Date of filing : 21-06-2010
Date of order :30-11-2010
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C. 144/2010
Dated this, the 30th day of November 2010
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
T.P.Babu, S/o. Kalyani,
Keloth H.No.1.125A, } Complainant
Pullur Periya GP, Haripuram.Po,
Anandashram, Kasaragod.
(In Person)
The Oriental General Insurance Co.Ltd, } Opposite party
D.03, No.7, Uttamar Gandhi Salai,
Rosy Towers, 2ns floor, Chennai 600034,
(Adv. A.K.V.Balakrishnan, Hosdurg)
O R D E R
SMT. P.RAMADEVI, MEMBER
Complainant, Mr.Babu.T.P filed this complaint alleging deficiency in service on opposite party.
The complaint in brief is as follows:
That the complainant is the RC Owner of the vehicle bearing registration No.KL14.C313. The vehicle is insured with the opposite party, Oriental Insurance Company. The vehicle met with an accident and the same is informed the opposite party and the concerned police station. The damaged vehicle was surveyed by the authorized surveyor appointed by the opposite party. The vehicle was repaired by spending approximately `60,000/- and the same was informed to the opposite party and the opposite party agreed to provide compensation on submission of claim petition. Complainant submitted the claim petition along with the required documents. But there was no response from the opposite party. Then the complainant contacted the opposite party several occasions and the opposite party told that the claim is under process. But still the opposite party has not considered the claim petition. The complainant availed loan for purchasing the vehicle and a large amount is due to the financiers. Hence the complainant sent a demand notice to opposite party and they sent a reply stating that claim petition cannot be processed for want of documents. According to the complainant he has submitted all the documents. Hence the complaint is filed for necessary reliefs.
2. The opposite party duly served the notice and Adv. A.K.V.Balakrishnan filed vakalath and version. As per the version the opposite party admits the accident and the submission of claim form by the complainant. But the repair charges as per survey report is only `23,438/-. According to the opposite party the claim is not repudiated and it is still pending for want of certain documents and the complaint is liable to be dismissed.
3. The evidence in this case consists of the evidence of PW1 the complainant and Exts A1 to A3 documents and on the side of opposite party Exts B1 to B3 documents.
4. Here the issues raised for consideration are
1. Whether there is any deficiency in service on the part of the opposite party?
2. What is the order as to cost and compensation?
Here there is no dispute regarding the accident and insurance policy is in force. There is no repudiation of claim also. The dispute is only with regard to the production of documents such as Registration certificate, fitness certificate the driving licence, permit and Road Tax Token. Ext.B1 is the report submitted by the Surveyor appointed by the opposite party. The surveyor specifically stated in page No.4 of his report that at the time of inspection he has verified the insurance policy, RC, DL etc. Once the surveyor verified all the documents pertaining to the vehicle and on that basis he prepared the report and the same is duly accepted by the opposite party. It is not fair on the part of the opposite party to demand the same documents for settling the claim. Hence nothing prevented the opposite party to settle the claim petition filed by the complainant.
5. The other point is with regard to the amount of repair charges. According to complainant he spent `60,000/- towards repair of vehicle. Except the oral testimony of PW1 there is no documents to show that he spent `60,000/- as repair charges. To assess the damages claimed in the accident the surveyors report is only available before the Forum i.e, Ext.B1 report. As per Ext.B1 the amount shown as compensation is 23,438/-. Hence the opposite party is liable to pay `23,438/- to the complainant as compensation for the accident.
Therefore the complaint is allowed and the opposite party is directed to pay `23,438/-towards insurance claim with 9% interest per annum from the date of complaint till payment and `2,000/- as costs of the proceedings. Time for compliance is 30 days from the date of receipt of copy of the order. Failing which the complainant is entitled to get interest @ 12% per annum from the date of complaint till payment.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1.16-04-2010 copy of lawyer notice.
A2.Postal receipt
A3. Acknowledgement card.
B1.29-02-2008 Motor Survey Report.
B2.24-05-2010 reply notice.
B3. Postal acknowledgement card.
PW1. T.P. Babu
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
