Complaint filed on: 12.07.2016
Complaint Disposed on:03.05.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.76/2016
DATED THIS THE 3rd DAY OF MAY 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
T.C.Shivashnakara,
S/o Late T.N.Chandrashekaraiah,
Aged about 57 years, Advocate,
2nd Cross, Jayanagar, Chikmagalur.
(By Sri/Smt. D.R.Charan, Advocate)
V/s
OPPONENT:
The Branch Manager,
The Oriental Insurance Co., Ltd.,
Branch Office, P.B.No.68, 1st floor,
Nag Nirmal complex, Basavanahalli
Main road, Chikkamagalur city.
(OP By Sri/Smt. N.Devendra Kumar, Advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in not settling the full claim under own damage of the vehicle. Hence, prays for direction against Op to pay an amount of Rs.22,000/- along with interest at the rate of 18% p.a. and compensation of Rs.20,000/- for deficiency in service in the interest of justice and equity.
2. The brief facts of the complaint is that:
The complainant had obtained comprehensive insurance policy vide policy no. 472602/31/2015/7112 towards his car bearing registration no.KA 05/Z 7904. During policy is in force the vehicle of the complainant met with an accident on 24.08.2015, due to which the vehicle suffered damages. The accident was informed to the Op. As per the instruction of the Op the car was brought to M/s.Formula Motors, Chikmagalur for repairs. There afterwards one surveyor on the side of Op was assessed the loss caused to the vehicle of the complainant. The said surveyor has assessed the repair charges to a sum of Rs.22,000/-.
There afterwards Op had send a discharge voucher dated 16.10.2015 for an amount of Rs.10,863/- and obtained the signature from the complainant towards full satisfaction. For which complainant endorsed to claim a difference amount through his letter dated 29.10.2015. Again on 09.11.2015 the Op has sent another discharge voucher for a sum of Rs.10,863/-, though the complainant specifically stated that he has not willing to sign the discharge voucher for full satisfaction of Rs.10,863/-. Anyhow the complainant has sent a discharge voucher by signing and reserving his right to claim for difference amount through a letter dated 13.11.2015, again on 11.12.2015 another reminder was sent to Op stating the said facts. Thereafter this complainant wrote another final letter dated 23.02.2016 stating that complainant has not duly signed clear discharge voucher to issue claim cheque. In this regard complainant has sent one more letter dated 29.02.2016 for payment of the entire claim amount.
The complainant is entitled to receive an amount of Rs.22,000/- towards own damage of the claim as assessed by the surveyor, whereas the Op only ready to pay Rs.10,863/- towards own damage claim. Hence, Op rendered a deficiency in service in not settling the own damage claim of the complainant.
Hence, complainant prays for direction against Op to settlement of the own damage claim along with compensation for deficiency in service as prayed above.
3. After service of notice Op appeared through his counsel and filed version and contended that after receipt of the information with respect to the accident of the vehicle of the complainant this Op appointed one surveyor to assess the loss, after the inspection the surveyor has submitted his survey report on 09.09.2015, as per the recommendation made by the surveyor this Op was prepared to pay an amount of Rs.10,863/- to the complainant and send a discharge voucher to the complainant for signature, but the complainant refused to accept the said amount with full satisfaction. Hence, there is no any deficiency in service on the part of this Op.
It is not true that the surveyor has assessed the loss to the tune of Rs.22,000/- in his survey, the surveyor has suggested this Op to pay Rs.10,863/- after depreciation and basing on the said survey report only this Op had prepared to pay the said amount, but complainant has not accepted the said amount. Having no option this Op has closed the own damage claim filed by the complainant as the complainant is not responding properly. Hence, prays for dismissal of the complaint.
4. Complainant filed affidavit and marked documents as Ex.P.1 to P.12. Op also filed affidavit and marked documents as Ex.R.1 to R.8.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OP.
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Negative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. The case of the complainant is that he insured his vehicle with Op vide policy no. 472602/31/2015/7112 which is valid from 22.01.2015 to 21.01.2016. During policy is in force i.e., 24.08.2015 the vehicle met with an accident and suffered damages. After the survey report the complainant claimed for compensation under the head of own damage claim, for which Op has only ready to pay an amount of Rs.10,863/- instead of Rs.22,000/- as assessed by surveyor. Hence, alleges a deficiency in service on the part of Op.
9. On contrary Op had taken a contention that they have prepared the own damage claim settlement and send the discharge voucher for Rs.10,863/- basing on the survey report only and also submits they are paying the said amount under the head of own damage claim as per the terms and conditions of the policy. Hence, submits they are not liable to pay claim made by complainant and prays for dismissal of the complaint. The Op produced the survey report prepared by one IRDA approved surveyor K.Gopalakrishna marked as Ex.R.3.
On going through the said survey report we noticed that the said surveyor has assessed the loss towards the vehicle after depreciation to the tune of Rs.10,863/-. Accordingly the Op was send a discharge voucher to the said amount for signature, but the complainant refused to sign the discharge voucher and insisted for payment of Rs.22,000/-. But complainant had not produced any materials to show he is entitled to get Rs.22,000/- towards his own damage claim, the said surveyor has categorically depreciated item wise repairs as per the terms and conditions of the policy and he suggested to pay an amount of Rs.10,863/-. Hence, complainant is only entitled to get the said amount under own damage claim. We found there is no deficiency in service on the part of Op in sending a discharge voucher for the said amount. On the other hand complainant failed to establish that he is entitled to get an amount of Rs.22,000/- as per the survey report. As such the complaint is liable to be dismissed and for the above said reasons, we answer the above point no.1 and 2 in the Negative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is hereby dismissed. No order as to costs.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 3rd day of May 2017).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex.P.1 - Copy of the R.C.-.
Ex.P.2 - Office copy of the Notice.
Ex.P.3 - Copy of the discharge voucher.
Ex.P.4 - Letter issued by Op to complainant.
Ex.P.5 - Anther letter issued by Op to the complainant dtd:13.11.2015.
Ex.P.6 - Another discharge voucher for Rs.10,863/-.
Ex.P.7 & 8 - Letters dtd:11.12.2015 & 29.02.2016 issued by complainant
to Op
Ex.P.9 - Reply to the said letter sent by Op dtd:23.02.2016.
Ex.P.10 to 12 - 3 acknowledgment due.
Documents produced on behalf of the OPs:
Ex.R.1 - Authorization letter issued by Op.
Ex.R.2 - Copy of the Insurance Policy with terms & conditions.
Ex.R.3 - Survey final report.
Ex.R.4 - Copy of the Maruthi service circular.
Ex.R.5 - Claim form given to Op.
Ex.R.6 to 8 - 3 letters issued by Op to complainant.
Dated:03.05.2017 President
District Consumer Forum,
Chikmagalur.
RMA
