By. Sri. Chandran Alachery, Member:
The complaint if filed under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to pay a sum of Rs.67,459/- towards the total loss sustained to the complainant with 18% interest and Rs.20,000/- as cost of the proceedings.
2. Brief of the complaint:- The complainant insured his Motor Bike bearing Registration No. KL 12 H 5240 with opposite party and the validity of insurance period is 17.01.2013 to 16.01.2014. The complainant met with an accident while traveling in bike by hitting a KSRTC bus behind the bike on 19.02.2013. The bike thereby totally damaged. The complainant informed about the accident to the opposite party and opposite party's Surveyor inspected the vehicle and filed report. But so far, the opposite party did not give the policy amount to the complainant for a total loss. The act of the opposite party is nothing but deficiency of service. Hence this complaint.
3. On receipt of complaint, Notice was issued to opposite party and opposite party appeared before this Forum and filed version. In the version opposite party contented that the complaint is premature and the opposite party received the Survey Report only on 11.12.2013. On 16.12.2013 the opposite party asked the complainant to produce the copy of FIR, consent letter and original policy of insurance from the complainant. But complainant did not respond. The opposite party is willing to settle the claim on salvage loss basis on getting the above documents. The Surveyor assessed the net liability as salvage loss basis sum of Rs.44,649.78/- after deducting the value of wreck sum of Rs.19,000/- policy excess and tax etc.. The IDV of the insured vehicle is Rs.64,086/-. There is no deficiency of service from the part of the opposite party.
4. On perusal of complaint, version and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and filed documents. The complainant is examined as PW1 and documents marked as Ext.A1 to Ext.A4. Ext.A2 is the policy and the insured value is Rs.64,086/-. The opposite party also filed proof affidavit and the opposite party is examined as OPW1 and Ext.B1 and B2 series is marked. Ext.B1 is the Survey Report. Even if the opposite party pleaded in version that the complainant is entitled for Rs.44,649.78/- only, in the proof affidavit, the opposite party agreed to pay Rs.49,986/- since the present salvage value is calculated as Rs.19,000/-. On going through the evidences adduced by both parties and their documents, the Forum found that the total spare parts value claimed by complainant is Rs.76,970/-. The cost of parts recommended by Surveyor is Rs.64,310.50/-. The total labour charges claimed by the complainant is Rs.10,000/- only. The Surveyor recommended Rs.3,500/- as labour charges. The Forum found that the complainant is entitled for total labour charges of Rs.10,000/-. Since there is total loss sustained to the vehicle and total repair is necessitated. The opposite party agreed to pay Rs.49,986/- as net amount to the complainant after deducting wreck value and all other permitted deductions. The Forum found that the complainant is entitled to get the differences in the labour charges also ie Rs.7,500/- is to be added along with the agreed amount. Thereafter, the total amount payable will be 49,986+7,500= Rs.57,486/- only. The opposite party failed to pay the reasonable amount and fail to calculate the full labour charges to the complainant which resulted deficiency of service from the part of opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found against the opposite party, the opposite party is liable to pay the cost and compensation to the complainant. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.57,486/- (Rupees Fifty Seven Thousand Four Hundred and Eighty Six Only) to the complainant with 12% interest from the date of filing of this complaint till realization. The opposite party is also directed to pay Rs.1,000/- (Rupees One Thousand Only) as cost and Rs.1,000/- (Rupees One Thousand Only) as compensation. The opposite party shall comply the Order within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of October 2014.
Date of Filing:04.12.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:-
PW1. Sreedharan. Complainant.
Witness for the opposite parties:-
OPW1. Somanathan. Branch Manager, New India Assurance Co ltd,
Kalpetta.
Exhibits for the Complainant:-
A1. Copy of Temporary Certificate of Registration.
A2. Policy.
A3. Registration Certificate.
A4. Notice. Dt:16.12.2013.
Exhibits for the Opposite Parties:-
B1. Motor Survey Report Final. Dt:28.10.2013.
B2(Series). (a). Policy Schedule cum Certificate of Insurance.
(b). Two Wheeler Package Policy Clause.
Sd/-
PRESIDENT, CDRF, WAYANAD.
