DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC – 87  of   2017

 

 

Sri Ratan Chandra Das, 

S/O- Late Paresh Das,

North Kashipur,

P.O.- Resham Bagan,

P.S. East Agartala. ........…...Complainant.

 

             VERSUS

 

     1. The General Manager,

Shriram General Insurance Co. Ltd.,

E-8EPIP, RIICO Sitapura, Jaipur,

Rajasthan, 302022.

 

      2. The Branch Manager,

Shriram Transport Finance Co. Ltd.,

Agartala Branch, Math Chowmuhani,

College Road, Agartala,

West Tripura -799004. ........... Opposite Parties.

 

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Tapan Saha,

  Sri Bikash Debbarma,

  Sri Satyabrata Pal,

  Advocates.

 

For the O.P.s : Sri Utpal Das,

  Advocate.

 

 

JUDGMENT  DELIVERED  ON:  04.01.2018.

 

J U D G M E N T

This case arises on the petition filed by one Ratan Das U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he is the owner of the vehicle and the vehicle was insured with the Insurance company owned by the O.P. for the period from 20.06.15 to 19.06.16. The vehicle met an accident and was badly damaged. It was then lifted from the spot and taken by crane and was send to Nogaon for repairing. Complainant had to spend Rs.3,69,700/- for repairing. The amount was demanded by the petitioner. But the O.P. insurance company settled the claim and awarded only Rs.39,468/-. Due to this improper offer petitioner suffered, considered it a deficiency of service and filed this case for redress. 

 

2. O.P. Insurance company appeared, filed Written statement denying the claim. It is stated that surveyor conducted the survey and assessed the damage. Thereafter surveyor recommended the loss Rs.39,508/- subject to terms and condition of the policy. There was no deficiency of service by the O.P. and the petition is liable to be dismissed. 

 

3. Petitioner produced the copy of F.I.R., G.D. Entry, Mechanical Inspection Report, Copy of Registration, Road permit, certificate of fitness, Driving license, Insurance Policy, photocopy of the estimated cost of vehicle, letter issued by the Insurance company, advocate's notice and money receipt of the post office. Petitioner also produced the statement on affidavit of one witness, Ratan Das. 

 

4. O.P. on the other hand produced no evidence. So on the basis of evidence and the written argument submitted by the parties we shall now determine the points.

 

Findings and decision:

5. We have gone through the F.I.R., G.D. Entry and evidence of the petitioner. It is also admitted fact that the vehicle met accident on 02.05.16. We have gone through the policy certificate and found that the vehicle was insured from the date 20.06.15 to 19.06.16. So accident was occurred when the policy was alive.

 

6. We have gone through the policy certificate and found that the IDV for the vehicle was Rs.13,80,225/- . It is admitted fact that own damage was covered by the policy. There is no challenge on the point over on the geographical area where the accident occurred.  The dispute here is over the amount of compensation given assessing the damage. The contention of the O.P. is that damage was assessed by the surveyor and accordingly the amount Rs.39,468/- was offered. But the surveyor did not appear before the Forum. O.P. produced the package policy Certificate where the own damage is covered and finally Rs.47,789/- was paid. One claim settlement check list is produced. There assessment of loss was calculated by approving authority but surveyor column is found blank. For metal parts, damage assessed Rs.20,000/- assessed and after 35% depreciation Rs.13,000/- calculated. For Rubber parts damage only Rs.680/- was given, for glass Rs.14,38/-, for labour charge Rs.24,230/-, for towing Rs.25,00/-. It is surprising that when the labour charge is Rs.24,230/-, then the charges of parts is only Rs.15,000/-. Such assessment we can not accept. Assessment is to be properly made through surveyor and that surveyor is not appointed in right time by the O.P. This Forum is not supposed to assess the damage as it is not Motor Accident Tribunal. The vehicle was carried to a long distance at Nogoan, Assam which is also not acceptable. It has registration, driving license and other supporting papers. Jalil Body Construction written the cost of repairing D/cabin  Rs.1,25,500/- which is not possible. Cost of repairing rear body written Rs.1,48,700/-. It is also at higher side. This higher repairing charges not believable. The rewiring also not necessary as the vehicle also taken to long distance and it was found O.K. 

 

7. We have gone through the mechanical Inspection Report submitted by the petitioner. As per mechanical report brake assembly was serviceable. But Jalil body construction replaced brake, steering line assembly. As per mechanical report Bumper, wind screen, head lights, bonnet, Cap, radiator, doors, body damaged. For the damage of the 7 items we consider that on proper assessment by the surveyor the Insurance company could award Rs.1,40,000/-. But Insurance company without appointing any surveyor only offered Rs.39,400/-. This is deficiency of service. Petitioner could repair the vehicle in Tripura nearer to the place of accident so he is not entitled to get any transportation charge.  For the deficiency of service petitioner suffered and he is entitled to get compensation Rs.10,000/-(Rupees Ten Thousand), for litigation cost Rs.5,000/-(Rupees Five Thousand). Petitioner in total is entitled to get Rs.1,55,000/- for the damage of the vehicle. We therefore, direct the O.P. Insurance company to pay Rs.1,55,000/-(Rupees One Lac Fifty Five Thousand) to the petitioner. Payment is to be made within one month if not paid will carry interest @ 9 % P.A.

 

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA