Date of filing : 18-01-2010 Date of order : 11-03-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 08/2010 Dated this, the 11th day of March 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Ajith Kumar Krishna, S/o.Late Krishnan, Hotel Parkway Karuna Dhama, } Complainant Near Old Bus Stand, K.S. Rao Road, Mangalore. D.K. (In person) 1. The United India Insurance Co. Ltd, } Opposite parties Divisional Office V. No.25, Shankaranarayana Building, M.G.Road, Bangalore. 560001. 2. The United India Insurance Co.Ltd, Branch Office Padmavathy Commercial Complex.P.B.No.19, MG Road, Kasaragod. 671 121. (Adv.C.Damodharan, Kasaragod) O R D E R SMT.P.P.SHYMALADEVI, MEMBER The case of the complainant is as follows: That the complainant is the RC Owner of Motor Car bearing Reg.No.KA.19B-4267 and the said vehicle is duly insured with the United India Insurance Co.Ltd, M.G.Road, Bangalore. The policy is valid from 16-01-08 to 15-01-2009. The vehicle was met with an accident on 10-05-2008 at Hosangady, Manjeshwar and hence he had informed the accident to M/s United India Insurance Co.Ltd, Hosangady, Manjeshwaram branch. Thereafter vehicle was repaired at M/s Deepak Automobiles Service, Kumbala. On 12-05-08 Mr.Vinodkumar, Insurance Surveyor of opposite party has inspected and assessed the damage for Rs.20115/- and submitted his report to opposite party No.2. Opposite party No.2 sent all documents to opposite party No.1 on 12-6-2008 for sanction the claim. Though the claim for damages were preferred before the opposite parties they were not turned up to settle the claim. Hence the complainant alleging deficiency in service on the part of opposite parties. 2. Notices were issued to opposite parties. They appeared and filed version stating that they have already settled the claim as per survey report and issued a cheque No.56604 dt.11-7-2008 for Rs,19,800/- to the financier in full settlement of the claim. 3. Complainant filed proof affidavit stating that Rs.315/- is the balance he is entitled as per survey report and Exts A1 to A3 marked. No evidence was adduced by the opposite parties. Both sides heard and documents verified. 4. The case of the complainant is that after submitting the claim form and report by surveyor all the records were sent to opposite party No.2 by opposite party No.1 on 12-6-2008. Thereafter opposite parties keep silence to settle the claim. The opposite parties in their counter statement contended that they have settled the claim on 11-07-08 itself to the financier through cheque for an amount of Rs.19,800/-. As per Ext.A2 the surveyor assessed the damage for an amount of Rs.20,115/-. The complainant is entitled to get the amount mentioned in Ext.A2. Therefore we allowed the complaint in part and the opposite parties are directed to pay Rs.315/- to the complainant along with a cost of Rs.1500/-. The time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite parties shall be liable to pay interest @ 12% for Rs.315/- from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.12-6-08 Copy of letter written by United India Insurance Company Ltd A2.7-6-08 Survey Report A3. 11-10-2008 Copy of lawyer notice. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
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