SMT. RAVI SUSHA: PRESIDENT

   Complainant filed  this complaint for getting an  order directing opposite parties to  pay (a)balance repairing cost o Rs.61741/-  with interest@9% per annum till realization(b) to pay Rs.2,00,000/- as losses sustained to the complainant(c ) to pay Rs.1,00,000/- as compensation for the mental agony and hardships caused to the complainant and to pay  cost of the complaint.

     Facts of the case in brief are  that the complainant is the owner of the vehicle bearing Reg.No.KL 58V-0768, at the time of purchasing the vehicle , the complainant had availed a loan through 2^nd OP and the said vehicle is insured with 1^st OP during the period from13/4/2020 to 12/4/2021.  On 21/32021, the  vehicle  met with an accident and substantial damages caused to the vehicle  . At the time of  accident the complainant was driving  the vehicle and his license is valid upto 29/7/2024.  The accident was duly intimated to the 1^st OP on the very sme day of accident.  The vehicle was removed to the Escanvo Motors, the repairing centre and a quotation for an amount  of Rs.1,41,561/- has been given to the complainant being the cost of repair and the said quotation was forwarded to the 1^st OP .  When the complainant contacted the OPs, it was informed that a qualified  surveyor will be appointed to assess the damages but the 1^st OP has not taken the effective steps to get the vehicle inspected by a surveyor.  When he enquired with the repairing centre he was being informed that three surveyors inspected the vehicle but no approval fro the 1^st OP was given to carry out the repairing works.  After repeated requests to the 1^st OP, an amount of Rs.50,000/- was received as an advance amount to repair the vehicle on 29/5/2021 and it was assured that balance claim amount will be released after submission of dealer tax  invoices as per surveyor assessment and re-inspection upon confirmation at the end of the complainant.  The repairing  centre, carried out the repairing works and a bill issued for an amount of Rs.1,11,741/- as the grant total repairing costs on 14/9/2021 , but the OPs has neither settle the bill nor given any reply at their end.  The action of OPs amounts to deficiency of service and unfair trade practice.  Hence this complaint. 

  OPs entered appearance through their counsels and filed version stating their contentions.

  OP.No.1 has stated that 1^st OP is not liable to pay compensation to the complainant because the complainant had not given the repaired bill  to 1^st OP. Further stated that as per the quotation estimate made by the work shop where the car of the  complainant was taken for repair, since the estimate is made not  as per the actual amount required for repair of the  vehicle.  Moreover the permitted deprecations as per the insurance policy  and its conditions.  The surveyor has assessed a sum of Rs.80,709/ towards the repair  of the car of the complainant.

    2^nd OP contended that to repossess the vehicle and realized the loan amount by sale of the hypothecated vehicle, in case of default in payment  of  a single monthly instalment, by terminating the contract.  The attempt of the  petitioner is to delay repossession of the hypothecated vehicle by this OP under the guise of the instant complaint and to cover up the grave default on his part regarding payment of the loan instalments.  There is absolutely no deficiency of service on  their part. The said vehicle is validly insured with the 1^st OP and the said OP is liable to pay the compensation.  Hence prayed for the dismissal of the complaint.

   At the evidence stage, complainant and 1^st OP led their evidence.  Complainant filed chief affidavit and documents.  Examined as PW1, marked Exts.A1&A2.  Ext.A1 is  policy, Ext.A2 is the bill issued by Escanvo Motors .  Ops 1&2 cross examined  PW1.  On the side of OPs, 1^st OP produced two documents, which were marked as Exts.B1&B2.  Ext.B1  is policy schedule of the car KL58/V0768.  Ext.B2 is the Insurance survey report of the car in dispute , assessing  a sum of Rs.80709/- towards the repair charges.  After that complainant and 2^nd OP filed their written argument notes.

   Here the undisputed facts are that the complainant had availed a car loan to the vehicle bearing Reg.No.KL-58-V-0768, from 2^nd OP, and at the time of availing the loan, complainant had taken an insurance to the vehicle from 1^st OP for a period from 13/4/2020 to 12/4/2021.  Further the vehicle met with an accident on 21/3/2021 while the policy was in existing and sustained damage to the vehicle.  Further as per the intimation , 1^st OP deputed a insurance surveyor and loss assessor.  He inspected the vehicle and prepared a report assessing the loss of the vehicle  as Rs.80709.22/-.  It is also an admitted facts that  the 1^st OP had paid Rs.50,000/- for the repair work of the vehicle.

   Complainant alleged that the total bill amount for the repair work ,of accidental damage issued by the workshop  Escanvo Motors from where the repair work of the vehicle  carried out, was Rs.1,11,741/.  But  1^st OP had given only Rs.50,000/-. So he is entitled to get the balance bill amount of Rs.61,741/- with interest and compensation.

   On the other hand 1^st OP contended that 1^st OP is not liable to pay compensation to the complainant.  According to 1^st OP, the complainant had not given the bill Ext.A2 to 1^st OP.

   On  perusal of  Ext.B2 survey report it is recorded that the vehicle repaired bill received for Rs.1,11,741/- by 1^st OP and advance amount Rs.50,000/- was approved.  From the evidence it is revealed that the advance amount Rs.50,000/- has been given to the complainant on 2/5/2021.  So the OP’s contention is that they have not received Ext.A2 bill cannot be believed.  1^st OP has not examined  the insurance surveyor who prepared Ext.B2 report to establish the assessment made in the report.  In Ext.B2 depreciation computation table shows that the surveyor made depreciation of 25% and 50% to some parts and calculated Rs.20224/- as depreciation amount.  Without examining  the surveyor, it is not evident that how the4 surveyor arrived to such an amount.  Depreciation of 50%,25% are not justifiable.  Further it is seen that the labour charge assessed by the surveyor as Rs.40669.59/-.  As per Ext.A2 total spare parts value is Rs.65550.00/- and the labour charge is Rs.17818/-. Painting charges Rs.28373/- As per Ext.A2, the complainant had paid Rs.1,11,741.00/- to the authorized repairing centre.  Moreover Ext.A2 was marked without any objection.  On perusal of Ext.A2 it is seen that the charges levied by the repairing centre is justifiable.  Hence it can be accepted.  Since 1^st OP has paid Rs.50,000/- as advance amount, complainant is entitled to get the balance amount as per Ext.A2.

   With regard to 2^nd OP, it is an admitted fact that 2^nd OP is a finance company, who has given only financial assistance to the complainant for purchasing the vehicle.  Complainant  also deposed that there is no deficiency in service from the part of 2^nd OP.  So 2^nd OP is exonerated from the liability in disbursing the claim amount.

  No  evidence  for the loss sustained to the complainant as a result of failure  of OPs to proceed the claim  in time.

   In the result complaint is allowed in part.  1^st opposite party is directed to pay Rs.61741/-(balance amount from Rs.111741/-) together with Rs.25,000/- towards compensation and Rs.5000/- as cost of litigation to the complainant within one month from the date of receipt of the certified copy of this order.  Failing which Rs.61741/-+25,000/- will carry interest@9% per annum from the date of order till realization.  Complainant can execute the order by filing  execution application as per provision in Consumer Protection Act 2019.

Exts:

A1- policy

A2-  repair Bill

B1- policy schedule

B2-Insurance survey report

PW1-Mathew Kuriakose- complainant

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                         ASSISTANT REGISTRAR