BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc., M.Phil., Male Member

Wednesday the 10^th day of November , 2010

C.C.No 76/10

Between:                                                             

Chittuluri Abimanya Setty, S/o. Chinna Venkata Subbaiah,

H.No.1-233, Main Road, Nandyal - 518501 , Kurnool District.                         

…..…Complainant

-Vs-

The Branch Manager , M/s. New India Assurance Company Limited,

25/692-B, 1^st Floor, Ram Sai Enclave, Near Raj Talkies , Nandyal - 518 501. Kurnool District.

                           ….…Opposite  Party

          This complaint is coming on this day for orders in the presence of Sri. S.V.Krishna Reddy , Advocate, for complainant, Sri. Md. Ishaq , Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No. 76/10

1. This complaint is filed under section 13 (B) of C. P. Act, 1986 praying to direct the OP

1. to pay the balance amount of Rs.8,449/-,      
2. to award interest at 24% from  06-08-2008 till the realization .  
3. to award Rs.20,000/- for mental agony , 
4. to award future interest on the awarded amount
5. to award cost of the litigation.
6. to grant such other relief or reliefs as the Hon’ble Forum

           deems fit and proper in the  circumstances of the case.

(2)   The case of the complainant is as under :- The complainant is the owner of Tata Indica Car bearing No. AP 21 K 3667. The said vehicle was insured with the OP under policy No. 611502 /31/ 07/01/ 00000685. On 06-08-2008 the car of the complainant met with an accident and it was partly damaged. Immediately after the accident the complainant informed the same to the OP. The OP appointed a surveyor. Prani Auto Plaza Private Limited estimated the loss sustained by the complainant at Rs.25,449/-. The complainant paid the said amount to Prani Auto Plaza Private Limited, Nandyal and got the vehicle repaired. The complainant submitted a claim to OP. OP issued cheque on 25-08-2008 for Rs.17,000/- instead of Rs.25,449/- . The balance amount of Rs.8,449/- was not paid by the OP inspite of several demands. Finally on 14-10-2008 the complainant got issued a legal notice demanding OP to pay the balance amount of Rs.8,449/-. The OP received the said notice and issued reply notice with false allegations. There is deficiency of service on the part of the OP in not settling the claim. Hence the complaint.      

3.     OP filed written version admitting that the vehicle of the complainant is insured with it. The surveyor appointed by the OP inspected the vehicle and submitted his report assessing the loss at Rs.18,000/- . The OP assessed the net loss payable to the complainant at Rs.17,000/- . Accordingly the complainant was issued cheque in full and final settlement of the claim. The complainant issued a receipt. The OP is not liable to pay any further amount to the complainant and the complaint is liable to be dismissed.

  4.   On behalf of the complainant Ex.A1 to A5 are marked and the sworn affidavit of the complainant is filed.  On behalf of the opposite parties Ex.B1 to B12 are marked and the sworn affidavit of OP is filed

5.     Both sides filed written arguments.

6.     The points that arise for consideration are      

(i)     whether there is deficiency of service on the part of the OP ?

(ii)    whether the  complainant is entitled to the reliefs as prayed for?

(iii)    To what relief?

7. Point No.1 & 2:  Admittedly the Indica Car of the complainant was insured with the OP. It is also admitted that on 06-08-2008 the car of the complainant met with an accident and in the said accident the car was partly damaged. It is further admitted that after the accident a surveyor was appointed by the OP. Ex.B4 is the report of the surveyor. It is the case of the complainant that he spent Rs.25,449/- and got the vehicle repaired but the OP paid him only Rs.17,000/- . It is further case of the complainant that he is entitled to the balance amount of Rs.8,449/-. The complainant filed Ex.A4 copy of the cash bills issued by Prani Auto Plaza Private Limited, Kurnool. The OP got marked Ex.B11 and B12 original bills dated 06-08-2008 issued by Prani Auto Plaza Private Limited. As seen from Ex.B11 and B12 it is very clear that the complainant spent an amount of Rs.9,775/- + Rs.15,674/- = 25,449/- for repairing the damaged vehicle. It is argued by the learned counsel appearing for the OP that the surveyor who inspected the damaged vehicle submitted the report Ex.B4. In Ex.B4 it is stated by the surveyor that the net liability of the Insurance Company is Rs.18,000/-. The surveyor has taken  into consideration the estimates submitted by the Prani Auto Plaza Private Limited while assessing the net liability of the Insurance Company. The report of the surveyor must be given due weight by both the parties. The OP is not justified  in paying an amount of Rs.17,000/- instead of Rs.18,000/- to the complainant . Inpsite of the legal notice got issued by the complainant  the OP did not  choose to pay balance amount of Rs.1,000/- to the complainant .It amounts to deficiency of service .        

8..Point No3:   In the result the complaint is partly allowed directing the OP to pay an amount of Rs.1,000/- along with interest at 9% from 25-08-2008  till the date of payment along with costs of Rs.500/-. 

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 10^th day of November, 2010.

            Sd/-                                                              Sd/- 

     MALE MEMBER                                                  PRESIDENT

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

Ex.A1                Letter dt. 25-08-2008 issued by the OP.

Ex.A2.       Office copy of legal notice dt. 14-10-2008.

Ex.A3.       Postal acknowledgment.

Ex.A4.       Photo copy of Bill of Prani Auto Plaza Pvt.Ltd., dt.06-08-2008 for Rs.9,775/-

Ex.A5.       Photo copy of Estimate Quotation for Accident Vehicle, No.AP21 K 3667 Indica, dt. 22-07-2008.

List of exhibits marked for the opposite parties:

                 Sd/-                                                                 Sd/-

         MALE MEMBER                                                                    PRESIDENT

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