Delhi

East Delhi

CC/8/2018

PRADEEP KUMAR - Complainant(s)

Versus

CELEBRATE MOTORS - Opp.Party(s)

25 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 8/2018 

 

	PRADEEP KUMAR S/O SURESH CHAND R/O S-22, SUNDR BLOCK SHAKARPUR, DELHI - 11092	….Complainant
Versus
1	CELEBRATE MOTORS PVT. LTD. THROUGH ITS MANAGER PLOT NO.27, INDUSTRIAL AREA, PATPARGANJ, DELHI - 110051	……OP1
2	ICICI LOMBARD INSURANCE CO. LTD. AT:- ICICI LOMBARD HOUSE, 414, VEER SAVARKAR MARG, NEAR SIDDHI  VINAYAK TEMPLE, PRABHADEVI, MUMBAI -400025   HAVING ITS BRANCH OFFICE AT :- ICICI LUMBARD INSURANCE CO. LTD. AT:- DDA, MARKET, 1ST FLOOR, 101, J&K MARKET, DILSHAD GARDEN, DELHI -110095	……OP2

 

Date of Institution	:	09.01.2018
Judgment Reserved on	:	25.04.2023
Judgment Passed on	:	25.04.2023

                  

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

Order By: Shri S.S. Malhotra (President)

JUDGEMENT

1. By this order the Commission shall dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency of service in not reimbursing the complete bill amount of repairing the Scooter despite there being a Zero Depreciation Policy of the Scooter sold by OP. 
2. Brief facts as stated by the complainant in the complaint are complainant is the owner of two wheeler Honda Scooter having registration No.DL7SBY6054 and this Scooter was insured through OP2 i.e. ICICI Lombard Motor Insurance, under Zero Depreciation Policy vide policy No.3005/2010993008/BO000002118 and his scooter got some damage and he approached OP1 for necessary repairs, who after repair raised the bill of Rs.8,234/- and when confronted that he had a Zero Depreciation Policy, he was informed that he has to pay this amount and make claim from the Insurance Company and accordingly and he paid the amount of Rs.8,234/- to the OP1 and filed a claim before OP2 who only paid Rs.5,509/- instead of Rs.8,234/- and has not refunded the rest amount of Rs.2,725/- (wrongly written as Rs.2,525/- in the complaint).  Various letters were written but OP2 refused to make the payment of Rs.2,725/- and aggrieved from the conduct of OP2 he filed the present complaint thereby demanding Rs.2,725/- with interest @ 24% p.a., a compensation of Rs.50,000/- towards mental and physical harrassment and legal expenses of Rs.10,000/- from the OP2.
3. The OPs were served and OP1 was proceeded Ex-parte on 23.04.2019 and OP2 has filed its reply. 
4. OP2 in its WRITTEN STATEMENT has submitted that present complaint case is not maintainable as the complaint of the complainant is not genuine, he has not approached the Commission with clean hands, complaint has been filed with illegal motives to extract money from OP2, the accident of the scooter of the complainant was self inflicted, the surveyor inspected the report and only sanctioned Rs.5,509/- which was given and as such there is no cause of action to file the present complaint. 
5. On merit the complainant had a Zero Depreciation Policy, and it incurred an amount of Rs.8,234/- is not disputed.  However, it is denied that OP2 has arbitrarily deducted Rs.2,725/- and it is submitted that liability of answering OP2 was accessed in view of Zero Depreciation Policy and no amount was depreciated from the Company’s price list therefore allegations of the complainant are baseless, the compensation and legal expenses are stated to be highly exaggerated and it is prayed that complaint of the complainant be dismissed. 
6. Complainant has filed Rejoinder to the Written Statement of OP and denied the contents of Written Statement and reiterated the facts mentioned in the complaint. 
7. Both the parties have filed their respective evidences. 
8. Complainant has filed the written arguments. 
9. The Commission has heard the arguments and perused the record. 
10. The fact that OP has a Zero Depreciation Policy and amount can be deducted  in case of accidental repairs as per the policy, where the OP has issued the Zero Depreciation Policy is not in dispute.  The OP1 raised bill of Rs.8,234/- and OP sanctioned only Rs.5,509/- are also not disputed.  The contention of OP is that the surveyor has only sanctioned Rs.5,509/- and which have been given was to be proved by the OP as to why the surveyor has sanctioned this amount and OP has failed to prove this aspect by way of any evidence.  Why the amount of Rs.2,725/- was deducted, whether it was on account of any fault of the complainant, whether it was on account of any fault of the OP1 who might have charged extra charges were the facts which were to be proved by the OP by examining the surveyor whose report is being accepted by the OP2 and the same has not been done by OP2. Even otherwise the report of the surveyor and the process of accepting that report is an internal arrangement in between the Insurer and OP, and the complainant has no role to play in between OP2 and the Surveyor but if his amount is being not paid properly OP2 should have shared this Surveyor report so as to explain him that on particular account the particular part of this claim is not maintainable.  Even this is not done by the OP2.  Therefore, OP2 has not been able to prove as to why the amount of Rs.2,725/- has been deducted and accordingly the Commission is of the opinion that this amounts to deficiency in service by OP2. As far as OP1 is concerned no case is made out against OP1 and as such complaint of the complainant against OP1 is dismissed and is allowed against OP2.    
11. Therefore, the Commission accordingly hereby directs the OP2 to pay the complainant as follows:

•  OP2 to pay Rs.2,725/- with interest @ 9% p.a. from the date of filing the complaint. 
• OP2 to pay Rs.2,000/- towards compensation and damages including legal expenses.  

This order be complied with within 30 days from the date of receipt of the order and if not complied with an interest @ 12% p.a. would be charged on the above stated amounts.

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room

Announced on 25.04.2023