By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay Rs.50,706/- with 12% interest from 12.12.2014 to till realization and also direct the opposite party to pay Rs.10,000/- as compensation and cost of the proceedings.
2. Brief of the complaint:- The complainant is the owner of the vehicle bearing No. KL 12 J 2528 Chevrolet Cruze VCDI and opposite party is the insurer. The opposite party offered bumper to bumper maintenance to the vehicle owned by the complainant and the vehicle met with an accident and repaired by German Motors, Kalpetta, the authorized service centre. The complainant spend an amount of Rs.50,076/- being the charges of repair. After accident, it was informed to the agents of opposite party in Kalpetta. As per direction of opposite party, vehicle was entrusted to German Motors for repair on 07.02.2014 and delivered on 12.02.2014. The complainant claimed the bill amount with opposite party, but opposite party did not pay. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version, the opposite party admitted the insurance. The opposite party contended that the opposite party had no knowledge about the repair and all. The IRDA approved surveyor inspected the vehicle and stated that the damage found on the front bumper and fender of the vehicle seems to be exist at the time of taking the policy inception. As per Surveyor's report, the liability of opposite party is restricted to Rs.23,626/- towards full and final settlement of the claim. The same amount is already paid to the complainant. There is no negligence from the part of opposite party.
4. On perusal of complaint, version and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to Ext.A4. The opposite party also filed affidavit and examined as OPW1 and Ext.B1 to B3 are marked. The case of the complainant is that the complainant did not receive the full claim amount from the opposite party. The opposite party stated that as per surveyor's report the claim is given. The case of the complainant is that the complainant gave all bill to the surveyor at the time of inspection. The opposite party admitted that the surveyor handed over all such Bills to the company ie opposite party. But that bills are not produced before the Forum by the opposite party. OPW1 admitted that such bills are received by the company from the surveyor. On perusal of policy and other records, it is found that the complainant is not entitled to get compensation for the damages sustained to the bumper of the vehicle since it is excluded as per policy. The damage to the bumper exists at the time of inception of policy itself. The Ext.A3 document is the policy issued by the opposite party to the complainant. In the policy under clause S3.A, it is stated that " in consideration of payment of additional premium, it is hereby agreed and declared that this policy extends to cover the depreciation amount partly or fully, on assessed damaged parts allowed for replacement during repairs in the event of a partial loss to the insured vehicle". It means that the Ext.A3 policy extends to cover depreciation also. In Ext.B3, the Final Survey Report produced by opposite party, it is stated that Rs.11,276.5/- is deducted as depreciation from the total assessed damages. As per calculation in Ext.B3, the net amount of damages is Rs.22,553/- and to the labour charges is Rs.4,073.05/-. So the net total is Rs.26,626/-. This net amount of damages is to be added with Rs.2,000/- towards compulsory excess and Rs.1,000/- towards Add/imposed excess. Then the total amount of damages payable to the complainant will be Rs.29,626/-. The opposite party paid only Rs.23,626.5/- only. The complainant is entitled to get the balance amount of Rs.5,999.50/- from the opposite party towards damages. The opposite party failed to pay this amount to the complainant amounts to deficiency of service from the part of opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.5,999.50/- (Rupees Five Thousand Nine Hundred and Ninety Nine and fifty paise) only towards the balance amount of damages to the complainant. The opposite party is also directed to pay Rs.2,000/- (Rupees Two Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of April 2015.
Date of Filing:24.04.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Salim. Clinical Psychologist.
Witness for the Opposite Party:-
OPW1. Rinu Aswan. Senior Executive Legal , Bajaj Allainz Insurance Co Ltd.
Exhibits for the complainant:
A1. Copy of Repair Order.
A2. Bill. dt:28.02.2014.
A3. Duplicate copy of Insurance.
A4. Mail copy of Authorized Letter.
Exhibits for the opposite party:-
B1. Copy of Motor Insurance Claim Form.
B2. Copy of Transcript of Proposal for Private Car-Package policy.
B3. Final Survey Report.
Sd/-
PRESIDENT, CDRF, WAYANAD.
