BEFORE THE DISTRICT CONSUMER FORUM :: WARANGAL
Present : Sri D. Chiranjeevi Babu,
President.
And
Patel Praveen Kumar,
Member.
Monday the 21st day of March, 2011.
CONSUMER COMPLAINT No.17/2010
Between:
Ahmeda Begum,
W/o Farooq Pasha
Age: Major, Occ: Business,
R/o H.No.19-22,
Cherial (V) & (M),
Warangal District. … Complainant
And
1) The Oriental Insurance Company Limited,
D.O.3, No.7, Nugambakkam High Road,
Chennai – 34.
2) The Branch Manager,
Sriram Transpot Finance Co.Ltd.,
D.No.1-7-1177, Amuktha Complex,
1st Floor, Opp: Ekashila Park,
Balasamudram, Hanamkonda.
… Opposite Parties
Counsel for the Complainant :: Sri K.Sree Rama Krishna, Advocate.
Counsel for the Opposite Party No.1:: Sri Ch.Upender, Advocate.
Counsel for the Opposite Party No.2 :: Sri Y. Manohar Rao, Advocate.
This complaint is coming for final hearing before this Forum, the Forum pronounced the following order.
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ORDER
Sri D.Chiranjeevi Babu, President
This complaint is filed by the complainant Ahmeda Begum against the opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay an amount of Rs.39,926/- with interest @12% p.a. from the date of complaint till the date of realization.
The brief averments contained in the complaint filed by the complainant are as follows:
The case of the complainant is that the complainant purchased the vehicle bearing No.AP36-T-9493 with the finance provided by opposite party NO.2 and the said vehicle was insured with opposite party NO.1 under Policy valid from 26-09-2006 to 25-09-2007. On 07-03-2007 the said vehicle met with an accident and the same was intimated to opposite party No.1 who deputed a Surveyor and the said Surveyor visited the spot and inspected the vehicle and assessed the loss and damages and submitted his report to opposite party No.1. The complainant by enclosing all documents submitted the claim form to opposite party No.1 with the estimated loss of Rs.23,475/- as per the bills submitted by him. But the opposite party No.1 failed to settle the claim and dodged the matter on one or other pretext. Vexed with the attitude of opposite party No.1, the complainant got issued legal notice dated 13-11-2009 demanding the opposite parties to settle the claim, for which a reply was given dt.11-02-2010 stating that the claim was not payable on the ground that the damages were not relevant to the cause of accident as alleged in the claim form. The act of opposite parties amounts to deficiency of service. Hence, filed this complaint praying to direct the opposite parties to pay Rs.39,926/- with interest and costs.
The opposite party No.1 filed the Written Version stating that the complainant created false documents ie., bills, quotations and receipts for the purpose of the case with an intention to gain excess amounts illegally from the opposite parties. The complainant is not entitled any amounts much less the amount mentioned in the complaint. Even though, the complainant is not entitled more than Rs.17,500/- which was assessed by Simax Surveyros. Apart from that the claim of the complainant is very excessive.
CC 17/2010 -- 3 --
After intimation of the complaint regarding accident the opposite party NO.1 deputed a surveyor to assess the loss sustained by the complainant for which the surveyor gave a report by assessing the loss at Rs.23,476/- but while processing the claim the opposite party No.1 has appointed and opted for second opinion regarding the loss sustained by the complainant and appointed M/s Simax Surveyor, Category A Surveyors, after surveying the said M/s Simax Surveyors have gave the report that the said accident is not relevant to the damages sustained. Later the complainant got issued legal notice for which the opposite party No.1 gave reply by denying the liability of and opposite party and the reason for repudiating the claim and requested this Forum to dismiss this case.
The opposite party No.2 filed the Written Version stating that the opposite party No.2 is not a necessary and proper party in the above complaint for the reason that the complainant is the registered owner of the vehicle bearing No.A.P.36 T 9493 and opposite party No.2 is only a financier which provided finance to the complainant for purchase of the vehicle. Except the role of financier, the opposite party No.2 is in no way concerned either with the accident or the liability rises out of the accident or with the insurance claims. It is true that the said vehicle met with an accident on 07-03-2007 and the damages were assessed by the opposite party NO.1 through its Surveyor at a sum of Rs.23,475/- as informed by the complainant and this opposite party also informed the same to the opposite party No.1 as requested by the complainant. It is learnt that the claim of the complainant was under process. Thereafter no communication was made by the complainant or the opposite part no.1 with this opposite party. The opposite party No.2 has informed all the particulars as received from the complainant to the opposite party No.1 and whatever the documents required by the opposite party NO.1 were supplied to them. Hence, there is no deficiency of service on the part of this opposite party and requested this Forum to dismiss this case.
The complainant in support of his claim, filed his Affidavit in the form of chief examination and also marked Exs.A-1 to A-17. On behalf of opposite parties N.Kalpana and K.Devender Reddy filed their Affidavits in the form of chief examination and also marked Exs.B-1 to B-9.
Now the point for consideration is:
1) Whether there is any deficiency of service on the part of the opposite parties?
2) If so, to what Relief?
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Point No.1:-
After arguments of both side counsels our reasons are like this:
We verified the documents filed by the complainant i.e, Ex.A-1 is the Motor Insurance Certificate cum Policy schedule, GCCV – Public Carriers other than Three Wheelers Package Policy, Zone C from Oriental Insurance Company, Ex.A-2 is the Motor claim form, Ex.A-3 is the letter addressed by Srinivas Reddy, Insurance Surveyor to the Branch Manager, Shriram transport Finance Co.Ltd., Ex.A-4 is the Survey/Investigation Bill Pre-Receipt, Ex.A-5 is the Certification of Registration of lorry, Ex.A-6 is the Driving License, Ex.A-7 is the Panchanama, Ex.A-8 is the office copy of legal notice issued to opposite parties, Ex.A-9 is the Acknowledgment, Ex.A-10 is the letter addressed to the Oriental Insurance Company Limited, Chennai with regard to the cost of the charges, Ex.A-11 is the letter from opposite party No.1 to the complainant, Ex.A-12 is the reply from opposite party to the complainant, Ex.A-13 is the legal notice issued to opposite parties, Ex.A-14 to A-16 are the Postal Receipts and Acknowledgments. In this case we gone through the documents filed by the complainant and Ex.A-7 i.e, Panchanama it clearly goes to show that the Lorry bearing No.AP369493 was going towards one village, suddenly the lorry hit one tree accidentally and the lorry’s front portion was damaged. So as per this it clearly goes to show that the accident was occurred and the lorry was damaged, because the said lorry met with an accident accidentally. The lorry met with an accident accidentally and the same was damaged, the accident was occurred not mechanically, it is accidentally. When the lorry met with an accident accidentally certainly the insurance is liable to pay damages for the loss sustained to the lorry.
Further in this case the opposite party No.2 is only a formal party they also helped the complainant and they themselves appointed one surveyor and the surveyor assessed the loss for an amount of Rs.23,475/- and the complainant also asking the loss sustained to the lorry for an amount of Rs.23,475/-. We especially based on Ex.A-7 and we accept the same and come to the conclusion that because of the accident the lorry was damaged. For the said damages of lorry certainly the insurance is liable to pay compensation. To prove the version of opposite party No.1 that they are not liable to pay anything they have not filed any valid document and they have not mentioned any valid reasons in their Written Version and Affidavit. Already the complainant submitted the photographs and the receipts to the insurance. Ex.B-2 photographs of the damaged lorry clearly goes to show
CC 17/2010 -- 5 --
that the lorry was damaged. Exs.B-3 is the motor claim form, Ex.B-4 is the estimation to the vehicle AP 36 T 9493 addressed a letter to the Oriental Insurance Company by the Balaji Mechanic Works, Ex.B-5 is the opinion report of Simax Surveyors, Ex.B-6 is the bunch of receipts, they clearly goes to show that the accident was occurred, he filed photographs and receipts of the damaged parts purchased by him to the lorry. We accept the above documents and come to the conclusion that the complainant is entitled to get damages from the Insurance Company only i.e, opposite party NO.1.
For the foregoing reasons given by us we come to the conclusion that on the basis of above documents we come to the conclusion that there is an accident took place to the lorry and front portion of the lorry was damaged and for the front portion of the lorry he already cost was estimated and the damages charged an amount of Rs.23,475/- is entitled by the complainant. The complainant insured his vehicle with opposite party NO.1 and the policy is valid from 26-09-2006 to 25-09-2007. The accident took place on 7-03-2007. So at the time of accident to the lorry the policy was in force. So the complainant is entitled to get damages from opposite party No.1 and we answered this point accordingly in favour of the complainant against opposite party No.1
Point NO.2: To what Relief:- The first point is decided in favour of the complainant against the opposite party NO.1 this point is also decided in favour of the complainant against the opposite party NO.1.
In the result, this complaint is allowed and we direct the opposite party NO.1 to pay an amount of Rs.23,475/- (Rs.Twenty three thousand four hundred and seventy five only) to the complainant along with interest @7.5% p.a. from the date of filing of the complaint i.e, 10-03-2010 till the date of deposit. The opposite party NO.1 is also directed to pay Rs.500/- (Rs.Five hundred only) towards costs.
A month’s time is granted to the opposite party No.1 for the compliance of the order.
The claim against the opposite party NO.2 is dismissed without costs.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 21st March, 2011.)
PRESIDENT Male Member
District Consumer Forum, Warangal
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Parties
Affidavit of complainant filed. Affidavit of opposite party No.1 filed.
Affidavit of opposite party NO.2 filed.
EXHIBITS MARKED
ON BEHALF OF COMPLAINANT
1. Ex.A-1 is the Xerox copy of Motor Insurance Certificate cum Policy Schedule.
2. Ex.A-2 is the Xerox copy of Claim form.
3. Ex.A-3 is the letter from Insurance Surveyor to Opposite Party NO.2,
dt.22-03-07.
4. Ex.A-4 is the Survey/Investigation Bill, Pre Receipt, dt.22-03-2007.
5. Ex.A-5 is the Certificate of Registration issued by Transport Department.
6. Ex.A-6 is the Driving License.
7. Ex.A-7 is the Panchanama.
8. Ex.A-8 is the office copy of legal notice issued to opposite party NO.1, dt.13-11-2009.
9. Ex.A-9 is the Acknowledgment.
10. Ex.A-10 is the estimation bill and spare parts.
11. Ex.A-11 is the Reply from opposite party No.1, dt.11-02-2010.
12. Ex.A-12 is the Reply from opposite party No.2, dt.18-11-09.
13. Ex.A-13 is the office copy of legal notice issued to opposite party NO.1, dt.13-11-2009.
14. Ex.A-14 to A-16 are the Postal Receipts and Acknowledgment.
ON BEHALF OF OPPOSITE PARTIES
1. Ex.B-1 is the Private and Confidential Motor Spot Survey Report issued by Insurance Surveyor.
2. Ex.B-2 is the Motor (Final) Survey Report.
3. Ex.B-3 is the Motor Claim Form.
4. Ex.B-4 is the estimation bill of spare parts issued by Balaji Mechanic Works.
5. Ex.B-5 is the Opinion Report issued by Simax Surveyors.
6. Ex.B-6 is the Bunch of Receipts.
7. Ex.B-7 is the G.V.R. Form.
8. Ex.B-8 is the Motor Insurance Certificate cum Policy Schedule.
9. Ex.B-9 is the Certificate of Registration.
PRESIDENT
