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 23rd day of February , 2011
C.C.No 38/10
Between:
S.K.Mallik Basha,
S/o S.K.Bashu, H.No.3-122,
Konda Peta, Dhone-518 222,
Kurnool District-515 411. …Complainant
-Vs-
1. The Divisional Manager,
Divisional Office III (CBU),
Oriental Insurance Company Ltd.,
Rosy Towers, 2nd floor, No.7,
Nungabakkam High Road,
Chennai-600 034.
2. The Branch Manager,
Shriram Transport and Finance Company Limited,
H.No.40-581-A, 2nd floor,
S.V.Complex, R.S.Road,
Kurnool -518 003. ……OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Sri M.Shivaji Rao, Advocate, for complainant, and Sri V.V.Augustine, Advocate, for opposite party No.1 and Sri N.Guru Shankaraiah, Advocate for opposite party No.2 upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 38/10
1. This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the Opposite party No.1:-
(a) To pay Rs.4,41,000/- towards damages with interest at the rate of 24% from the date of accident to i.e. 05-09-2007 till the date of realization.
- To pay a sum of Rs.40,000/- towards mental agony;
- To pay the cost of the complaint;
(e) To grant any 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 in brief is as under:- The complainant is the owner of the lorry bearing No. AP 21 V 9732. The opposite party No.1 is the insurer and opposite party No.2 is the financier of the said vehicle. Opposite party No.1 issued policy bearing No.411300/31/2007/15228 in favour of the complainant. The said policy was in force from 03-12-2006 to 02-12-2007. On 05-09-2007 the vehicle of the complainant is damaged in the accident that took place in the limits of Mohol Police Station Solapur District, Maharastra. The complainant immediately informed about the accident to the opposite parties. Later he also submitted the claim form to opposite party No.1 through opposite party No.2. The surveyor appointed by opposite party No.1 estimated the loss at Rs.4,14,000/-. The opposite party No.1 did not settle the claim inspite of several demands. The complainant also got issued legal notice dated 15-11-2009 to the opposite parties. A reply was given by opposite party No.1. There is deficiency of service on the part opposite party No.1 in settling the claim. Hence the complaint.
3. opposite party No.1 filed written version, stating that the complaint is not maintainable. Opposite party No.1 issued policy bearing No.411300/31/2007/15228 in favour of the complainant. In respect of vehicle bearing No. AP 21 V 9732. After receiving the intimation about the damage caused to the vehicle of the complainant, Sri S.M.Dudhani was appointed as spot surveyor. He submitted his report. A final surveyor by name Sri R.Balaraman was appointed. He assessed the loss at Rs.1,05,400/- and submitted his report on 26-01-2008. The complainant did not submit the required documents to opposite party No.1along with claim form. The claim could not be settled for want of documents. There is no deficiency of service on the part of the opposite party No.1. The complaint is liable to be dismissed.
Opposite party No.2 filed written version, stating that the complaint is not maintainable. Opposite party No.2 is not a proper and necessary party. Opposite party No.2 is only a financier. It is opposite party No.1, who is liable to pay the amount to the complainant. Opposite party No.2 forwarded all the documents received from the complainant to opposite party No.1. Opposite party No.2 is nothing to do, with regard to the damage caused to the vehicle of the complainant.
4. On behalf of the complainant Ex.A1 to A11 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties Ex.B1 to B4 are marked and sworn affidavit of Senior Divisional Manager Oriental Insurance Company Limited, Kurnool is filed. Opposite party No.2 also filed sworn affidavit.
5. Both sides filed written arguments.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of the Opposite Parties?
- Whether the complainant is entitled to the reliefs as prayed for?
(c) To what relief?
7. POINT No.1 & 2:- It is the case of the complainant that he is the owner of the vehicle bearing No.AP21 V 9732. The complainant to prove that he is owner of the said vehicle relied on Ex.A1 copy of the registration certificate where in it is mentioned that Malik Basha S.K is the owner of the vehicle bearing registration No.AP21 V 9732. According to the complainant, his vehicle met with an accident on 05-09-2007 and in the said accident the vehicle was damaged. The complainant filed Ex.A6 and A7 to show that his vehicle met with an accident on 05-09-2007. In Ex.A6 final report, it is mentioned that a case was registered in Crime No.325/2007 of Mohol Police Station of Solapur District on 06-09-2007. It is also clearly mentioned that the vehicle bearing No.AP21 V 9732 was involved in the accident and there was damage to the vehicle of the complainant.
8. The complainant filed the complaint claiming damages of Rs.4,14,000/-. The complainant filed A9 bunch of bills in support of his contention. No affidavit of the person connected to Ex.A9 is filed. Admittedly after the accident a spot surveyor was appointed and he filed his report. Opposite party No.1 did not choose to file the report of the spot surveyor. According to the opposite party No.1, a final surveyor by name Sri R.Balaraman was appointed and he filed his report Ex.B4 dated 26-01-2008. It is mentioned in Ex.B4 that net loss is Rs.1,05,400/-. The report of the final surveyor must be given due weight. The opposite party No.1 is liable to pay the said amount to the complainant.
9. It is the case of the complainant that opposite party No.1 did not pay the amount, even though damage was caused to the vehicle in the accident that took place on 05-09-2007. Admittedly final report was filed on 26-01-2008. According to the opposite party No.1, the claim could not be settled, as the complainant did not submit vital documents. No notice was given by opposite party No.1 to the complainant demanding the production of the documents, before the complainant got issued a legal notice. For the first time, the opposite party No.1 gave Ex.B1 reply notice to the complainant wherein it is stated that the original R.C/D.C/F.C are required to settle the claim. Opposite party No.1 did not give any explanation as to why the claim was not settled immediately. After the final surveyors report was received, there was abnormal delay in settling the claim of the complainant by opposite party No.1. It is amounts to deficiency of service.
10. In result, the complaint is partly allowed directing the opposite party No.1 to pay damages of Rs.1,05,400/- to the complainant with interest at 9% from the date of the complaint i.e 25-11-2009 till the date of payment along with cost of Rs.500/-. Complaint against opposite party No.2 is dismissed.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 23rd day of February, 2011.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Certificate of Registration issued by
R.T.O Kurnool.
Ex.A2 Photo copy of National Permit.
Ex.A3 Photo copy of fitness certificate.
Ex.A4 Photo copy of driving license of M.Sreeramulu.
Ex.A5 Photo copy of accident report form.
Ex.A6 Photo copy Final report.
Ex.A7 Photo copy of spot panchanama.
Ex.A8 Photo copy of Sri Anusha Road Lines, Dhone,
dt.18-09-2007. Vehicle No.AP21V 9732.
Ex.A9 Photo copy of A Bunch of Bills (7)
Ex.A10 Office copy of legal notice Dt. 15-11-2009.
Ex.A11 Reply notice dt.25-01-2010.
List of exhibits marked for the opposite parties:
Ex.B1 Reply letter by OP1 dt.25-01-10 addressed to
K.Mallaiah, Advocate, Kurnool.
Ex.B2. Postal acknowledgement.
Ex.B3 Un-served registered cover.
Ex.B4 Final survey report dt.26-01-2008.
Sd/- Sd/-
MALE 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 :
