Kerala

Wayanad

CC/294/2013

Augustine.K.A,S/O Augustine,Kanippilly House, - Complainant(s)

Versus

The Branch Manager,United India Insurance Company Ltd.,Chungam - Opp.Party(s)

29 Aug 2014

ORDER

By. Sri. Chandran Alachery, Member:-

The complaint is filed under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to pay the balance amount of claim Rs.12,127/-to the complainant and to pay a compensation of Rs.10,000/- and cost of the proceedings.

 

            2.  Brief of the complaint:-  The complainant is the RC owner of KL 12 D 3865 Maruti Alto car with model 2008.  The complainant insured the vehicle with opposite party and the policy have validity from 30.08.2013 to 29.08.2014.  On 28.09.2013 the vehicle met with an accident and sustained damages.  The complainant repaired the vehicle with authorized maruti service station and spent Rs.29,107/- towards repair charges.  The complainant then submitted claim application  with  opposite  party  with  all  documents,  the  opposite  party  sanctioned  only Rs.16,980/- to the complainant.  The opposite party promised at the time of taking the policy and as per terms, the entire claim amount will be allowed by opposite party. The complainantfurther submitted that the denial of the claim is deficiency of service from the part of opposite party.  Hence this complaint.

 

            3.  On receipt of complaint, Notice was served to opposite party and opposite party appeared before the Forum and filed version.  In the version the opposite party contended that the vehicle is of 2008 make and the Sureveyor appointed by opposite party surveyed the vehicle and filed report and as per report, the damage is calculated as Rs.17,045.82/-.  Based on the survey report, the opposite party settled the claim for Rs.16,980/- after deducting depreciation, policy excess and salvage value.  And opposite party stated that the complainant is not entitled to get Rs.12,127/- and prayed that the complaint may be dismissed.

 

            3.  On going through the complaint, version and documents of both parties, the Forum raised the following points for consideration:-

 

                        1.  Whether there is any deficiency of service on the part of the opposite parties?

                        2.  Relief and Cost.

 

            4.  Point No.1:-  In addition to complaint the complainant filed proof affidavit and produced documents.  The complainant is examined as PW1 and documents are marked as Ext.A1 to A5.  Ext.A1 is the Photocopy of Registration Certificate.  Ext.A2 is the copy of policy.  Ext.A3 is the Cash Invoice of spare parts ( 3 in Number).  Ext.A4 is the Retail Bill of repair charge, Ext.A5 is also Cash Bill.  The opposite party also filed documents and opposite party is examined as OPW1 and documents are marked as Ext.B1 and Ext.B2.  Ext.B1 is the Survey Report and Ext.B2 is the Policy.  As per Ext.A3, A4 and A5, the total expenses for the repair is Rs.29,107.14/- out of this total expenses, the complainant is entitled to get the full labour charges of Rs.5,500/- and painting charge is Rs.6,500.00/- and for the balance is the material cost.  The material cost is subjected to depreciation as per rules.  The vehicle is of 2008 model and the accident took place in the year 2013.  The depreciation percent  will  be  35%  for  a  5 year  old vehicle.  The total material cost is Rs.17,107/-.  The 35% depreciation for Rs.17,107/- is Rs.5,987.45/-.  So after deducting Rs.5,987.45/-, the eligible material cost is Rs.11,200/-.  So the entitled amount will be the total labour cost plus the eligible material cost ie Rs.11,120 +Rs.12,000 = Rs.23,120/-.  The total amount sanctioned by the opposite party as per Survey Report is Rs.16,980/-.  So the complainant is entitled to get the balance amount ie (Rs.23,120-Rs.16,980)=Rs.6,140.00/-.  The opposite party is bound to sanction the repair charges as per rules.  But opposite party failed to do it and the Forum found that there is deficiency of service from the part of opposite party in sanctioning the repair charges as per rules.  Point No.1 is found accordingly.

            5. Point No.2:- Since the Point No.1 is found in favour of the complainant, the complainant is entitled to get the cost and compensation.

 

In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.6,140/- (Rupees Six Thousand One Hundred and Forty Only) towards the balance repair charges and also directed to pay Rs.1,000/- (Rupees One Thousand Only) as compensation and Rs.1,000/- (Rupees One Thousand Only) as cost of the proceedings to the complainant.  The opposite party is directed to pay the amount to the complainant within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest thereafter for the whole amount.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29^th day of August 2014.

Date of Filing:13.12.2013.

PRESIDENT      :Sd/-

MEMBER         :Sd/-

MEMBER         :Sd/-

/True Copy/

                                                                                                     Sd/-

   

  PRESIDENT, CDRF, WAYANAD.

 

APPENDIX.

 

Witness for the Complainant:-

PW1.                Augustine. K.A.                                    Complainant.

Witness for the opposite Party:-

 

OPW1.             Sajeevan.                                             Branch Manager, United India Insurance

                                                                                    Company, Sulthan Bathery.               

Exhibits for the Complainant:-

A1.                   Copy of Registration Certificate.                                                                   

A2.                   Copy of Policy.

A3(Series).       Copy of Cash Invoices(3 Nos).                                                                                                            

A4.                   Copy of Retail Bill.                                                      Dt:11.10.2013

A5.                   Copy of Cash Bill.                                                        Dt:17.10.2013.

Exhibits for the Opposite Party:-

B1.                   Motor Survey Report.                                                 Dt:11.11.2013.

B2.                   Insurance Policy.

 

                                     Sd/-

 PRESIDENT, CDRF, WAYANAD.