Tamil Nadu

South Chennai

CC/105/2017

ABC Polymers India Pvt Ltd - Complainant(s)

Versus

The Branch Manager, The National Insurance Co Ltd - Opp.Party(s)

K.Ramesh

22 Jan 2019

ORDER

                                                                      Date of Filing  : 13.02.2017

                                                                   Date of Order : 22.01.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

             

C.C. NO.105/2017

DATED THIS TUESDAY THE 22^ND DAY OF JANUARY 2019

M/s. ABC Polymers India Pvt. Ltd.,

Represented by its Managing Director

Mr. P.S. Maran,

Having its Registered Office at:-

AJ Block, Old No.108, New No.23,

2^nd Street, Anna Nagar,

Chennai – 600 040.                                                    .. Complainant

..Versus..

 

1. The Branch Manager,

The National Insurance Co. Ltd.,

Mylapore Branch,

No.74/1, PS Sivasami Salai,

Mylapore,

Chennai – 600 004.

 

2. M/s. Jubliant Nissan,

Authorised Service /repairer,

Nissan Car,

Rep. by its Manager,

No.301, Anna Road,

Gerugambakkam,

Chennai – 602 101.                                                  .. Opposite parties.

 

Counsel for complainant            :  M/s. K. Ramesh & another Opposite parties 1 & 2               :  Exparte     

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 prays to pay of a sum of Rs.31,208/- being the amount denied in the name of disallowance by the 1^st opposite party in respect of the bill raised by the 2^nd opposite party towards the repairs attended for the vehicle bearing Registration No.TN 02 BA 0493 and to pay a sum of Rs.1,00,000/- towards compensation for mental agony  and strain with cost to the complainant.

1.      The averments of the complaint in brief are as follows:

The complainant submits that they are the owner of a Nissan Sunny car bearing Registration No.TN 02 BA 0493; which was insured with the 1^st opposite party vide policy No.501701311510001940 for the period 11.08.2015 to 10.08.2016 and was renewed continuously.   The policy covers any damage including vehicle own damage.   The complainant submits that on 20.05.2016, the car met with an accident at Koovathur, ECR road Chennai.   Immediately, the accident was informed to the 1^st opposite party; who appointed a Surveyor to inspect the vehicle in the accident spot and prepared a report including damages to the vehicle.  The Inspection Report and the vehicle was sent to the Authorised Service Centre, M/s Jubliant Nissaan, 301, Anna Road, Gerugambakkam for repair.  The 2^nd opposite party who is the Authorised Service Center, after due rectification of defect and repair raised a bill for a sum of Rs.86,189/- out of which, the 1^st opposite party paid a sum of Rs.54,981/- alone.   The balance amount of Rs.31,208/- was refused to pay by the 1^st opposite party to the authorised service centre, the 2^nd opposite party.  The 1^st opposite party has not given any proper and acceptable reason for evading to make part payment to authorized service centre even after admitting the subsistence of policy and his own vehicle damage.  On account of the callous attitude of the 1^st opposite party, the complainant was forced to pay the due amount and take delivery of the vehicle from the 2^nd opposite party.  The act of the opposite parties caused great mental agony.  Hence this complaint is filed.

2.     Inspite of receipt of notice, the opposite parties 1 & 2 did not appear before this Forum and therefore, the opposite parties 1 & 2 was set Exparte.  

3.     Though the opposite parties 1 & 2 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A8  are marked.   

5.      The points for consideration is:-

1. Whether the complainant is entitled a sum of Rs.31,208/- paid towards repair charges as prayed for?

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost as prayed for?

6.      On point:-

The opposite parties 1 & 2 remained Exparte.  The complainant filed his written arguments.  Perused the records namely the complaint, proof affidavit and documents of the complainant.  Heard the complainant also.  The complainant pleaded and contended that they are the owner of a Nissan Sunny car bearing Registration No.TN 02 BA 0493; which was insured with the 1^st opposite party vide policy No.501701311510001940 for the period 11.08.2015 to 10.08.2016 and was renewed continuously as per Ex.A1.   The policy covers any damage including vehicle own damage.   Further the contention of the complainant is that on 20.05.2016, the car met with an accident at Koovathur, ECR road Chennai.   Immediately, the accident was informed to the 1^st opposite party; who appointed a Surveyor to inspect the vehicle in the accident spot and prepared a report including damages to the vehicle.  Ex.A3 is the Inspection Report and the vehicle was sent to the Authorised Service Centre, M/s Jubliant Nissaan, 301, Anna Road, Gerugambakkam for repair.  The 2^nd opposite party who is the Authorised Service Center, after due rectification of defect and repair raised a bill for a sum of Rs.86,189/- as per Ex.A5 out of which, the 1^st opposite party paid a sum of Rs.54,981/- alone as per Ex.A6.   The balance amount of Rs.31,208/- was compelled to pay by the complainant to the authorised service centre, the 2^nd opposite party.  The 1^st opposite party has not given the reason for evading part payment made to authorized service centre even after admitting the subsistence of policy and muchless own vehicle damage proves the deficiency in service.  The complainant is claiming a sum of Rs.31,208/- with a compensation of Rs.1,00,000/- with cost.  Considering the facts and circumstances of the case, this Forum is of the considered view that the 1^st opposite party shall pay a sum of Rs.31,208/- being the bill amount raised by the 2^nd opposite party and a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.   The 1^st opposite party is directed to pay a sum of Rs.31,208/- (Rupees Thirty one thousand two hundred and eight only) being the bill amount raised by the 2^nd opposite party and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.   The complaint as against the 2^nd opposite party is hereby dismissed.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of Insurance
		Copy of FIR
		Copy of Inspection report
		Copy of Insurance Correspondence
		Copy of invoice from the Service Centre
		Copy of mail correspondence between the complainant and the opposite parties
		Copy of legal notice with acknowledgement card
		Copy of reply notice

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT