Jharkhand

Bokaro

CC/16/59

Shankeswar Kumar Singh - Complainant(s)

Versus

The Branch Manager, Cholamandalam MS. General Insurance Co. Ltd. - Opp.Party(s)

Rajeev Kumar

07 Dec 2022

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-22-06-2016

Date of final hearing-07-12-2022

 Date of Order-07-12-2022

Case No. 59/2016

Shankeshwar kumar Singh S/o Late Abhay Nayan Singh,

R/o- B-147, Shimla Colony, Makoli, P.S.- Chandrapura,

District- Bokaro, Jharkhand

Vs.

1. The Branch Manager,

    Cholamandalam MS. General Insurance Co. Ltd.

    Branch Office- Om Tower, 2^nd Floor, Main Building, Bistupur,

    Jamshedpur, Jharkhand Pin 831001

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                   Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgment-

1. Complainant has filed this case with prayer to direct the O.Ps. to pay Rs. 1,00,398/- as repairing cost of the vehicle, to pay Rs. 50,000/- as compensation on account of various type of harassment and to pay Rs. 5000/- as litigation cost to the complainant.
2. Case of the complainant in short is that he purchased Mahindra Scorpio vehicle having registration No. JH-09-Y-3497 on 17.09.2014 which was hypothecated with the Bank (O.P. No.2) and insured with O.P. No.1 Cholamandalam M.S. General Insurance Co. Ltd. vide policy No. 3362/00938694/000/00 for a period from 17.09.2014 to 16.09.2015 however it met with an accident on 09.03.2015 at Aurangabad causing damage to the vehicle for which intimation to the Insurance co. was given on same day. Further case is that Sri Ram Tapasya Kumar, Surveyor was deputed by O.P. No. 1, who surveyed the matter. Further case is that estimated repairing cost was about Rs. 1,82,691/- and repairing was done at authorized work shop of Mahindra Company, Aurangabad.  Total repair cost was Rs. 1,00,398/- but O.P. No.1 has passed only Rs. 49,842/- which  was not accepted by the complainant . Further case is that surveyor has only assessed the repair cost of the damage related to one side but he has not considered the damage of other side hence Rs. 49,842/- only was sanctioned which was not in accordance with the policy hence legal notice was served repeatedly having no impact, thereafter this case has been filed.
3. W.S. has been filed by O.P. No.1 (Insurance Co.) which is in short that after assessment by the authorized surveyor of this O.P. the amount payable to the complainant is Rs. 49,842/- accordingly it was ordered to be paid but complainant has not accepted it, rather he was adamant that he should be reimbursed the entire bill amount hence payment has not been made.
4.  W.S. has also been filed by O.P. No.2 mentioning therein that this O.P. being Bank is having no liability regarding payment of repair cost etc. occurred due to accident.
5. Only point for consideration is that whether O.P. No.1 is liable to pay Rs. 1,00,398/- or Rs. 49,842/- ?
6. From pleadings of the parties it is apparent that purchase of the vehicle on 17.09.2014 and insurance of said Mahindra Scorpio vehicle having registration JH-09-Y-3497 at relevant time is not in dispute. It is also not in dispute that on 09.03.2015 said vehicle met with an accident within one year of its purchase. Claim of the complainant in respect to payment of Rs. 49,842/- is admitted fact of O.P. No.1. In this way accident of the vehicle on 09.03.2015 and its damage is also not in dispute, similarly repair of the vehicle at authorized workshop is also not in dispute. Only dispute is that in repair of the vehicle as per complainant he paid Rs. 1,00,398/- to the authorized workshop (Annexure-5 retail invoice dt. 21.03.2015) which was to be reimbursed but O.P. No.1 has sanctioned only Rs. 49,842/- as per report of the surveyor (Annexure-6). It is apparent from annexure-5 (photo copy of the retail invoice) that actual repair cost of the vehicle is Rs. 1,00,398/-. The photo copy of the surveyor’s report is annxure-6 but it is not disclosing the fact that on which basis Rs. 49,842/- has been assessed however, it is simple assessment but said report has been prepaired on the basis of invoice dt. 21.03.2015 which has not been annexed with said report. Complainant himself has examined as witness in this case  and has admitted at para 13 that he is having no claim against the Bank. Since vehicle concerned met with an accident within one year of its purchase hence there shall be zero percent depreciation value of the parts changed during repair except the rubber parts etc. As per annexure-5 of the complaint petition some parts are of plastic made which are having value of Rs. 5449/- and fuel item is of Rs. 1376/- similarly compulsory access charge Rs. 2000/- and salvage charge of Rs. 2000/- are not payable.  On calculation it is very much clear that only total Rs. 89,572/- are payable to the complainant by the O.P. No.1 Insurance co. as per terms and conditions of the insurance policy.
7. In light of above discussion we are of the view that O.P. No.1 Insurance Co. is liable to pay total Rs. 89572/- as repair cost of the vehicle concerned instead of Rs. 49,842/- which has already been sanctioned but has not been accepted by the complainant. Accordingly this point is being decided.
8. In light of above discussion, the claim of the complainant is being allowed in the following manner:-

O.P. No.1 (Cholamandalam M.S. General Insurance Co. Ltd.) is directed to pay Rs. 89,572/- to the complainant within 60 days from receipt/ production of copy of this judgment, failing which he shall pay interest @ 10% per annum from 22.06.2016 (the date on which case was filed). Further O.P. No. 1 is directed to pay Rs. 7000/- as compensation and Rs. 5000/- as litigation cost to the complainant within 60 days from receipt/ production of copy of this judgment.

 

 

(J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)