By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act to get the actual amount of loss sustained to his vehicle due to an accident and cost and compensation from the opposite parties due to their deficiency of service.
2. Brief of the complaint:- On 05.09.2011 the complainant insured his Mahindra Car bearing Registration No. KL 12 D 4037 with the opposite party No.1 paying premium of Rs.11,148/-. The coverage period of the said policy was 05.09.2011 to 04.09.2012. Mean while on 14.10.2011 the said vehicle was met with a road accident at Channapatna in Karnataka State and the complainant reported the accident to the opposite party No.1 in the branch office of the opposite party No.1 at Banglore. As per the direction of the opposite party No.1 the complainant produced the vehicle to the authorized service center of the Mahindra company at Banglore (opposite party No.2) and subsequently the vehicle was repaired by the opposite party No.2. The complainant paid Rs.3,250/- towards towing charge and paid Rs.62,980/- to the opposite party No.2 towards value of spare parts and labour charges. Subsequently the Surveyor deputed by the opposite party No.1 had inspected the vehicle and prepared survey report. Afterward the complainant had applied to the opposite party No.1 for insurance claim with all relevant bills and vouchers. But the opposite party No.1 had sanctioned only Rs.26,600/- towards the claim instead of Rs.62,990/-. It is further submitted that the opposite party No.1 had reduced the values of the spare parts and labour charges without any basis. It is also noted by the complainant that the opposite party No.2 had committed mistake in preparing estimation and final bill. Opposite party No.2 had mentioned different names of same spare parts in estimates and final bill and it caused heavy damages to the complainant. The above said acts of the opposite parties are negligent service and it caused a monitory loss of Rs.39,580/- to the complainant. Hence filed this complaint for an order directing the opposite parties to pay Rs.39,580/- with 12% interest and to pay Rs.10,000/- as cost and compensation.
3. Notice served opposite party No.1 and opposite party No.1 filed version. Opposite party No.2's notice served on 23.09.2014 but he has not appeared before the Forum and not filed version also. Hence he set ex-parte on 29.09.2014. In the version of opposite party No.1, he stated that the petition is not maintainable as per law or on true facts of the case. This respondent denies all the allegations and averments in the petition against this opposite party except those are expressly admitted hereunder. It is admitted that the vehicle KL 12 D 4037 Mahindra Car is insured with this opposite party and met with an accident. But the opposite party denies the expense claimed by the complainant. The opposite party has given the amount entitled by the complainant after proper valuation and as per policy condition and considering depreciation and other lawful deductions. The complainant is not entitled for any amount claimed in the complaint. The complainant had admitted the eligible amount and recorded full satisfaction. There is no deficiency of service on the part of this opposite party. The complaint is liable to be dismissed with cost of this opposite party. Hence prayed to dismiss the complaint with cost of this opposite party.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Exts.A1 to A5 is marked. From the side of opposite party No.1, opposite party No.1 filed proof affidavit and stated as stated in the version and he is examined as OPW1 and Ext.B1 to B3 is marked. Ext.A1 is the copy of Insurance policy it is admitted by complainant and opposite party No.1. Ext.A2(1) is the Receipt issued by the opposite party No.2 to the complainant for an amount of Rs.35,000/- Ext.A2(2) is the Receipt issued by the opposite party No.2 to the complainant for an amount of Rs.27,990/-. Ext.A3 is the Invoice bill issued by the opposite party No.2 to the complainant. Ext.A4 is the Estimate given by the opposite party No.2 to the complainant wherein it is seen that total estimate comes to Rs.85,100/- including the labour charges. Ext.A5 is the bill issued by the opposite party No.2 to the complainant for an amount Rs.62,990/-. Ext.B1 is the Estimate given by the opposite party No.2 to the opposite party No.1, wherein grand total arrived including labour charge is Rs.85,100/-. Ext.B2 is the Loss Assessment Report submitted by the Surveyor to the opposite party No.1 and opposite party No.1 also made calculation in the report and arrived for Rs.26,600/- and Assistant Branch Manager counter signed on it. Ext.B3 is the Bill issued by the opposite party No.2 to the complainant for Rs.62,990/-.
5. On analyzing the complaint, version, affidavit and documents produced by both the parties the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- Anyway the total estimated loss valued was Rs.85,100/- as per Ext.B1 but Surveyor sanctioned Rs.62,990/-. But the opposite party No.2 has not submitted all the bills to the opposite party No.1 or to the Surveyor before his report. Hence the Surveyor and opposite party No.1 came in to a conclusion to the tune of Rs.26,600/- and it is given to the complainant also. But non submitting of all the bill to the opposite party No.1 or the Surveyor is a deficiency of service from the part of opposite party No.2. Hence we are in the opinion that non submitting of all the bills to the Surveyor or the opposite party No.1 is a deficiency of service from the side of opposite party No.2. The Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite party No.2 the opposite party No.2 is liable to refund the difference amount of Rs.36,390/- and cost and compensation to the complainant. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.2 is directed to pay Rs.36,390/- (Rupees Thirty Six Thousand Three Hundred and Ninety) only as the difference amount and to pay Rs.3,000/- (Rupees Three Thousand) only as compensation and Rs.2,000/- (Rupees Two Thousand) only as cost of the proceedings to the complainant. The opposite party No.2 shall comply the Order within one month from the date of receipt of this Order failing which the complainant is entitled for an interest at the rate of 15% per annum for whole amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 27th day of February 2015.
Date of Filing:28.03.2012.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Sunil George. Complainant.
Witness for the Opposite Parties:-
OPW1. Vijayan. C. K. Assistant Manager, Divisional Office II, United India
Insurance Company.
Exhibits for the complainant:
A1. Copy of Insurance Policy.
A2. Receipt (2 Nos).
A3. Copy of Invoice Bill.
A4. Copy of Estimate. dt:18.10.2011.
A5. Copy of Proforma Invoice. dt:12.11.2011.
Exhibits for the opposite party:-
B1. Copy of Estimate. dt:18.10.2011.
B2. Loss Assessment.
B3. Tax Invoice. dt:12.11.2011.
Sd/-
PRESIDENT, CDRF, WAYANAD.
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