Orissa

Rayagada

CC/270/2015

Sri Udaya Chandra Sabar - Complainant(s)

Versus

The Laxmi Motors, Berhampur - Opp.Party(s)

Self

21 Nov 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                             

                                              C.C. Case  No.270/ 2015

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                              President.

Sri Gadadhara Sahu,B.Sc.,                                      Member.

            Sri Udaya Chandra Sabar, S/o Gobardhan Sabar, aged 35 years, Resident of           Dasara Donguguda, P.O.Penekam, P.S.Gunupur, Dist. Rayagada.                                                                                                                          …….Complainant

1. Manager, M/s  Laxmi Motors, Berhampur, Ganjam.
2. M/s Ajit Motors, J.K.Road, Rayagada, Agent of N Sure Plus, An Insurance Company Venture of Hero Group, Authaorised dealer of Hero Honda products, Po/Ps Rayagada.
3. Manager, Claims, N Sure Plus, A venture of  Hero Group Regd. And Head Office 3, Middleton Street, Kolkata 700071.
4. Branch Manager, National Insurance Company, Rayagada, Po/Ps/Dist. Rayagada.                                                                                                                                                                                                                               …….…..Opp.Parties

Counsel for the parties:

For the complainant: Self

For the O.Ps: Exparte

 

                                                            JUDGMENT

The facts of the complaint  in brief is that   the complainant  has purchased a Hero Honda Passion Pro from OP 1 for a total sum of Rs.49,303/-  on 25.01.2012 having insurance  with ICICI Lombard vide Cert.No.3005/15286601/10221/00 from 25.01.12 to 24.01.13  and thereafter the  OP 2 insured the vehicle with National Insurance vide Policy No.39010231136201519636  valid from 29.07.13 to 28.07.14 and  the bike met with an accident on 25.08.2013  during its insurance period  and the complainant immediately intimated the fact to the OP 2 who came to the spot, took photographs of the accident vehicle and obtained all the claim forms from the complainant and also given the service on payment of Rs.8000/-  since the oil tank and side seats was damaged and in addition to the above repair charges he has also taken additional charges for the  accessories and the complainant has spent more than Rs.10,000/- to get it road worthy. The complainant contacted the  Insurance Company but they denied  to have received any such claim from the  OP2 and the complainant immediately contacted the OP 2  and his dealing assistant  Mr.Rajesh stated that he has submitted the claim form  but he has not given any receipt  obtained  from the insurance company. but the OP denied Hence, this complaint. The OP 2 being a responsible person  to give such services to the customers of  Hero Honda products has not provided such services and the complainant has sustained monetary loss and also mental agony due to such accident. Hence, prayed to direct the Ops  for payment of the amount spent on the accident vehicle  i.e. Rs.10,000/- and award compensation of Rs.10,000/- .ence, H

 

Being noticed, the Opp.Parties  appeared through their counsel but failed to file  file written version    as such the Opp.Parties  were set exparte and in absence of any written version from the opposite party we proceeded  the matter exparte and  believed  the contentions  as alleged by  the complainant  against the   and  hence, we passed the order and  disposed of the matter with the following directions.

                                                                     ORDER

                        The  Opposite Parties  are  directed to   pay the insurance amount of  Rs.10,000/-  and for causing mental agony and financial loss the Ops are directed to pay Rs.5,000/- towards compensation and cost of  litigation of Rs.1500/- to the complainant, failing which the O.Ps are liable to pay  interest @ 12% per annum  on the above  awarded amount    till the date of payment.

                        Pronounced in open forum today on this 1^st  day of  December,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

 

               Member                                                                                President