Complaint filed on: 04-09-2010
Disposed on: 21-12-2010
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.2055/2010
DATED THIS THE 21st DECEMBER 2010
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRIGANGANARASAIH, MEMBER
SMT. ANITA SHIVAKUMAR. K, MEMBER
Complainant: -
M/s. Confident Cargo Carriers Pvt Ltd,
No.107, 2nd Floor, 4th Cross,
KPN Extension, Bangaloe-560 002,
Rep. by its Director,
Sri.Hanuman Gupta, aged 57 years,
S/o. late Giani Ram Gupta
V/s
Opposite party: -
The Oriental Insurance Co, Ltd,
No.101, Connaught Road,
Queens Road Cross,
Bangalore-560 052,
Represented by its
Branch Manager
O R D E R
SRI. D.KRISHNAPPA., PRESIDENT.,
Brief facts of the complaint filed by the complainant against the opposite party are, that they had purchased a car for the use of its director, which was insured with the OP from 28-11-2008 to 27-11-2009. That vehicle met with an accident on 29-12-2008 and was totally damaged due to impact. In the course of the accident, one hand bag containing original RC book was missing. They had filed a complaint to the concerned police regarding the accident and also regarding missing of the RC book. They got the vehicle, damage estimated at Rs.8,55,375/-. The vehicle had been insured with IDV value for Rs.6,00,000/-. The surveyor of the OP assessed the IDV value at Rs.6,00,000/-. The OP had initially agreed to settle the IDV value, but latter on changed its version and came forward to settle at Rs.5,00,000/- only, OP sought certain documents including RC book. That he had obtained a copy of RC book from the RTO and was given to OP. Then the OP told them, that it was unable to sell the salvage due to duplicate RC and did not find any buyer for buying salvage. Because of this he had agreed to receive Rs.5,00,000/- and to retain salvage with him. He also informed the OP to pay Rs.3,16,052-96 due to his financier M/s. Kotek Mahendra Prime Ltd and to pay the balance amount of Rs.1,83,947/- to them, but the OP has failed the settle his claim though they had agreed to receive Rs.5,00,000/- by keeping salvage with them. Therefore has prayed for a direction to the OP to pay him Rs.6,00,000/- the insured value with interest at 24% per annum and also to award damages of Rs.1,00,000/- with compensation of Rs.20,000/- for his mental agony.
2. OP has appeared through his advocate and filed version, denying any deficiency in his service. The OP without disputing that the complainant’s vehicle had been insured with them with IDV value of Rs.6,00,000/- and admitted to had offered to pay Rs.6,00,000/- to the complainant. It is further contended that for want of RC book they could not sell the salvage, therefore they had offered to pay Rs.5,00,000/- leaving salvage to the complainant and that the complainant had also agreed to receive Rs.5,00,000/- towards full settlement of his claim but contended that the complainant since did not produce necessary documents, the claim was repudiated and therefore justifying repudiation has prayed for the dismissal of the complaint.
3. In the course of enquiry into the complaint, the complainant and the manger of the OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant alongwith the complaint has produced a copy of insurance policy, copy of duplicate RC book, copy of the policy and copies of certain correspondences that went on between the complainant and the OP. OP has also produced copies of those letters they had received and reply sent. We have heard the counsel for both parties and perused the records.
4. On the above materials following points for determination arise.
1) Whether the complainant proves that the OP has caused deficiency in his service in not paying the insured value of the vehicle?
2) To what reliefs, the complainant is entitled to?
5. Our findings are as under:
Point no.1: In the affirmative
Point no.2: See the final Order
REASONS
6. Answer on Point No.1: As could be seen from the contentions of both parties, we do not find much dispute between them regarding the entitlement of the complainant and liability of the OP to pay the insured value of the damaged vehicle. Admittedly, the IDV value of the vehicle is shown as Rs.6,00,000/- and the OP had agreed to pay the insured value to the complainant, on the complainant giving them the original RC books. It is not in dispute further that the OP could not sell the salvage for want of original RC book and he did not find buyer to buy the salvage agreed to pay Rs.5,00,000/- leaving the salvage to the complainant himself. The complainant then consented and agreed to receive Rs.5,00,000/- and to retain the salvage. But, thereafter it is found that the OP did not do much progress in settling the claim of the complainant as proposed by him, but repudiated the claim on the ground of not getting the original RC book and signed form No.30 etc. But when the complainant himself agreed to retain the salvage and receive Rs.5,00,000/- towards full satisfaction of the loss, the OP ought to have settled the claim of the complainant but not doing so has repudiated the claim. The letter of OP dated 31-8-2009 and earlier letter, requesting the complainant to furnish RC book, vehicle keys and original insurance policy had no relevance to the issue. In view of the complainant’s willingness to retain the salvage, and to receive Rs.5,00,000/- OP should have settle the claim of the complainant.
7. At one stage, the complainant had requested OP to pay Rs.3,16.052.96 due to his financier out of insurance amount of Rs.5,00,000/- and the balance amount to him. Thereafter after 2009, it is not known what is the amount due to the financier as such this forum cannot bifurcate the amount payable to the complainant’s financier. As such we under these circumstances direct the OP to pay the insurance amount to the complainant. With the result, we answer point No.1 in the affirmative and pass the following order:
ORDER
Complaint is allowed. OP directed to pay Rs.5,00,000/- to the complainant within 30 days from the date of this order. Failing which, they shall pay interest at 9% per annum from the date of this order till the date of payment.
OP also directed to pay Rs.25,000/- to the complainant for delay in settling the claim of the complainant and towards hardship and mental agony caused to him and that amount shall be paid within 30 days as stated above. Failing which, OP shall pay interest at 9% per annum from the date of this order till the date of payment.
OP shall also pay cost of Rs.3,000/- to the complainant.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 21st December 2010.
Member Member President
