| Final Order / Judgement | Complaint filed on:11-09-2023. Disposed on:17-04-2024 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU DATED THIS THE 17th DAY OF APRIL, 2024 //:PRESENT://SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER CC.No.124/2023 Sri.Chandrashekar S/o Rajanna, Aged about 55 years, R/o Gowdagere Hobli, Sira Taluk, Naduru, TUMKUR-572 135 M. No:9148148008 ……………….Complainant/s (By Sri.T.Ramaiah, Advocate) V/s 1. The Authorised Signatory/Proprietor, Sri Vijayasarathi Service Station, Javanagondanahalli, P.B.Road, H.P.Petrol Bunk, N.H-4 Road, Hiriyur Taluk, Chitradurga District. Karnataka. 2. The Manager, ZUNO General Insurance Ltd., (Formerly known as Edelweiss General Insurance Co.Ltd.,) Kamala Arcade, 1st Floor, New No:71, (old No.88/A) 26th Cross, Jayanagara, 9th Block, BANGALORE-560 069 ……………….Opposite Party/s (OP1 - by T.K.Jayaram – Advocate) (OP2 –by N.V.Naveen Kumar– Advocate) : O R D E R : BY SRI.KUMARA.N - MEMBER This Complaint is filed by the complainant to direct the Opposite Parties to pay Rs.1,83,802/- along with diesel cost of Rs.4,250/- and analysis report charges Rs.10,030/- in total Rs.1,98,082 along with 9% interest from the date of filing this complaint. The complainant further prayed to direct the Opposite Parties to pay Rs.5,00,000/- towards damages, Rs.5,00,000/- towards compensation for deficiency of service and mental agony and Rs.3,00,000/- towards negligence act and towards cost of litigation in total Rs.13,00,000/- to the complainant. 2. In this case, the Opposite Parties are the Authorised signatory/Proprietor, Sri Vijayasarathi Service Station, Javanagondanahalli, P.B Road, H.P.Petrol Bunk, N.H-4 Road, Hiriyur Taluk, Chitradurga District (hereinafter called as OP1) and the The Manager, ZUNO General Insurance Ltd., (Formerly known as Edelweiss General Insurance Co. Ltd.,) Kamala Arcade, 1st Floor, New No:71, (old No:88/A), 26th Cross, Jayanagara, 9th Block, BANGALORE-560 069 (hereinafter called as OP 2) respectively. - It is the case of complaint for the complainant being owner of TATA SAPARI XZ BS6 car vides its Engine No.46343885-4180070 vehicle No.KA-06MA5775 and the said vehicle insured OP No.2. Accordingly, ID value of the vehicle is Rs.25,00,000/- and the insurance is filed from 22.7.2023 to 21.07.2024 (own damage period) and motor liability policy No.3001/TMP-100091516/00/000(ILG), motor liability period is 22.07.2022 to 21.07.2025. The complainant further submits that on 21.07.2023 at 1-02 p.m, while he is on the way to on Chitradurga from Sira he has filled the diesel to this above said the car in OP No.1 after making payment of Rs.4,250/- through online i.e., Google pay from his account. After filling the diesel the complainant car moved towards Chitradurga, after reached approximately 20 Kms, immediately the vehicle stopped and the vehicle unable to move further and on checking the same the complainant came to know that car engine was seized. Then the complainant took the vehicle to Durga Car Service Pvt. Ltd., by towing the car. After checking the said care Durga Car Service Pvt. Ltd., has estimation of repair of the vehicle for Rs.1,83,802/- and the said car is still in Durga Car Service Pvt. Ltd., at Chitradurga. The reason for seizing the engine is due to insoluble content in the Diesel i.e., water has been mixed with the Diesel. With this complainant has lodged and complaint to the Rural Police Station Hiriyur on 28th July 2023. The complainant further submits that on 7th August 2023. The complainant taken sample of Diesel from his car and send it for analysis to the Shiva Analytical (India) Private Limited, Bangalore and complainant got the result after the analysis as Top layer-clear yellow colored transparent solution free from visible contamination, Bottom layer-light brown colored solution with visible suspended particle, Metallic Elements in Diesel insoluble content. With this report it clearly discloses that there is an insoluble content in the Diesel as a result said the car seized. Complainant paid Rs.10,030/- towards analysis report. The complainant on 17.08.2023 send the legal notice to the OP Nos.1 and 2, notice to OP No.1 duly served and OP No.2 returned with Shara “Addressee left” and the complainant further on 28.08.2023 send the another legal notice of OP No.2 which was duly served. The OP No.1 replied to the complainant legal notice by doing the allegation made by the complainant and OP No.2 not given any reply, hence, this complaint.
- After the complaint registered, commission notices served to the OP Nos.1 and 2. Sri. T.K.Jayaram and Sri. N.V.Naveen Kumar files power for OP Nos.1 and 2 respectfully. The OP No.1 filed version after 45 days, notice served by considering the apex court order version of the OP No.1 rejected & the OP No.2 filed version contending that, on the date of cause of action i.e., 21.07.2023, the insurance policy issued by the OP No.2 was not in force and as the complainant not intimated the matter to OP No.2 within stipulated time this OP has not liable and prays to dismiss the complaint.
- . The complainant filed affidavit evidence & filed some documents, which were not marked. The OP No.1 not filed version, affidavit evidence of OP No.1 not considered. Counsel for OP No.2 filed affidavit evidence with one document which is marked as Ex.R1. Heard the arguments from the OP No.1, OP No 2, and the complainant counsel & on perusal of pleadings, evidence and documents of both sides.
6. The points that would arise for our consideration are:- - Whether the complainant proves the negligence/deficiency in service on the part of OPs?
- Is complainant entitled to the reliefs sought for?
7. Our findings on the aforesaid points are as follows: Point No.1: Negative Point No.2: As per below order :R E A S O N S: Point Nos.(1) & (2):- - The complainant counsel argued that, the complainant on 21.07.2023 at 1-02 p.m, while he is on the way to on Chitradurga from Sira he has filled the diesel to his car from the OP No.1 by paying Rs.4,250/- through online i.e., Google pay from his account. After filling the diesel the complainant car moved towards Chitradurga, after reached approximately 20 Kms, immediately the vehicle stopped and the vehicle unable to move further and on checking the same the complainant came to know that car engine was seized. Then the complainant took the vehicle to Durga Car Service Pvt. Ltd., by towing the car. After checking the said care Durga Car Service Pvt. Ltd., has estimated the repair cost of the vehicle to Rs.1,83,802/- and the said car is still in Durga Car Service Pvt. Ltd., at Chitradurga. The complainant on 7th August 2023, taken sample of Diesel (1000ml) from his car diesel tank and send it for analysis to the Shiva Analytical (India) Private Limited, Bangalore and the test report stated that the reason for seizing the engine is due to insoluble content in the Diesel i.e., water has been mixed with the Diesel. The complainant submits that diesel supplied by the OP No 1 is in contamination with the water, as a result the car engine seized, hence the OP No 1 is liable to pay the compensation and the said car is having the valid insurance policy (Own damage), accordingly the OP No 2 is also liable to pay the compensation to the complainant and prayed to allow complainant and award the compensation prayed. The complainant produced copy of Google transaction Xerox, Broker Details, vehicle nuts and bolts, Acknowledgment, To Shiva Analyticals India Pvt Ltd., Google Transaction, Analysis Report, Legal Notice, Postal Cover, Acknowledgement Cover, Reply notice, Aadhaar Xerox, .
9. The OP 1, counsel argued that the OP No 1 is an authorized dealer of Hindustan petroleum corporation Ltd (HPCL), an government of India enterprises, distributing diesel, petrol & oil to the end-users in this part which were supplied by the HPCL terminal Hassan, accordingly on 21-07-2023 i.e. the date of the complainant allegation that the this OP No 1 supplied diesel contaminated with water to his car, on the same day OP No 1 sold 8000 liters of diesel to the different end users, so far no one raised the complaint except this complainant. The HPCL used to conduct random inspection and conducted random sample test of the diesel supplied on 21-07-2023 by the HPCL, the result is normal. The complainant allegation of the OP No 1 supplied the diesel contaminated with water by believing the analysis report of Shiva Analytical (India) Private Limited, Bangalore, the OP No 1 strongly contended that, the complainant on 7th August 2023, taken sample of Diesel (1000ml) from his car diesel tank and send it for analysis without intimation to the proper authorities like Assistant director of food & civil supplies, & weight & measures and even to this OP No 1, and the moreover the Shiva Analytical (India) Private Limited, Bangalore, is not recognized by the Government authorities Hence the OP No 1 counsel prayed to dismiss the complaint. - . The OP No 2 counsel argued that, admitted the facts that the complainant being owner of TATA SAPARI XZ BS6 car vides its Engine No.46343885-4180070 vehicle No.KA-06MA5775 and the said vehicle insured with the OP No.2. Accordingly, ID value of the vehicle is Rs.25,00,000/- and the insurance is valid from 22.7.2023 to 21.07.20244 (own damage period) and motor liability policy No.3001/TMP-100091516/00/000(ILG), motor liability period is 22.07.2022 to 21.07.2025. The OP No 2 counsel submitted that, on the date of cause of action or incidence happened i.e. car engine seized i.e. 21-07-2023, the (own damage) policy was not in force and the complainant on 17-08-2023 issued legal notice instead of intimating on the date of damage, and this OP No 2 would have appointed surveyor to assess the vehicle damage, hence the OP No 2 prayed to dismiss the complaint. The OP No.2 produced copy of Ex.R1 Random Inspection Report, Mobile Lab Test Report for High Speed Diesel, Reply notice, Letter of Appointment, For Dealer Owned Outlets,
- Following are some of the most common causes of the engine seizing or locking up.
- Low oil
- Faulty spark plugs
- Carbon buildup
- Worn engine parts
- Mechanical issues
- Lack of maintenance
- Lack of coolant
There are several reasons why diesel fuel may contain water, and it’s one of the biggest enemies of diesel-powered engines. Water in diesel fuel can occur for a variety of reasons with it entering fuel during transit, storage or handling. It’s important to know the warning signs of water in the diesel fuel. The engine experiences symptoms, when it has water injected into it. Visually inspect for fuel cloudiness as this would indicate the presence of water. Look for rough starting and erratic idling. Water in fuel can also lead to white or even black exhaust smoke. Water can even lead to engine cutting out completely, especially during acceleration (https://fppf.com). 12. In this case, it’s clear that that the complainant filled the diesel on 21-07-2023, from the OP No 1 and as alleged by the complainant that after filling the diesel the complainant moved with his car to around 20 km from the OP No 1 spot and there the car engine seized, to prove that the car engine seized only due to the diesel filled by the OP No 1, which is contaminated with water, the complainant not produced any believable evidences, since the car engine seized due to several reasons as explained in para 11 of the above. The complainant not produced any documents to show that the engine oil, coolant were sufficient in the car engine and periodical maintenance done and on the date of cause of action, i.e. engine seized date 21-07-2023. Moreover the policy issued by the OP No 2, was not in force. In view of the above discussion, this commission is of the opinioned of the complainant not proved any deficiency of service on the part of OP No 1 and OP No 2; accordingly we proceed to pass the order as; :O R D E R: Complaint filed by the complainant is dismissed against OP No 1 and OP No 2 with No costs. | |
