Haryana

Charkhi Dadri

cc/104/2021

Ravinder - Complainant(s)

Versus

The Branch Manager , The New india Assurance Company Ltd - Opp.Party(s)

Sh. R.S. Sangwan

02 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, CHARKHI DADRI.     

 

                                                          Complaint No.         104 of 2021               

                                                          Date of Institution:  15.04.2021

                                                          Date of order:                   02.01.2024        

 

Ravinder aged 32 years son of Sh. Meer Singh resident of village Atela Kalan, Tehsil and District Charkhi Dadri

..Complainant.

                                                Versus

The Branch Manager, The New India Assurance Company Ltd, Railway Road, Opposite Civil Hospital, Bhiwani, Haryana

                                                                 ..Opposite party.

                             COMPLAINT UNDER THE CONSUMER                                               PROTECTION ACT

Before: -   Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:     Sh. R.S.Sangwan, Advocate for complainant.

                Sh. Vinod Kumar Chahar, Advocate for OP.

O R D E R

                   The complainant (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite party (hereinafter referred to as “the OP”) on the allegations that the complainant is the registered owner of a goods carrier T.R bearing registration no.HR-84-2171, Engine No. ECHZM21238. It is submitted that the vehicle bearing registration no. HR-84-2171was insured with The New India Assurance Co. Ltd. for the period w.e.f. 18.01.2021 to 17.01.2022. The vehicle is financed by Mahindra and Mahindra Financial Services.  It is also submitted that unfortunately, on 22.01.2021 at about 11.00 pm, the above said vehicle of the complainant met with an accident and was totally damaged. It is also submitted that the driver of the vehicle Sh. Dinesh submitted a statement on 23.01.2021 before the Surveyor of the New India Assurance Co. Ltd. that there was no visibility on the night of 22.01.2021 due to fog. All of a sudden a stray cow animal came on the road, in order to save the animal the vehicle struck/collided against the divider of the road. In this accident there was no casualty except severe damage to the vehicle. It is also submitted that damaged vehicle was brought to Thadeshri Motors Workshop, Loharu Road, Charkhi Dadri authorized workshop of Mahindra and Mahindra Ltd. and the complainant has paid Rs. 10,000/- as carriage charges of Kalkal Crane Service, Loharu Chowk, Charkhi Dadri. Thadeshri Motor Workshop prepared the estimate of vehicle of Rs.4,00,680/-. The complainant requested insurance company time and again to meet out the expenses of repair, spare and labour charges but to no avail. After that the complainant served a legal notice dated 19.02.2021 through his counsel Sh. R.S.Sangwan, Advocate to arrange the requisite payment but all in vain. The complainant was obsessed to get this damaged vehicle repaired out of his pocket in order to make his both ends meet and spent Rs. 4,08,436/- as repair, spare and labour charges of this damaged vehicle. The complainant has requested the opposite party to release the claim amount but the officials of the opposite party did not release the claim amount on one pretext or the other.  This wrongful act and conduct of the opposite party has caused mental agony and harassment to the complainant. So, the complainant has come to this Commission and filed the present complaint with the prayer to direct the OP to make the payment of Rs. 4,08,436/- as repair, spare and labour charges of damaged vehicle and Rs. 10,000/- as carriage charges alongwith interest, compensation and litigation expenses.

2.                The OP in written statement took preliminary objections regarding maintainability, locus-standi and suppression of material facts. It is averred that it is doubtful that Sh. Dinesh was driving the vehicle with due care and caution or he was in senses and his driving licence was valid. The accident/damage is in close proximity of the insurance and there are the reasons/apprehension that the damage seems to have been occurred prior to the alleged day of occurrence and in some other manner and in the insured informed the occurrence on toll free number instead of reporting the matter to the local office which further strengthens the suspicion regarding damage to the vehicle. It is averred that the complainant is pre-mature and no formalities have been completed by the complainant. However, it is averred that the Surveyor and Loss Assessor Sh. S.K.Agarwal has assessed the loss for Rs. 1,86,620/-.There is no deficiency in service on the part of the OP and the complainant is not entitled to get any claim from the OP and thus, prayed for the dismissal of the present complaint.

3.                The learned counsel for the complainant in support of his case has filed affidavit Ex.CW1/A and tendered the documents Ex.C-1 to Ex.C-10 and evidence of the complainant was closed vide order dt.18.05.2022.

4.                The learned counsel for the OP tendered the affidavit Ex.RW1/A and the documents Ex.R-1 to Ex.R-10 and evidence of the OP was closed vide order dt. 02.03.2023.

 5.               We have heard the arguments advanced by learned counsel for both the parties and gone through the entire material available on record thoroughly and carefully.

6.           It is an admitted case of the parties that the vehicle goods carrier T.R. bearing registration No. HR-84-2171 of complainant has been insured with the respondent vide insurance policy Ex.C2/Ex.R1.  The said vehicle met with an accident on 22.01.2021 during the validity of insurance policy. We have observed that the counsel for the complainant has placed on record the Tax invoice Thadeshri Motors, 6th Mile Stone, Near Bhairvi Loharu Road, Charkhi Dadri-127306  i.e. Ex. C-9 for total sum of Rs. 4,08,436/- on account of repair charges incurred for vehicle in question. It has been observed that the counsel for the OP has placed on record survey report Ex.R-3 whereby the surveyor of the OP has assessed the loss to the vehicle in question only Rs. 1,86,620/- which seems very less amount than the actual amount spent on repairs and paid to Thadeshri Motors by the complainant. It has been observed that the OP has been failed to make the payment of claim amount to the complainant even after assessment made by their surveyor. Hence, in our considered view, the complainant becomes entitled for compensation in the matter. As per Insurance Regulatory and Development Authority guidelines vide circular No. IRDA/NL/ORD/MISC/006/01/2013 dated 08.01.2013 the depreciation for the parts (other than rubber & glass parts etc. more than 5 years old but not exceeding 10 years is 40%  while depreciation  on rubber & glass parts varies between  30% to 50%. In the given circumstances, it would be reasonal to provide 40% depreciation on entire bill amount of Rs. 4,08,436/- incurred by the complainant for  repairing of the damaged vehicle as per  Ex.C9. After deduction of 40% depreciation in terms of IRDA guidelines, the amount payable to the complainant arrive at Rs.2,45,061.60/-

7.           In view of aforesaid discussion and findings, it is observed that there has been deficiency in service on the part of the opposite party. We, therefore allow the complaint and direct the opposite party to make the payment of Rs. Rs.2,45,061.60 and also Rs.10,000/- as carriage charges of Kalkal Crane Service (Ex.C5) to the complainant along with an interest @ 9% p.a. from the date of filing of complaint till realization of final payment to the complainant.

8.                The OP is also directed to compensate the complainant to the tune of Rs.5,000/- (Rs. Five thousand Only) for rendering deficient services, for causing mental agony and harassment and also to pay Rs.5000/- (Rs. Five thousand Only) as litigation expenses.

9.                  The above order be compiled within 45 days from the date of receiving the copy of this order.

10.              Certified copies of order be supplied to the parties free of costs.  File be consigned after due compliance.