Andhra Pradesh

Visakhapatnam-II

CC/98/2014

K.S. Reddy - Complainant(s)

Versus

United India Insurance Company Limited - Opp.Party(s)

M Jagannadham

03 Jul 2015

ORDER

  Reg. of the Complaint: 28-03-2014                                                                                                                               Date of Order:03-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

FRIDAY, THE 3^rd  DAY OF July, 2015

CONSUMER CASE NO.98/2014

 

BETWEEN:

K. Srinivasa Reddy, S/o V.K. Reddy, Hindu,

aged 45 years, residing at D. No. 49-34-30A,

Akkayyapalem, Visakhapatnam-16.

…Complainant

AND:

1.The Manager, United India Insurancae Co., Ltd.,

   Plot No.125/5, M.V.P Double Road, beside.T.T.D

   Kalyanamandapam, Visakhapatnam-530 017.

2.The Regional Manager, United India Insurance Co., Ltd.,

   Dabagardens Bus Stop, Visakhapatnam.

3.Madhava Premier Rep. by its M.D. C. Kalyan Kumar,

   Madhavadara, NH-5, Birla Junction , Visakhapatnam.

…Opposite Parties

This case coming on 17-06-2015 for final hearing before us in the presence of      Sri Manda Jagannadham and Sri G. Ramesh Babu, Advocates for the Complainant, and Sri S.S. Mohana Rao, Advocate for the 1^st Opposite Party, and the Opposite Parties 2 and 3 being exparte and having stood over till this date for consideration, this Forum made the following.

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1. The case of the complainant in brief is that the complainant/insured his vehicle bearing No.AP 31 TA 3305 with the 1^st Opposite Party, Policy No.1502013112P303126647 and it is valid from 16.03.2013 to 15.03.2014, on the said package policy IDV is mentioned (Insured Declare Value) Rs.3,00,000/- (Rupees three lakhs only), the Complainant paid premium of Rs.15,775/- to the 1^st Opposite Party.  On 10.12.2013 the vehicle met with an accident the Complainant intimated the same and FIR also registered.   Spot Serveyor assessed the vehicle  damages but not stated any amount.  The 3^rd Opposite Party estimated losses to a tune of Rs.4,48,335/-.   Inspite of the many requests made by the Complainant the Opposite Party did not settle his claim.  Hence, this complaint.
2. a) direct the Opposite Parties 1 and 2 are jointly and severally liable to pay a sum of Rs.1,80,000/- with interest @ 24% p.a. (insured declare value of Rs.3,00,000/- - paid amount of Rs.1,20,000/-=balance amount to be paid a sum of Rs.1,80,000/-)  from the date of filing of the Complaint, till the date of realization;

b) The 1^st and 2^nd Opposite Parties are liable to pay a sum of Rs.1,800/- for shifting the vehicle to garriage i.e., as per the permission of 1^st Opposite Party’s Surveyor;

c) The Opposite Parties 1 and 2 are liable to pay Rs.50,000/- towards mental agony;

d) for cost of the Complaintl; and

f) for such other relief or reliefs as the Forum may deems fit and proper in the circumstances of the case.

 

3. The 2^nd and 3^rd Opposite Parties did not appear before this Forum and hence they are set exparte and remained exparte.

 

The 1^st Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The Opposite Parties stated that according to their Final Surveyor and Report submitted on 05.02.2014,in his report that net assessed loss on repair loss basis is Rs.1,87,647/-, insured had insisted for settling his claim on total loss basis, since the repair loss assessment is not crossing 75% of IDV, it is not coming under the purview of total loss and also the highest wreck offer has come for Rs.60,000/- since the insured vehicle’s engine also warrants re-alignment.  In view of the insured’s financial status, insured has requested to settle his claim on cash loss basis and finally Surveyor liability of the insurers on Net of Salvage loss basis is Rs.1,20,000/-.  On 24.02.2014 the Complainant had signed in Claim Discharge Cum Satisfaction Voucher and received an amount of Rs.1,20,000/- towards full and final settlement of the claim.   After receiving of the agreed amount, he got filed this present complaint and claiming for Rs.1,80,000/- and other reliefs.   After receiving the said amount towards full satisfaction by the Complainant the Opposite Parties are not liable to pay any reliefs asked by the Complainant.

4.       At the time of enquiry, both parties filed affdiavits as well as the written arguments to support their contentions. Exs. A1 to A11 and Exs.B1 to B7 are marked for either side.   Heard both sides.

5.       Ex.A1 is the photo copy of Certificate of Registrastion Form-23 issued by the Addl. Registering Authority, Visakhapatnam in favour of the Complainant dated 03.04.2010.  Ex.A2 is the Photo copy of Tax Receipt  an amount of Rs.860/- in favour of the Complainant issued by the me-Seva dated 31.12.2013.   Ex.A3 is photo copy of Fitness Certificate issued by the M.V. Inspector, Visakhapatnam dated 29.03.2014.  Ex.A4 is the photo copy of Driving Licence in favour of Shaik Akbar dated 17.11.1997.  Ex.A5 is the photo copy of Certificate of Insurance Policy of the Complainant dated 16.03.2013.  Ex.A6 is the photo copy of First Information Report issued by P.M. Palem Police Station, Visakhapatnam to the driver of Shaik Akbar dated 11.12.2013.  Ex.A7 is the photo copy of Complaint copy sent by driver of Shaik Akbar to the S.I of P.M. Palem Police Station dated 11.12.2013.  Ex.A8 is the original copy of Bill/Cash Invoice issued by the Jai Chintamani Cranes dated 03.02.2014.  Ex.A9 is the original copy of Estimation issued by the 3^rd Opposite Party dated 21.01.2014.  Ex.A10 is the office copy of letter along with receipt addressed by the Complainant to the Opposite Party dated 13.02.2014.  Ex.A11 is the photo copy of Cheque for Rs.1,20,000/- issued by the ING Vysya Bank in favour of the Complainant dated 24.02.2014.

6.       Ex.B1 is the photo copy of Certificate of Insurance Policy in favour of the Complainant dated 16.03.2013.  Ex.B2 is the original Claim Intimation letter sent by the Complainnant to the Opposite Parties dated 10.12.2013.  Ex.B3 is the original copy of Spot Survey Report (Motor) issued by Sri I. Bhaskar Rao, Surveyor & Loss Assessor dated 07.01.2014.  Ex.B4 is the original Motor (Final Assessment) Surveyor Report issued by T. Venkateswara Rao Surveyor & Loss Assessor dated 05.02.2014.  Ex.B5 is the original letter addressed by the Complainant to the 1^st Opsposite Party dated 04.02.2014.   Ex.B6 is the original Assessement of Loss by office issued by the Opposite Parties dated 10.12.2013.  Ex.B7 is the original Claim Disbursement Voucher issued by the Opposite Parties dated 24.02.2014.

7.       The fact shown from Ex.B4 revelas that the Complainant requested the Opposite Party to consider his claim on cash loss basis to a tune of Rs.1,20,000/- as he is not in a possession to got his vehicle repaire which was damaged in the above accident.  Ex.B4 reveals that the final surveyor gave his report dated 5.2.2014 and assessed loss on net of Salvage basis Rs.1,20,000/-. 

8.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? If so, Whether the Complainant is entitled to the reliefs asked for?

9.       After careful perusal of the case record, this Forum finds that there is no dispute regarding the accident of the vehicle which was insured by the 1^st Opposite Party.   After intimation made by the Complainant the spot surveyor visited to accident spot and gave his report on 07.01.2014.   The accident was occurred on 10.12.2013, the Final Surveyor Report is given in the year 2014.  The Complainant requested the Opposite Parties to settle his claim as he was not unable to repaire his vehicle and considered his claim on cash loss basis to a tune of Rs.1,20,000/- dated 4.2.2014 according to Ex.B5.   The 3^rd Opposite Party is only repairer who assessed the loss and upon payment only they will repair the damaged vehicle.   So, the 3^rd Opposite Party is nsot at all liable and it is only a proforma party.  The Opposite Party after inspection of the accident spot and final report on 5.2.2014 on 4.2.2014 the Complainant requests the Opposite Party to consider his claim for Rs.1,20,000/-.   Moreover, the Complainant was issued a letter to the Opposite Parties dated 13.02.2014 which was received by the Opposite Parties but kept silent.   As per final Surveyor Report the Complainant will get Rs.1,87,647/-.   Ex.B7 shows that the Complainant received Rs.1,20,000/- only.  So, the Opposite Party has due an amount of Rs,67,000/- to the Complainant, though the surveyor assessed loss to a tune of Rs.1,87,647/- the Opposite Parties gave an amount of Rs.1,20,000/- to the Complainant.  We are of the opinion, that the Ex.B4 is prepared after the Complainant is ready to take Rs.1,20,000/-, the Opposite Parties taken an undue advantage of the letter of the Complainant dated 4.2.2014.   We are of the opinion, that after receiving of this letter i.e., Ex.B5, the Opposite Parties created Ex.B4 document.   It amounts to deficiency in service couple with unfair trade practice on the part of the Opposite Parties 1 and 2.  Hence, the Complainant is entitled to Rs.67,647/- with interest, some compensation and costs too. 

10.               In the result, this complainant is partly allowed directing the Opposite Parties 1 and 2: a) to pay an amount of Rs.67,647/- (Rupees Sixty seven thousand, Six hundred and forty seven only) (Rs.1,87,647/- - Rs.1,20,000/- =67,647/-) with interest @ 9% p.a. from 28.03.2014 till the date of actual realization, b) a compensation of Rs.20,000/- (Rupees Twenty thousand only) and c) Costs of Rs.2,500/- (Rupees Two thousand and five hundred only) to the Complainant.  Time for compliance, one month from the date of this order.

                   However,, the case against the 3^rd Opposite Party is dismissed.   No costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 3^rd  day of July, 2015.                                                   

 

Sd/-                                                          Sd/-                                             Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:        

Exhibits	Date	Description	Remarks
A-1	03.04.2010	Certificate of Registration Fsorm-23 issued by the Addl. Registering Authority, VSP in favour of the Complainant	Photo copy
A-2	31.12.2013	Tax Receipt an amount of sRs.860/- in favour of the dComplainant issued by the me-Seva	Photo copy
A-3	29.03.2014	Fitness Certificate issued bdy the M.V. Inspector, VSP	Photo copy
A-4	17.01.1997	Driving Licence in favour of Shaik Akbar	Photo copy
A-5	16.03.2013	Certificate of Insurance Policy of the Complainant	Photo copy
A-6	11.12.2013	FIR issued by P.M. Palem Police Station, VSP to the driver of Shaik Akbar	Photo copy
A-7	11.12.2013	Complaint sent by Driver of Shaik Akbar to the S.I of P.M. Palem Police Stastion	Photo copy
A-8	03.02.2014	Bill/Cash Invoice issued by the Jai Chintamani Cranes	Original
A-9	21.01.2014	Estimation issued by the 3 rd OP	Original
A-10	13.02.2014	Letter along with receipt addressed by the Complainant to the OP	Office copy
A-11	24.02.2014	Cheque for Rs.1,20,000/- issued by the ING Vysya Bank in favour of the Complainant	Photo copy

Exhibits Marked on behalf of the OPs:    

Exhibits	Date	Description	Remarks
B-1	16.03.2013	Certificate of Insurance Policy in favour of the Complainant	Photo copy
B-2	10.12.2013	Claim Intimation letter sent by the Complainant to the OPs	Original
B-3	07.01.2014	Spot Survey Report (Motor) issued by Sri I. VBhasjar Rao, Surveyor & Loss Assessor	Original
B-4	05.02.2014	Motor (Final Assessement) Ssurveyor Report issued by T. Venkateswara Rao, Surveyor & Loss Assessor	Original
B-5	04.02.2014	Letter addressed by the Complainant to the 1st OP	Original
B-6	10.12.2013	Assessement of Loss by office issued bdy the OPs	Original
B-7	24.02.2014	Claim Disbursement Voucher issued by the OPs	Original

 

Sd/-                                                             Sd/-                                                     Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER