BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.33/2018

DATE OF FILING: 22/02/2018
 

ORDER DATED: 8^th day of February, 2019

   P r e  s e n t: 

01) Smt. Sharada. K.                                                   President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                            Lady Member…

                            B.A (Music)

       V/s

JUDGEMENT DELIVERED BY SMT.SHARADA.K.PRESIDENT

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) seeking direction to OPs to pay Rs.5,66,427/- with 18% interest from the date of accident till to the realization, Rs.1,00,000/- towards mental agony and harassment caused to the complainant, Rs.5,000/- towards cost of proceedings and any other reliefs as the Forum deems fit under the circumstances of the case.

2.    The brief fact of the case are as follows:

The complainant is the permanent resident of Bagalkot and complainant had purchased the vehicle Hyundai Accent 1.1. CRDI MTS and it’s Engine No.D3FAGM042251 and Chassis No.MALA841DLGM16755 Car No.KA-29 N-1888 and by paying premium Rs.16,806/- at Hyundai showroom Bagalkot complainant had insured his vehicle through O.P.No.1 and its policy No.1416272311002306 and IDV value is Rs.5,66,427.00. The complainant states on 18/11/2017 the above said car has met with an accident at Benakatti Cross near Bagalkot and complaint was also registered in the rural Police Station Bagalkot on 20/11/2017, after that complainant had give the intimation of accident to opponent through his mobile. O.P.No.1 has suggested that we will appoint the surveyor for inspection of the damaged vehicle at spot but O.P.No.1 had not at all arrange the surveyor. Further complainant had brings the damage vehicle to Hyundai showroom Bagalkot. Complainant had meet O.P.No.1 office several time but O.P.No.1 had not at all response to the complainant. Further it is submits that till date damage vehicle is laying in Hyundai showroom Bagalkot. Finally complainant had approached his counsel and issue legal notice to the O.P.No.1 and 2 on 21/12/2017 to arrange the surveyor to inspection of the vehicle but till today opponents are not at response to the legal notice. Hence, it clearly shows that the OP made the deficiency in service, breach of trust and unfair trade practice towards the complainant. Hence, the complainant constrained to file this Complaint seeking direction to OPs to pay Rs.5,66,427/- with 18% interest from the date of accident till to the realization, Rs.1,00,000/- towards mental agony and harassment caused to the Complaint, Rs.5,000/- towards cost of proceedings and any other reliefs as the Forum deems fit under the circumstances of the case. 

3.      After receipt of notice, O.P.2 appeared through his counsel and OP No.2 not filed any affidavit, Written Version before the Forum. O.Ps. No.1 and 3 called out absent. Hence place ex-parte.

4.      To prove the case of the complainant, tendered affidavit evidence and placed following documents: 

1. Original Insurance Policy copy.

2. Vehicle Panchanama.

3. Xerox copy of insurance smart card.

4. Xerox copy of RC.

5. Legal notice.

6. Postal receipt.

7. Postal Acknowledgement.

8. Job Estimation dated 12/01/2018.

5. On the basis of above said pleading, oral and documentary evidence, the following points arises for adjudications are as follows:  

Our Answer to the above points are:-

Point No.1 – Affirmative.

Point No.2 - Partly Affirmative

Point No.3 - As per the final order for the following:

R E A S O N S

          6.  POINT NO. 1& 2:  The complainant filed this complaint against the OP’s stating that, he had purchased the policy with OP bearing No.1416272311002306 it is in force between 13.05.2017 to 12.05.2018. On 18.11.2017 the car was met with an accident the FIR had been registered in rural police station of Bagalkot and intimated the same to OP through the mobile of the complainant, the OP No.1 answered that they will appoint the surveyor for the inspection of the damage vehicle at spot. But, they do not do so hence the vehicle has been shifted to Hyundai Show Room Bagalkot, as per the contention of the complainant he had visited O.P. No.1 several times but they do not helped the complainant, hence complainant issued the legal notice on 21.12.2017 but they did not respond to the notice or not arrange a surveyor.

On-going through the records on file and the order sheet OPs No.1 and 3 have place ex-parte and OP No.2 appeared before the forum not filed any objection to the complaint, heard behalf of the complainant and written argument filed while arguing the matter forum itself put the question to the complainant without assessment or estimation forum cannot order as per the prayer of the complainant, hence complainant filed the estimation before the forum. On-going through the job estimation filed by the complainant in this invoice job estimation has been furnished is belong to 1 Narayana Car Pvt Ltd. and it has been taken on 12.01.2018. But as per the complaint complainant himself submits that, car is at Hyundai show room bagalkot but the estimation is somewhere from bijapur (vijayapur) when the car is at bagalkot how can estimation has been issued by bijapur service center Narayana Car Pvt, Ltd. off course a surveyor visited Hyundai show room and asses the loss of the vehicle but, Complainant failed to give full prove to say that, the vehicle is damage at the extent of five lack and plus what he claim in the complaint hence, forum come to the conclusion that Op’s are not Co-operated with the complainant and even not filed any written version or defend their case behalf of them since we are in a conclusion that the claim is allowed in a non-standard basis i.e. 50% of IDV value has to be paid to the complainant. Hence we answer point No.1 in affirmative; Point No.2 is in partly affirmative. 

          7)  POINT NO. 3:   In view of our findings on the above points, In the result, we pass the following: 

//O R D E R//

1. The complaint is partly allowed.
2. Further complainant is entitled for Rs.2,83,213/- with interest @ 8 % from the date of accident.
3. Further OP’s are directed to pay this amount within one month from date of this order failing which OP’s are liable to pay interest @ 12% from the date of accident till realization.
4. Further Op’s are directed to pay Rs.10,000/- towards mental agony and harassment and Rs.1,000/- cost of the proceedings.
5. Parties have to bear their own cost.
6. Send the copies of this order to the parties free of cost.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 8^th day of February 2019)