party.
7. The defence of the opposite parties is that they wrote letters to the complainant on 18.6.2013, 5.8.2013 under Ex.B.5, 16.8.2013 under Ex.B.6 and Ex.B.7 under 26.9.2013 to produce the required documents but she did not produce them. On intimation of the claim on 17.6.2013, the opposite parties appointed M/s Libra Surveyor Limited under Ex.B.3 for survey and requested the complainant to shift the damaged vehicle to the nearest garage and on shifting the vehicle to the Seetharamanjaneya Mechanical Works, at Autonagar, Vijayawada the opposite parties appointed a surveyor under Ex.B.4 and he assessed the loss for Rs.82,880/- and sent final letter on 26.9.2013 under Ex.B.7 to produce all the documents related to the damaged vehicle. As the complainant did not provide claim documents to the opposite parties, the opposite parties closed the claim under Ex.B.8 due to non submission of documents. The opposite parties assessed the loss for total sum of Rs.61,882/- after deducting no claim bonus amount of Rs.3,478/-.
8. In view of the above discussion we noticed that there is no documentary evidence to show the contents of the opposite parties. The opposite parties did not take any step to settle the claim of the complainant. Therefore we came to an opinion that taking into consideration the original bills filed by the complainant for Rs.1,95,580/-, the opposite parties are liable to pay the said amount to the complainant as repair charges of her damaged vehicle. The complainant is entitled to get the same amount with interest from the opposite parties.
POINT No.3:-
9. In the result, the complaint is allowed in part and the opposite parties are jointly and severally are directed to pay Rs.1,95,580/- with interest at 12% per annum from the date of filing the complaint i.e.,1.3.2014 till realization, to pay Rs.5,000/- as compensation for causing delay in payment and to pay Rs.2,000/- as costs. Time for compliance one month. Rest of the claims of the complainant are rejected.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 15th day of September, 2014.
PRESIDENT(FAC) MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 Smt Polisetty Anupama D.W.1Sri B.Satish Kumar,
Complainant Branch Manager
(by affidavit) of the 2nd opposite party
(by affidavit)
D.W.2 Sri Y.Madhu Babu, Surveyor and loss assessor (by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:-
Ex.A.1 . . Photocopy of Certificate cum Policy Schedule.
Ex.A.2 10.06.2013 Photocopy of First Information Report.
Ex.A.3 . . Photocopy of estimation issued byh seetaramanjaneya
Mechanical Works.
Ex.A.4 09.06.2013 Two receipts of K.V.R. Krishnamraju Fish Packing,
Bhimavaram.
Ex.A.5 26.09.2013 Photocopy of Final letter issued by opposite party.
Ex.A.6 24.11.2013 Office copy of legal notice.
Ex.A.7 . . Postal acknowledgement.
Ex.A.8 . . Postal acknowledgement.
Ex.A.9 24.10.2005 Photocopy of Certificate of Registration.
Ex.A.10 14.10.2010 Photocopy of National Permit for Public Carrier.
Ex.A.11 14.10.2011 Photocopy of Driving License.
Ex.A.12 29.10.2012 Photocopy of Fitness certificate.
Ex.A.13 30.10.2012 Photocopy of Authorization certificate of N.P. (Goods) along
with E-seva receipt for Rs.5,750/-.
Ex.A.14 . . Bunch of cash bills and cash receipts.
For the opposite party:-
Ex.B.1 . . Copy of Certificate cum policy schedule along with
Policy wording.
Ex.B.2 10.06.2013 Copy of Motor Insurance Claim form.
Ex.B.3 12.06.2013 Copy of Spot Survey Report.
Ex.B.4 19.07.2013 Copy of Final report.
Ex.B.5 05.08.2013 Copy of letter from the 1st opposite party to the complainant.
Ex.B.6 16.08.2013 Copy of letter from the 1st opposite party to the complainant. Ex.B.7 26.09.2013 Copy of letter from the 1st opposite party to the complainant.
Ex.B.8 30.09.2013 Copy of claim closure sheet.
PRESIDENT(FAC)
