Date of filing : 01-12-2011
Date of order : 30 -11-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.331/2011
Dated this, the 30th day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Muneer, S/o.Ahammed, } Complainant
Mubasheera Manzil, Naya Bazar,
Uppala.Po.Mangalpady, Kasaragod.671322.
(Adv.Vittala.M.Kasaragod)
1. The Manager, } Opposite parties
Reliance General Insurance Co. Ltd, 570,
Naigaum Cross Road, Next to Royal Industrial
Estate, Wadala (W) Mubai, 400 031,
Maharashtra State.
2. The Manager,
Reliance General Insurance Co. Ltd,
Adithya Towers, Thavakkara Road,
Opp. R.T.O Office, Collectorate,
Kannur.670002.
(Ops 1 & 2 Adv. S.Mammu, Taliparamba)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant is that he is the owner of Maruthi Swift Lxi vehicle bearing Reg.No.KL-14 H 5903 with engine No.487382 and chasis No. 0423551 of 2009 model. The said vehicle is insured with opposite parties and the policy is valid from 22-08-2010 to 21-08-2011. The vehicle met with an accident on 14-09-2010 and the surveyor of opposite party inspected the site verified the vehicle and field a report. Complainant has spent ` 79,000/- for repair and remodeling of the vehicle but the opposite parties failed to reimburse the amount to the complainant. The negligent attitude of the opposite parties caused financial loss and mental agony to the complainant. Hence the complaint.
2. According to opposite parties it is true that the vehicle was insured with opposite parties at the time of alleged accident dated 15-09-2010. The complainant had not submitted the documents on time. Hence the opposite parties was prevented from proceeding further regarding the claim. Though the opposite parties requested to the complainant to submit the pre-inspection photograph the same was not submitted to this opposite parties. Under these circumstances opposite parties repudiated the claim. Opposite parties has undertaken to indemnify total lose that may occur subject to the terms and conditions of policy and deductions.
3. Complainant informed the Forum that he has no oral evidence and the documents produced by the complainant is marked as Exts A1 to A5. Opposite parties produced documents as per IA.268/12 is marked as X1 series both sides heard and documents scrutinized.
4. Here the allegation of the complainant is that he is the owner of Maruthi Swit Lxi vehicle which is insured with opposite parties. The vehicle met with an accident and after repair and remodeling of the vehicle opposite parties failed to reimburse the amount to the complainant. In the version filed by opposite parties there is no specific reason for the repudiation of the claim. Complainant has every right to get reimburse the repair charges of the insured vehicle. Insurance company is bound to reimburse the repair charges of the insured vehicle met with accident in case of claims more than ` 10,000/- it is the boundan duty of the opposite parties to send a surveyor and assess the correct loss and injury suffered by the complainant. But here opposite party violated policy conditions by not sending the surveyor in time, this amounts to unfair trade practice and deficiency in service. Opposite parties are bound to assess the correct loss as soon as the intimation of accident is given to him. Complainant filed IA 268/12 to direct opposite parties to produce the entire file of his vehicle KL-14-H 5903 met with an accident on 15-09-2010. As per the IA, opposite parties produced Ext.X1 series documents which includes invoice of repair charges tallies with the case of the complainant. In their version opposite parties contended that there is no denial of claim by opposite parties as alleged in the complaint. This signifies that opposite parties are ready to process the claim.
Complaint is therefore allowed and opposite parties are directed to pay `79,000/- to the complainant with a cost of `5,000/- to the complainant within 30 days from the date of receipt of copy of this order. Failing which `79,000/- will carry interest at the rate of 9% to `79,000/- from 15-09-2010 onwards.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Photocopy of RC.KL-14-H-5903.
A2. Photocopy of Reliance Private Car Vehicle Certificate cum policy.
A3.01-03-2011 copy of lawyer notice.
A4& A5. Postal acknowledgement cards.
X1(a)-series photocopy of RC KL 14-H-5903
X1(b) photocopy of Proposal-cum-Cover Note for package policy.
X1© photocopy of Private Car Vehicle Certificate cum policy schedule
X1(d)& (e) Receipts. K.S.E.B
X1(f) Job estimate
X1(g)Job estimate
X1(h)Job card retail invoice
X1(i)Job card retail invoice.
X1(j) Photo copy of motor claim form
X1(k) photocopy of cancelled cheque
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
