Tamil Nadu

South Chennai

CC/208/2015

Mrs.Sathyavani - Complainant(s)

Versus

The Manager, Indusind Bank - Opp.Party(s)

A.P.Sathyamoorthi

04 Mar 2020

ORDER

                                                                             Date of filing      : 18.05.2015

                                                                               Date of disposal : 04.03.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.208/2015

DATED THIS WEDNESDAY THE 04^TH DAY OF MARCH 2020

                                 

Mrs. Sathyavani,

W/o. Mr. Duraisamy,

No.4/189, Gandhi Street,

Eswaran Nagar,

Navalur,

Chennai – 603 103.                                                       .. Complainant.                          

..Versus..

 

1. The Manager,

Indusind Bank Ltd.,

No.116, G. N. Chetty Road,

T. Nagar,

Chennai – 600 017.

 

2. The Manager,

Cholamandalam MS General Insurance Company Limited,

No.163, Thambuchetty Street,

Chennai – 600 001.                                                ..  Opposite parties.

 

Counsel for the complainant           : M/s. A.P. Sathiamoorthi & others

Counsel for the 1^st opposite party  : M/s. K. Moorthy & others

Counsel for the 2^nd opposite party : M/s. M.B. Gopalan Associates & 

                                                           others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to pay the quotation amount of Rs.4,00,000/- to the repair the vehicle and to pay of Rs.4,00,000/- towards compensation for deficiency in service, mental agony, mental torture, physical strain and monetary loss together with interest and with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he availed a loan for purchasing a Tempo Traveller bearing Registration No.TN 11 Y 3647.  At the time of availing the loan, the 1^st opposite party collected insurance amount for 3 years.   The monthly EMI is of Rs.26,500/-.   The 1^st opposite party also paid the insurance amount to the 2^nd opposite party and the policy was subsisting from 18.02.2014 to 17.02.2015.   The complainant is regular in payment of instalment and paid upto February 2014.  On 19.02.2014, the complainant’s vehicle Tempo Traveller bearing Registration No.TN 11 Y 3647 met with an accident due to sudden burst of front tyre.   The fact of accident was also informed to the opposite parties.   The 2^nd opposite party appointed a Surveyor and inspected the vehicle and requested the complainant to produce all the original records related to the vehicle.  The complainant also filed the original R.C. Book, Insurance Certificate, permit etc.   The 2^nd opposite party took different photographs of the Tempo Traveller about the serious damages caused to the vehicle.   The complainant obtained quotation for repairing the Tempo Traveller from the Tempo Mechanic Shed for a sum of Rs.4,00,000/- to repair the vehicle and bring it back to the original condition, the complainant after receiving the quotation produced the same to the 2^nd opposite party and 1^st opposite party.  

2.     The complainant submits that after one month, the 2^nd opposite party has not taken any steps to make payment to repair the vehicle and when the complainant questioned about the same to the 2^nd opposite party, the 2^nd opposite party pleaded and requested the complainant to give some more time to pay the advance for repairing the vehicle.   When the complainant approached the 1^st opposite party during the first week of February 2015 at that time, the 1^st opposite party informed that there is some mistake/ problem in the Insurance policy.   The complainant was put to shock and surprise hearing the above statement from the 1^st opposite party.  The opposite parties 1 & 2 are only liable to pay compensation to the complainant for their deficiency in service to the complainant.   Hence, the complainant issued legal notice dated:04.02.2013 to the opposite parties 1 & 2 informing that about their negligence in treating him and calling upon them to pay the entire amount as per quotation and also compensation for mental agony, physical strain etc.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

3.      The brief averments in the written version filed by 1^st opposite party is as follows:

The 1^st opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.   The 1^st opposite party states that the complainant availed a vehicle loan to purchase a vehicle namely; Tempo Traveller and entered into a loan agreement on 08.02.2013 for a period of 4 years.  The complainant has to pay a sum of Rs.26,500/- towards EMI.   The 1^st opposite party shall pay the insurance amount and collect an excess amount towards insurance from the complainant. The complainant agreed to pay insurance premium of Rs.15,000/- per year along with EMI towards the vehicle insurance for 3 years as per the terms and conditions of the loan agreement.  The complainant has not paid the EMIs regularly.  While so, the vehicle Tempo Traveller bearing Registration No.TN 11 Y 3647 met with an accident on 19.02.2014.   The complainant taken steps through insurance company for getting repair charges.   On the expiry of 1^st insurance, the 1^st opposite party renewed the Insurance Policy with the 2^nd opposite party and the Insurance amount for 2^nd year for Rs.24,527/- which is admitted by the complainant hence, the balance Insurance Premium amount is liable to be paid by the complainant.    Since, the complainant’s loan account became default, the 1^st opposite party initiated arbitration proceedings in terms of the agreement and an arbitral award was also passed against the complainant.   Therefore, there is no deficiency in service on the part of the 1^st opposite party and hence, the complaint is liable to be dismissed.

4.      The brief averments in the written version filed by 2^nd opposite party is as follows:-

The 2^nd opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.   The 2^nd opposite party states that the claim was reported on 04.03.2014 for damage to the complainant’s vehicle in accident on 19.02.2014.  The claim was repudiated under close proximity and difference between pre-inspection photos and final survey photos.   Later, the 2^nd opposite party consider on non-standard basis and settled for a sum of Rs.1,20,000/- which was transferred on 30.06.2014 to the account of Sathiyavani, Indusind Bank Ltd.  The cover note had been issued with effect from 18.02.2014 to 17.02.2015 and the claim for damage to the vehicle had been entertained and settled under the same.   Hence, there can be no grievance over the insurance for the vehicle.   Moreover, the complainant cannot in the guise of accident refurbish the wear and tear repairs to the vehicle which had been extensively used as a commercial vehicle.  The complainant is not entitled to any insured amount but the reasonable amount for damage due to accident has already been settled.  No further amount is payable.   Therefore, there is no deficiency in service on the part of the 2^nd opposite party and hence, the complaint is liable to be dismissed.

5.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A10 are marked.  Proof affidavit of the 1^st opposite party is filed and documents Ex.B1 to Ex.B5 are marked on the side of the 1^st opposite party.  Proof affidavit of the 2^nd opposite party is filed and documents Ex.B6 to Ex.B9 are marked on the side of the 2^nd opposite party.

6.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards repairing the vehicle bearing Registration No.11 Y 3647 as prayed for?
2. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards damages for deficiency in service,  mental agony with cost as prayed for?

7.      On point:-

Both parties filed their respective written arguments.   Heard their respective Counsels.   Perused the records namely; the complaint, written version, proof affidavit and documents etc.  Admittedly, the complainant availed a loan for purchasing a Tempo Traveller bearing Registration No.TN 11 Y 3647. Ex.A1 is the copy of Registration Certificate.   At the time of availing the loan the 1^st opposite party collected insurance amount for 3 years.   The monthly EMI is of Rs.26,500/-.   The 1^st opposite party has also paid the insurance amount to 2^nd opposite party and the policy was subsisting from 18.02.2014 to 17.02.2015.   The complainant is regular in payment of instalment and was paid upto February 2014.  On 19.02.2014, the complainant’s vehicle Tempo Traveller bearing Registration No.TN 11 Y 3647 met with an accident due to sudden burst of front tyre.  Ex.A6 is the Certificate issued by the Sub-Inspector of Police, D-2 Chengalput Police Station, Kancheepuram District.  The fact of accident also informed to the opposite parties.  The 2^nd opposite party appointed a Surveyor and inspected the vehicle and requested the complainant to produce all the original records related to the vehicle.   The complainant also filed the original R.C. Book, Insurance Certificate, permit etc.   Ex.A2 is the copy of Insurance Certificate.   Ex.A3 is the copy of Permit.  The 2^nd opposite party took different photographs as per Ex.B9 of the Tempo Traveller which is very clear that serious damages caused to the vehicle.   The complainant obtained quotation for repairing the Temp Traveller from the Tempo Mechanic Shed for a sum of Rs.4,00,000/-.   But the complainant has not produced any bills and receipts from the workshop to prove the Tempo Traveller was repaired.  The complainant also admitted that till the Tempo Traveller is not repaired and is kept in the workshop.  Neither the 1^st opposite party nor the 2^nd opposite party has not taken any steps for due claiming of Rs.4,00,000/-, towards repair charges.  While so, the 1^st opposite party have initiated arbitration proceedings and arbitration award was passed which also not executed till date.   Ex.B3 is the Award copy passed by Sole Arbitrator.   The 2^nd opposite party as per the Surveyor Report, Ex.B9 credited a sum of Rs.1,20,000/- in the account of the complainant with the 1^st opposite party bank.   The 2^nd opposite party without any reason has not sanctioned the balance amount as per the quotation, Ex.A10.  The 2^nd opposite party also has not come forward to pay the balance amount of Rs.40,000/- as per the Surveyor Report, Ex.B9 proves the deficiency in service.

8.     The learned Counsel for the 1^st opposite party would contend that admittedly, the complainant availed a vehicle loan.  The complainant has to pay a sum of Rs.26,500/- towards EMI.   The 1^st opposite party shall pay the insurance amount and collect an excess amount towards insurance from the complainant.   The complainant is a chronic defaulter.  The complainant has not paid the EMIs regularly.   While so, the vehicle the Tempo Traveller bearing Registration No.TN 11 Y 3647 met with an accident on 19.02.2014.  the complainant taken steps through insurance company for getting repair charges.   While so, the 1^st opposite party initiated arbitration proceedings and arbitration award was also passed.   Evenafter, the complainant has not paid any amount towards EMI.   The law is well settled that ‘the defaulter is not entitled to any compensation for consumer cases’.

9.     The learned Counsel for the 2^nd opposite party would contend that the claim of Rs.4,00,000/- towards damages by the complainant is exorbitant.   As per Ex.A10, the quotation for Rs.4,00,000/- is imaginary and the complainant has not repaired the vehicle and produced the actual bills and receipts.  Immediately, after receipt of intimation of accident, the 2^nd opposite party appointed a Surveyor investigated the accident and inspected the vehicle and assess the vehicle to the tune of Rs.1,60,942.00/- out of which, a sum of Rs.1,20,000/- has been credited in the account of the complainant with the 1^st opposite party bank on 30.03.2014 of the complainant as per the statement of account as per Ex.B7.  There is no deficiency in service on the part of the opposite party.  The learned Counsel for the 2^nd opposite party contended that the Surveyor Report shall be given due weightage.   But depreciation shall be considered only on reasonable and valid grounds.  Considering the facts and circumstances of the case, this Forum is of the considered view that the 2^nd opposite party shall pay a sum of Rs.40,000/- along with interest at the rate of 9% p.a. from the date of filing of the complaint (i.e.) 18.05.2015 to till the date of this order (i.e.) 04.03.2020 and to pay a sum of Rs.15,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.  The complaint as against the 1^st opposite party has to be dismissed.

In the result, this complaint is allowed in part. The 2^nd opposite party is directed to pay a sum of Rs.40,000/- (Rupees Forty thousand only) along with interest at the rate of 9% p.a. from the date of filing of the complaint (i.e.) 18.05.2015 to till the date of this order (i.e.) 04.03.2020  and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant. The complaint as against the 1^st opposite party is hereby dismissed.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 04^th day  March 2020. 

 

MEMBER                                                                                                                                                                                       PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	14.02.2013	Copy of R.C. Book
Ex.A2	14.02.2014	Copy of insurance
Ex.A3	06.03.2013	Copy of permit
Ex.A4	01.11.2007	Copy of license
Ex.A5	08.02.2013	Copy of Loan Agreement
Ex.A6	19.02.2014	Copy of Certificate
Ex.A7	04.02.2015	Copy of legal notice
Ex.A8	05.02.2015	Copy of postal receipt
Ex.A9	12.02.2015	Copy of acknowledgement
Ex.A10		Copy of Trans Tempo Private Limited

 

1^ST OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1	08.02.2013	Copy of Loan Agreement
Ex.B2	18.02.2014	Copy of Motor Insurance Cover Note
Ex.B3	20.02.2015	Copy of Award Copy passed by Sole Arbitrator
Ex.B4	14.02.2013	Copy of Hypothecated Vehicle Registration Certificate
Ex.B5	17.02.2016	Copy of Statement of Account

 

2^ND OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B6		Copy of Insurance Policy with terms and conditions
Ex.B7	08.12.2016	Copy of Statement of Accounts of IndusInd Bank
Ex.B8		Copy of claim form and discharge voucher
Ex.B9		Copy of Survey Report

 

 

MEMBER                                                                                                                                                                                             PRESIDENT