BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Saturday the 07th day of March, 2009
C.C.No. 21/09
Between:
P.Peddi Raju, S/o.P.Venkateswarulu, Alankar Industries,
Bethamcherla, Kurnool District - 518 599
… Complainant
Versus
1.The Branch Manager,Reliance General Insurance Company Limited,
D.No.40-380, Navarang Plaza, Kurnool - 518 001.
2. Managing Director,Reliance General Insurance Company Limited,
570-Rectifier House, Naigaum Cross Road, Wadala (west) MUMBAI - 400 031.
… Opposite parties
This complaint is coming on this day for orders in the
presence of Sri. M. Sivaji Rao, Advocate, for the complainant, and the
opposite parties 1 and 2 called absent set-exparte and upon perusing the
material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.21/09
1. This consumer complaint of the complainant is filed U/S 11 and
12 of C.P.Act , seeking direction on opposite party to pay balance
amount of Rs.50,873/- , Rs.25,000/- as compensation for mental
agony, cost of the complaint and any other relief or reliefs which the
complainant is entitled in the circumstances of the case.
Cond.,
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2. The brief facts of the complainant’s case is that the complainant
is the owner of a tractor cum trailer No. AP 21 X 1938 / 1939 and has
taken a miscellaneous vehicle package policy on 24-12-2007 from
opposite party No. 1 for Rs. 2 lakhs . The policy is 1891382343100013
and valid from 24-12-2007 to 23-12-2008. On 15-08-2008 at about
10-30 a.m t he complainants tractor trailer loaded with slabs coming
from one Madhavarajus mines to Palukuru road to Bethamcherla mines
accidentally fell down in the said mines resulting damage to the said
tractor trailer . Immediately , the accident was informed to the
opposite party No. 1 and the surveyor was appointed by opposite party
No. 1 . The said surveyor tooks spot photographs of the damaged
vehicle and took repair bills and other bills from the complainant .
Thereafter, the complainant shifted his vehicle to Mahaboob basha
tractor works to carry out the repairs and the complainant incurred
Rs.79,273/- towards the repair charges . The complainant submitted
his claim for Rs. 79,273/- to opposite party No. 1 for settlement but
opposite party No. 1 settled the said claim to the meager amount of
Rs.28,400/- and sent a cheque of HDFC Bank to the complainant by
courier . The complainant got issued legal notice dated 14-11-2008
informing the opposite party No. 1 that the said amount of
Rs.28,400/- was adjusted towards part satisfaction of the entire claim
amount under protest. Thereafter , the complainant resorted t o the
forum for reliefs as there is no reply from the opposite parties.
3. In support of their case the complainant relied on the following
documents viz.,(1) Xerox copy of policy schedule cum certificate of
insurance, (2) Xerox copy of premium computation table ,(3) Xerox
copy of certificate of Registration for vehicle No AP21X1939 , (4) Xerox
copy of certificate of registration for vehicle No.AP21X1938 , (5) Xerox
copy of goods carriage permit for the vehicles in EX.A3 & A4 ,(6)
Xerox copy of two bills issued by Keerthi Automobiles on 23-08-2008
for the above vehicles , (7) Xerox copy of bill dt.23-8-2008 issued by
Sri Kumar Engineer works for the above said vehicle (8) Xerox copy of
bill dt.15-8-2008 issued by Sri Ramanjaneya Earth Movers for
Rs.6,475 , (9) Xerox copy of bill dated 23-8-2008 for Rs.4,290/-
issued by Shanmuka Auto Electrical Works ,(10) Xerox copy of bill dt.
23-8-2008 Issued by Sri Rajendra Motor Works, (11) Xerox copy of bill
Cond.,
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dt. 23-8-2008 Issued by Mahaboob Basha Motor Works for Rs. 5,512/-
, (12) Xerox copy of Driving License of complainant, (13) office copy
of legal notice dt.14-11-2008 addressed to OP’s 1& 2 along with speed
post receipt and acknowledgement of opposite party No. 1, (14) Xerox
copy of proposal cum cover note for complainant’s vehicle, besides to
the sworn affidavit of the complainant in reiteration of his complaint
averments and the above documents are marked as Ex.A1 to A14 for
its appreciation in this case. The complainant also relied on the 3rd
party affidavit of S.Mahaboob Basha .
4. In pursuance to the notice of this forum as to this case of the
complainant the opposite parties 1 and 2 absent throughout the case
proceedings and were said exparte .
5. Hence, the point for consideration is to what relief the complainant
is entitled alleging deficiency of service on part of opposite party ?.
6. It is the case of the complainant that he is the owner of the tractor
and trailer bearing No. AP 21 X 1938 & 1939 which was insured with
opposite parties under policy bearing No. 1811382343100013 for Rs.2
lakhs as per Ex.A1. On 15-08-2008 the said tractor-trailer met with an
accident and was badly damaged and the same was intimated to the
opposite parties . Thereafter, the complainant submitted a claim form along
with related repair bills to the opposite parties for an amount of
Rs.79,273/- but the opposite parties settled the claim for the meager
amount of Rs.28,400/- and sent the said amount through a cheque to the
complainant , the complainant got issued a legal notice vide Ex.A13 dated
14-11-2008 stating the said amount Rs.28,400/- was adjusted towards part
satisfaction under protest and as there was no response form the opposite
parties the complainant accepted the said amount and approached the
forum for balance amount of Rs.50,873/-.
7. The complainant in this case submitted that he spent an amount of
Rs.79,273/- for getting his tractor –trailer repaired and relied on Ex.A6 to
Ex.A11. The complainant also submitted that the originals of said Ex.A6 to
Ex.A11 were submitted to the opposite party along with claim form. The
Ex.A6 are the xerox copies of two bills issued by Keerthi Automobiles on
Cond.,
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23-08-2008 to the complainant as to the purchase of spare parts for
Rs.11,895/- and Rs.31,644/- . The Ex.A7 is the xerox copy of bill issued
by Keerthi Engineering works to the complainant for Rs.15,500/- on 23-08-
2008 . The Ex.A8 is the copy of bill issued by Sri Ramanjaneya Earth
Movers for Rs.6,475/- for lifting the tractor –trailer from the mines with
help of proclainer. The Ex.A9 is the xerox copy of bill dated 23-08-2008 ,
issued by Shanmukha Auto Electrical works as to the purchase of spare
parts by the complainant for Rs.4,290/- . The Ex.A10 is the xerox copy of
bill dated 23-08-2008 of Sri Rajendra Motor Works for Rs.3,957/- and the
Ex.A11 is the xerox copy of bill dated 23-08-2008 issued by Mahaboob
tractor works dated 23-08-2008 to the complainant as to labour charges for
Rs.5,512/-.
8. The bills in Ex.A6 to A11 in unitone says that the complainant
incurred expenditure of Rs.79,273/- for getting his tractor – trailer repaired
for road worthy condition. The opposite parties in this case though received
the notice of this forum did not choose to contest the case by filing any
written version . As the bills in Ex.A6 to A11 enclosed to the complainant ,
they being not disputed by the opposite parties by any contest, the case of
the complainant is remaining unrebutted and there by the exhibits relied by
the complainant are acceptable worthy of consideration without requiring
any further proof.
9. To sum up the above said material in the absence of any contest by
the opposite party remained not only unrebutted but also conclusively
established as to the deficiencies of the opposite parties is not paying the
full claimed amount to which the complainant is perfectly remaining
entitled. .
10. In the result, the complaint is allowed directing the opposite parties
1and 2 jointly and severally to pay to the complainant the balance amount
of Rs.50,873/- with 9% interest from the date of legal notice dated 14-11-
2008 along with costs of Rs.2,000/- within one month from the date of
receipt of this order. In default the opposite parties 1 and 2 jointly and
severally liable to pay the supra award amount with 12% interest from the
date of default till realization.
Cond.,
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Dictated to the stenographer, transcribed by her, corrected and pronounced
by us in the open bench on this the 07th day of March, 2009.
Sd/- Sd/-
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. Xerox copy of policy schedule cum certificate of insurance
Ex.A2. Xerox copy of premium computation table.
Ex.A3. Xerox copy of certificate of registration for vehicle No.
AP21 x 1939
Ex.A4. Xerox copy of certificate of registration for vehicle No. AP
21 X 1938.
Ex.A5. Xerox copy of goods carriage permit for the vehicle in
Ex.A3 & A4.
Ex.A6. Xerox copy of two bills issued by Keerthi Automobiles on
23-08-2008 the above vehicles.
Ex.A7. Xerox copy of bill dated 23-08-2008 issued by Sri Kumar
Engineer works for the above said vehicle.
Ex.A8. Xerox copy of bill dated 15-08-2008 issued by Sri
Ramanjenya Earth Movers for Rs.6,475/-.
Ex.A9. Xerox copy of bill dated 23-08-2008 for Rs.4,290/- issued
by Shanmuka Auto Electrical works.
Ex.A10. Xerox copy of bill dated 23-08-2008 issued by Sri Rajendra
Motor Works.
Ex.A11. Xerox copy of bill dated 23-08-2008 issued by Mahaboob
Basha Motor works for Rs.5,512/-.
Ex.A12. Xerox copy of driving license of complainant .
Cond.,
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Ex.A13. Office copy of legal notice dated 14-11-2008 addressed to
OPs 1 & 2 along with speed post receipt and
acknowledgement of opposite party – 1.
Ex.A14. Xerox copy of proposal cum cover note for complainant’s
vehicle.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
