<br /> 31/10/2008<br /> COMPLAINANT/BY SRI: - VKS<br /> OPPOSITE PARTY/BY SRI:-<br /> This is a complaint filed U/Section 12 of the Consumer Protection Act, 1986.<br /> The facts of the case are that, the complainant is the registered owner of “TATA 407” vehicle. The vehicle has been insured with the opposite party for a period from 18/07/2007 to 17/07/2008. On 15/9/2008 the vehicle met with an accident. The Driver of the vehicle lodged the complaint to the police. Case was registered in Crime No.340/2007. Vehicle was left with the Arvind Motors Pvt. Ltd., for repairs. On 21/09/2007 the complainant has filed a claim with the opposite party as per the estimate prepared by Aravind Motors Pvt. Ltd.,. Claim is registered as claim No.MV/350/08. The complainant has paid Rs.70,546/- to the Aravind Motors Pvt. Ltd.,. The copy of the receipt is produced. It is the case of the complainant that in spite of several demands the opposite party has not settled the claim. Therefore, the opposite party is a guilty of deficiency of service. The complainant has prayed that opposite party may be directed to pay Rs.70,546/- with interest. Hence, the complaint. <br /> 2. Notice was issued to the opposite party by RPAD. Notice was served. In spite of service of notice the opposite party has not appeared before this Forum. Defense version also not sent even by post. Therefore, the opposite party was placed exparte. <br /> 3. Affidavit evidence of complainant was filed. Arguments are heard.<br /> 4. have gone through the complaint and the documents produced by the complainant. The complainant has produced Motor Insurance Certificate/Policy Certificate. From this document it is clear that the vehicle in question was insured with the opposite party. The period of insurance covered under the policy was from 18/07/2007 to mid night of 17/07/2008. The insured value was Rs.3,00,000/-. The complainant has paid premium amount of Rs.13,226/-. The vehicle of the complainant met with an accident on 15/09/2007 and vehicle was damaged in the accident. Police complaint was lodged. Copies of complaint and FIR are also produced. Motor vehicle accident report is also produced. The complainant has produced receipt for having given the claim petition before the opposite party, but the opposite party has not settled the claim so for though it has received the claim form from the complainant. The complainant has left the vehicle with Aravind Motors Pvt. Ltd., for repairs. The complainant has produced receipts of Aravind Motors Pvt. Ltd.,. The vehicle was got repaired from Aravind Motors Pvt. Ltd.,. The complainant has paid Rs.70,546/- to the Aravind Motors Pvt. Ltd., for getting the vehicle repaired. The case made out by the complainant has gone unchallenged. The opposite party has not appeared before this Forum and there was no defense at all on behalf of the opposite party. The opposite party in spite of service of notice has not put in its appearance before this Forum. It appears that the opposite party has no defense to make. There is absolutely no reason to disbelieve the case put up by the complainant. The affidavit evidence given by the complainant has gone unchallenged. The facts stated in the affidavit shall have to be accepted as true and correct. Since the opposite party has not settled the claim though the claim was put up on 21/09/2007 by the complainant. Therefore, it amounts to deficiency in service on the part of the opposite party. The complainant is entitled the amount spent for repairs of the vehicle. Aravind Motors Pvt. Ltd., is an authorised dealer of TATA Motors. The complainant has spent and paid Rs.70,546/- for getting the vehicle repaired. Therefore, he is entitled that amount since the vehicle was insured with the opposite party and policy was in force on the date of accident. In the result, I proceed to pass the following:-<br /> ORDER<br /> 5. The complaint is allowed. The opposite party is directed to pay Rs.70,546/- to the complainant within 30 days from the date of communication of this order. The opposite party is also directed to pay interest at 12% p.a on the above amount from 21/09/2007 till the payment/realisation. <br /> 6. The complainant is also entitled to Rs.2,000/- towards costs of the present proceedings from the opposite party. <br /> 7. The opposite party is directed to pay the amount directly to the complainant by way of D.D or Cheque with intimation to this Forum. <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br />