Complaints filed on: 02-11-2022
Disposed on: 05-06-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 5th DAY OF JUNE 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
CC.No.168/2022
Sri. Sumith Ravindra Pawar
S/o Late Ravindra Ganapathi Pawar,
Aged about 22 years,
TGT Gold Testing Shop,
Gumchi Circle, Tumakuru.
……….Complainant
(By Sri. B.A.Gururaja, Adv.,)
V/s
The Branch Manager,
Oriental Insurance Co., Ltd.,
Branch Office, 1st Floor,
TGMA Building, J.C.Road,
Tumkur.
……….Opposite Party
(Smt. Indramma B.S., Avd.,)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint has been filed by the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OP to pay a sum of Rs.9,15,000/- with interest @ 24% PA till the realization of the entire amount and Rs.1,00,000/- towards damages as compensation and Rs.1,00,000/- towards litigation expenses and other incidentals.
2. The brief facts of the complaint are as under:-
The complainant purchased TATA PUNCH ACC 102P BS6 MT car bearing registration No.KA:06:MA:2689 on 31.01.2020 and same was insured with the OP and the police is valid from 24.01.2022 to 23.01.2023, when such being the case, on 27.01.2022 at about 8.30 AM, the car was burnt with fire accident due to un known reasons and in that regard a complaint was given to Tilak Park Police Station on 14.02.2022 and the Fire Extinguisher Department also issued certificate on 16.02.2022 and the same was intimated to OP and thereafter the Branch Manager of OP visited the spot and took photos. It is further submitted that when the complainant issued notice through e-mail, the OP has replied stating that “fire incident is not due to technical problems and therefore the OP is unable to proceed further and hence asked to contact with dealer and get the technical official report from TATA motors”. As per the advice, the complainant obtained official report from TATA motors and sent same to OP on 14.09.2022 and thereafter also sent so many notice to the OP through e-mail, but on 26.09.2022 complainant received letter from regional office of OP at Bangalore stating as “OEM TATA motors report, thermal report from TATA motors, the claim does not fall under the scope of policy and it goes to show that this is a case of manufacturing defect which does not fall under the scope of the policy and the claim is repudiated and treated as NO CLAIM”. Thereafter the complainant enquired regarding refusal of the claim, but the OP said sorry and refused to settle the claim. Hence, the complainant issued legal notice on 27.09.2022, but the OP remained silent though received notice. Hence, the complaint.
3. After receipt of notice, the OP appeared, but not filed the version in spite of sufficient time was granted.
4. The complainant has filed his affidavit evidence and marked the documents at Ex.C1 to C17. Sri. Ashok Lenin, Deputy Manager, of OP filed the affidavit evidence on behalf of OP and marked the documents as Ex.R1 to R3.
5. We have heard the arguments complainant. OP counsel files written arguments and submits that there is no oral argument on their side. The complainant also filed written arguments.
6. On perusal of complaint, affidavits and copies produced by both parties, the points that would arise for our consideration are:
- Whether there is any deficiency in service on the part of OP?
- Whether complainant is entitled for reliefs sought for?
7. Our findings to the aforesaid points are as under:
Point No.1: Partly in the affirmative
Point No.2: As per the final order.
:REASONS:
8. The complainant purchased TATA PUNCH ACC 102P BS6 MT car on 31.01.2020 and same was insured with the OP and the policy is valid from 24.01.2022 to 23.01.2023. On 27.01.2022 at 8.30 AM, the car was burnt with fire accident due to unknown reasons and in this regard a complaint was given to Tilak Park Police Station on 14.02.2022. The Fire extinguisher Department also issued certificate on 16.02.2022 i.e. Ex.C5 and the same was intimated to OP.
9. As per instructions/advise of the OP, the complainant obtained official report from TATA Motors i.e. Ex.C10 and sent the same to OP on 14.09.2022. After obtaining the reports, the OP repudiated the claim of the complainant stating as “OEM TATA Motors report, thermal report from TATA motors, the claim does not fall under the scope of policy and it goes to show that this is a case of manufacturing defect which does not fall under the scope of the policy and the claim is repudiated and treated as “No Claim”.
10. In the FIR/Ex.C3, the reasons for fire accident mentioned as “AiÀiÁªÀÅzÉÆà vÁAwæPÀ zÉÆõÀ¢AzÀ PÁjUÉ ¨ÉAQ ºÀwÛPÉÆArgÀÄvÀÛzÉ”. In the fire Department certificate/Ex.C5, issued by the Fire Department, dated:16.02.2022, not discloses any reasons for fire. In the report of TATA motors/ExC.10 issued on 19th February 2022, mentioned the reason as “we have investigated the matter and identified that the fire incident took place in the car is accidental in nature and not because of manufacturing defect and further mentioned that “As the incident is accidental in nature, we request you to recommended insurance team to consider this under the purview of insurance policy”.
11. In reply to the legal notice of complainant i.e. Ex.C14, the OPs specifically stated in Para-16 that “The Final Surveyor and Loss Assessor who inspected the burnt vehicle has opined that since the engine room and inside the car is totally burnt, it is difficult to identify the origin of fire. However, the Surveyor assessed the loss at Rs.9,09,000/- on total loss basis.
12. The OP has not challenged the TATA motors report by producing expert opinion or other any evidence in this regard. Hence, considering the above facts and circumstances and TATA motors report, it is just and proper to direct the OP to settle the claim of the complainant for Rs.9,09,000 along with interest @ 8% PA from the date of repudiation i.e.14.09.2022 to till realization. Due to the act of the OP, the complainant compelled to approach this Commission and thereby caused mental agony. Hence, the OP is liable to pay Rs.10,000/- as compensation and Rs.10,000/- as litigation expenses. Accordingly, we proceed to pass the following:-
:ORDER:
The complaint filed by the complainant is allowed in part.
The OP is directed to pay Rs.9,09,900/- to the complainant by receiving the salvage and also directed to pay interest @ 8% PA on Rs.9,09,900/- from the date of repudiation i.e.14.09.2022 to till realization.
The OP is further directed to pay Rs.10,000/- as compensation and Rs.10,000/- as litigation expenses to the complainant.
The OP is directed to comply the above order within 45 days from the date of receipt/knowledge of the order.
Supply free copy of this order to both parties
