D.o.F:08/08/16
D.o.O:30/3/2017
IN THE CONSUMER DISPUTES REDRESSAL FORUMIDDUKKI
CC.NO.224/16
Dated this, the 30th day of March 2017
PRESENT:
SRI.S.GOPAKUMAR : PRESIDENT
SRI.BENNY.K. : MEMBER
Devassia,S/o Michael, Puveelil Veedu,
Thudanganadu,Muttam : Complainant
Thodupuzha.
(Adv.K.P.Anu)
Branch Manager,ICICI Lombard General Insurance,
1st Floor, Amrutha Tower,
Vellurkunnam Po ,Muvattupuzha Po : Opposite Party
(Exparte)
ORDER
SRI.BENNY.K. : MEMBER
On 8/2/2016 the son of the complainant met with an accident at Arakulam. The vehicle bearing Reg.No.KL 7BG 3262 was duly insured to the opposite party. The policy No.is 3001/M1-02 994695/60 000 dtd.24/8/15. The accident occurred while the policy was in existing. The agent of the company assured the advantage of the policy. As per the assurance complainant had joined the policy. Immediately the accident informed the matter to the opposite party. The complaint appointed an authorized surveyor to inspect the damages caused to the vehicle and he prepared an estimate of Rs.105893. After repairing the vehicle the authorized service center issued a bill of Rs.1,06,492/-. The complainant duly applied for getting the repair charges from the opposite party. But the opposite party have give only Rs.47015/- without any explanation. The opposite party have never revealed the exact information about the policy amount to the insurer and also not disbursed the balance repairing charges of the vehicle. It is a gross deficiency in service from the part of the opposite party So this petition is filed for getting the balance amount of Rs.59477/- with compensation.
In spite of the notice opposite parties never appeared nor contended the case. Hence set exparte.
3. The point for consideration is whether there is any deficiency in service on the part of opposite party and if so for what relief the complainant is entitled to ?
4. The evidence consist of oral testimony of PW1 and Exts.P1 to P12 marked on the side of the complainant . Opposite party set exparte.
5. The Point: The complainant’s car met with an accident on 8/2/16 while the son of the complainant driving the vehicle at Arakulam. The vehicle bearing Reg.No.KL 7BG 3262 was duly insured with the opposite party. The policy No.is 3001/M1-02 994695/60 000 dtd.24/8/15. The accident was occurred while the policy in existing. . Immediately the complainant informed the accident in the Kanjar Police station, copy of GE extract marked as Ext.P12, and the opposite party an authorized surveyor inspected the damages and prepared an estimate of Rs.1,05,893/- for the repair charges.. The vehicle was repaired in the authorized work shop and they issued a bill of Rs.1,06,492/-. The complainant duly submitted the bill along with all other documents for getting the insurance amount. But the opposite party have given only Rs.47,015/- without any explanation. The opposite party never revealed why they are not sanctioned the full amount for the repair. We find it is a gross deficiency in service on the side of opposite party to denied the disbursed balance repairing charges without any reason. Moreover, inspite of the notice opposite party is turned up . Hence they set exparte.
Hence the petition is allowed. The opposite party is directed to pay the balance amount of Rs.59,477/- with 9% interest to the complainant. The opposite party is also directed to pay Rs.5,000/- as compensation and Rs.1000/- as cost of proceedings within 30 days from the date of receipt of copy of this order. Failing which opposite party shall carry interest at 12% per annum for the above said amount from the date of default till realization .
Pronounced in the open forum on this the 30th day of March 2017
SRI.BENNY.K. : MEMBER
SRI.S.GOPAKUMAR : PRESIDENT
Exts:
P1-to P9-copy of Invoice bills
P10-letter issued by Pw1 to opposite party
P11-copy of certificate cum policy schedule
P12-copy of GE extract issued by Kanjar Police station
PW1-Devasia Michael-complainant
eva
