BEFORE THE DISTRICT CONSUMERS FORUM: KURNOOL Present: Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member, PRESIDENT (FAC) And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Tuesday the 22nd day of January, 2013 C.C.No.79/2012 Between: G.Kuppa Swamy, S/o G.Venkata Swamy, R/o D.No.62-248, Chidambha Rao Street, Kurnool – 518 001. …Complainant -Vs- Bajaj Allianz General Insurance Company Limited, Represented by its Branch Manager, Alankar Plaza, 3rd Floor, Park Road, Kurnool – 518 001. ...Opposite ParTy This complaint is coming on this day for orders in the presence of Sri D.Kumara Swamy, Advocate for complainant and opposite part called absent and upon perusing the material papers on record, the Forum made the following. ORDER (As per Smt.S.Nazeerunnisa, Lady Member) C.C. No.79/2012 1. This complaint is filed under section 12 of C. P. Act, 1986 praying:- (a) To direct the opposite party to pay the insured’s/complainant insurance claim amount of Rs1,02,632/- with minimum interest and award mental agony for Rs.10,000/- as the complainant suffered lot for the last 2 years and costs of the complaint as against opposite party and further order, reliefs as the Honourable Forum deems fit and proper in the circumstances of the case, in the interest of justice. 2. The case of the complainant in brief is as under:- The complainant is the owner of the vehicle bearing No.AP21 X 9842 TATA Winger. He insured the said vehicle with opposite party under the policy bearing No.OG/09/1806/1812/00000443 and it was valid from 21-10-2009 to 20-10-2010. On 12-04-2010 the said vehicle met with an accident and got damaged near Ponpadi Check Post in Tamil Nadu Border. The complainant registered a case before Thiruttani Police Station in C.S.R.No.312/2010 dated 14-04-2010. Immediately after the incident, the complainant informed the same to opposite party. The vehicle was got repaired at M.G. Brothers servicing centre, Chittor District. The opposite party appointed a surveyor, and the said surveyor inspected the damage vehicle and collected all the relevant documents and assessed the loss. The complainant spent a sum of Rs.1,02,632/- for repairs of his damaged vehicle, subsequent to the claim, the complainant personally requested opposite party to settle the claim of the complainant but opposite party did not respond. At last opposite party issued a letter dated 20-11-2010 stating that the claim of the complainant is closed as “No Claim”. There is deficiency of service on the part of opposite party. The complainant has undergone mental agony having already incurred Rs.1,02,632/- expenditure for repairs of his vehicle. Hence the complaint. 3. Opposite party called absent and set exparte. 4. On behalf of the complainant Ex.A1 to A7 are marked and sworn affidavit of the complainant is filed. 5. Complainant filed written arguments. 6. Now the points that arise for consideration are: i. Whether there is deficiency of service on the part of opposite party? ii. Whether the complainant is entitled for the reliefs as prayed for? iii. To what relief? 7. POINTS i and ii:- It is the case of the complainant that he insured the vehicle bearing No.AP 21 X 9842 with opposite party under the policy bearing No.OG/09/1806/1812/00000443, and it was valid from 21-10-2009 to 20-10-2010. The insurance cover note is marked as Ex.A1. On 12-04-2010, the accident took place near Ponpadi Check Post Tamil Nadu Border. Due to the accident the vehicle was damaged. The complainant lodged complaint before Thiruttani Police Station in C.S.R.No.312/2010 dated 14-04-2010, which is marked as Ex.A3. The complainant informed the same to opposite party. The opposite party appointed a surveyor, the said surveyor inspected the vehicle and assessed the loss. The damaged vehicle was got repaired at M.G. Brothers Show Room Chittor District. The learned counsel appearing for the complainant argued that the complainant spent an amount of Rs.1,02.632/- for repairs of his vehicle. The complainant filed Ex.A4 to Ex.A7. Ex.A4 is the Two Tax Invoice paper with are bill contained total worth of Rs.7,757/- + 2,000/- dated 25-06-2010. Ex.A5 is the Certificate along with four bills worth of Rs.36,990/- dated 24-06-2010. Ex.A6 is the Tax Invoice bill worth of Rs.55,885/- dated 25-06-2010. Ex.A7 is the vehicle release letter dated 24-06-2010. The complainant personally requested opposite party to settle the claim. The opposite party did not respond. The opposite party closes the claim of the complainant as “No Claim” under Ex.A2 dated 20-11-2010. As seen from Ex.A1 it is clear that the complainant insured the said vehicle with opposite party. The vehicle was met with an accident and damaged, the complainant lodged report under Ex.A3 in C.S.R.No.312/2010 before Thiruttani Police Station. As per Ex.A4 to Ex.A7 it is clear that the complainant incurred Rs.1,02,632/- expenditure for repairs of his damaged vehicle. We found that there is deficiency of service on the part of opposite party. Hence the complainant is entitled for the said claim amount, under the policy. 8. In the result, the complaint is partly allowed directing the opposite party to pay a sum of Rs.1,02,632/- to the complainant within one month from the date of this order along with costs of Rs.1,000/-. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 22nd day of January, 2013. Sd/- Sd/- LADY MEMBER PRESIDENT (FAC) APPENDIX OF EVIDENCE Witnesses Examined For the complainant : Nil For the opposite party : Nill List of exhibits marked for the complainant:- Ex.A1 Motor Vehicle Cover Note. Ex.A2 Letter dated 20-11-2010 send by the opposite party No.2 to complainant. Ex.A3 FIR in C.S.R.No.312/2010 dated 14-04-2010 Thiruttani Police Station, Tamil Nadu State. Ex.A4 Two Tax Invoice papers along with Bills. Ex.A5 Certificate along with four bills worth of Rs.36,990/- dated 24-06-2010. Ex.A6 Tax Invoice bill worth of Rs.55,885/- dated 25-06-2010. Ex.A7 Vehicle release letter dated 24-06-2010. List of exhibits marked for the opposite party :- NILL Sd/- Sd/- LADY MEMBER PRESIDENT (FAC) // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987// Copy to:- Complainant and Opposite parties : Copy was made ready on : Copy was dispatched on : | 
