By. Sri. Chandran Alachery, Member:-
The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party No.1 to pay Rs.1,76,879/- to the complainant with interest at the rate of 12% per annum from the date of claim till payment being the balance amount of repair charges paid by the complainant out of his pocket with cost of the proceedings.
2. The complainant's case in brief as follows:- The complainant is the owner of Bus No. KL 12 G 4242 and the route permit allotted is Nilambur to Thirunelly. The said was insured with opposite party No.1 vide No.1016003111P00 2292777 and effective date of the commencement of insurance was from 21.03.2012 to 20.03.2013. while so on 15.02.2013, the bus met with an accident by colliding with a lorry. Due to the accident the said bus sustained severe damages. After the accident, the bus was taken to Karur, Tamilnadu for repairing and the said bus got repaired from Sri Chakra KPM Builders Karur and Sree Anjaneya Chassis and Labour Works Karur. The complainant spent around Rs.3,00,000/- for repairing the said vehicle but the complainant is in possession of receipt only for a sum of Rs.2,78,879/-. The complainant claimed the said amount from the opposite party No.1, being the insurer of the said vehicle. But opposite party No.1 sanctioned only Rs.1,02,000/- towards claim. The complainant is compelled to pay the balance repair charges out of his pocket. To settle the full claim, the complainant contacted the opposite party No.1 on several occassions, opposite party No.1 refused to do so. The policy was a package policy and the premium is Rs.47,721/- and complainant says that there is deficiency of service from the part of opposite parties in settling the claim. Hence filed this complaint.
3. On receipt of this complaint, Notices were issued to opposite parties and opposite parties appeared before the Forum and filed version. In the version, the opposite parties contented that on receiving the details of accident, the opposite parties informed this to the surveyor and directed to file survey report. Surveyor filed report on 27.03.2013. The Surveyor filed report after making proper assessment and found a liability of Rs.1,02,318/- only. Out of this amount, the opposite parties paid Rs.1,00,500/- to the complainant after deducting Rs.1,818/-. The opposite parties not made any delay in disbursing the amount to the complainant and further says that there is no deficiency of service from the part of opposite parties.
4. On going through the complaint, affidavit, version of opposite parties the Forum raised the following points for consideration:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
5. Point No.1:- The complainant in addition to the complaint filed proof affidavit and produced documents and marked as Exts.A1 to Ext.A22. The complainant in the cross-examination stated that he was not present at the time of survey and he did not get the copy of survey report. He further stated that he do not know in what basis the surveyor had assessed the damages. The opposite party No.1 in the cross-examination stated that the complainant had submitted claim form and produced Bill for Rs.1,78,870/-. As per Surveyor's Report, the opposite party paid the amount of Rs.1,00,500/-. Again OPW1 stated that the company assess the loss not only on the basis of survey report but also by its own assessment. The Survey Report is not a final one. The company also looks into the Bills produced by complainant. According to opposite party the total expenses as per Bills are Rs.1,78,879/-. The bus is an 2012 model, the accident took place in the year 2013. The Forum perused the Bills and found that as per the Bill produced by the complainant in this case ie as per Ext.A1 to A21, the total amount claimed is Rs.2,78,879/-. But Bill No.12,13,14,15,16,17,18,19 and 21 have no TIN Number and not authentic. But Bill No.7,3,4,5,6,7,8,9 have TIN Number and is authentic. More over, Ext.A2 Bill is only an Pre-invoice for a sum of Rs.57,872/-. The Original Bill for the same amount is produced as Exts.A10 and A11. So Ext.A2, Ext.A10 and Ext.A11 Bills are for the same amount. Double entry cannot be allowed. So the Forum disregard the following Bills while calculating the total claim ie Ext.A2, Ext.A12,Ext. A13, Ext.A14, Ext.A15, Ext.A16, Ext.A17, Ext.A18, Ext.A19, Ext.A20 and Ext.A21. The total sum from the other Bills are calculated as per calculation statement given below.
Total claim as per Ext.A2 to A21. - 2,78,879.00
Less Bills which are produced without TIN Number -
and Not authentic ie Exts.A12 to Ext.A21. - 36,520.00
Balance. - 2,42,359.00
Less Ext.A2 Bill ie pre-invoice in which Original Bills -
of Ext.A10 and Ext.A11 are produced. - 57,872.00
Balance. - 1,84,487.00.
Less Labour Charges ie Ext.A3 ( Not subject Bill to -
depreciation). - 36,000.00.
Balance. - 1,48,487.00.
5% depreciation for the whole balance amount. - 7,424.00.
Balance. - 1,41,063.00.
Add Labour charges ie Bill No.Ext.A3. - 36,000.00.
Balance. 1,77,063.00.
Less the amount already paid by the opposite parties. - 1,00,500.00
Net Balance. - 76,563.00.
6. The complainant is entitled to get the full labour charges. So that amount is fully given and other amounts are calculated as per the above calculation. So the complainant is entitled to get Rs.76,563/- more from the opposite parties towards his claim. The Forum found that the calculation made by the Surveyor is not just and proper. The opposite parties are blindly accepted the Survey Report and passed the amount. So the Forum found that there is deficiency of service from the part of the opposite parties in dealing with this matter. The normal rate of depreciation is 5% per annum. The Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite parties hence the complainant is entitled to get cost and compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite parties are directed to give Rs.76,563/- (Rupees Seventy Six Thousand Five Hundred and Sixty Three Only) towards repair charges including materials cost. The opposite parties are also directed to give Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as cost of the proceedings and Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as compensation. The opposite parties are directed to pay the above amounts to the complainant within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole amounts thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 24th day of June 2014.
Date of Filing:11.11.2013.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Ali. A. P. Complainant.
Witness for the Opposite Parties:
OPW1. Naveen Palliyath. Branch Manager, United India
Insurance Co Ltd, Kalpetta.
Exhibits for the complainant:
A1. Insurance Policy Document.
A2. Pre-Invoice. Dt:22.02.2013.
A3. Labour Bill. Dt:21.03.2013.
A4. Bill. Dt:18.03.2013.
A5. Bill. Dt:16.03.2013.
A6. Bill. Dt:18.03.2013.
A7. Bill. Dt:18.03.2013.
A8. Bill. Dt:18.03.2013.
A9. Bill. Dt:16.03.2013.
A10. Bill. Dt:21.03.2013.
A11. Bill. Dt:22.02.2013.
A12. Bill. Dt:18.03.2013.
A13. Bill. Dt:15.03.2013.
A14. Bill. Dt:23.03.2013.
A15. Bill. Dt:21.03.2013.
A16. Bill. Dt:21.03.2013.
A17. Bill. Dt:19.03.2013.
A18. Bill. Dt:19.03.2013.
A19. Bill. Dt:20.03.2013.
A20. Bill. Dt:21.03.2013.
A21. Bill. Dt:20.03.2013.
A22. Copy of Registration Certificate.
Exhibits for the Opposite Parties:
B1. Motor Final Survey Report. Dt:27.03.2013.
B2. Insurance Policy Document.
Sd/-
PRESIDENT, CDRF, WAYANAD.
