Complaint filed on: 07.11.2015
Complaint Disposed on:18.04.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.140/2015
DATED THIS THE 18th DAY OF APRIL 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Mr.Stany Lobo,
S/o Sylvester Lobo,
Mahalagodu House,
Magadi Post,
N.R Pura Taluk.
(By Sri/Smt. V.T.Thomas, Advocate)
V/s
OPPONENT:
The Branch Manager,
National Insurance Co., Ltd.,
Yashoram Chambers,
R.G Road, Chikkamagalur.
(OP By Sri/Smt. T.R.Harish, Advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in not settling the entire claim under own damage of the vehicle. Hence, prays for direction against Op to pay the balance amount of Rs.8,823/- under own damage claim along with interest at the rate of 18% p.a. and compensation of Rs.10,000/- for deficiency in service.
2. The brief facts of the complaint is that:
The complainant is owner of the Honda Amaze Car bearing registration no.KA-18/P-2188 and insured with Op vide policy no.604901/31/14/6100003579 which is valid from 17.08.2014 to 16.08.2015. Such being the case, on 09.02.2015 the vehicle met with an accident and complainant repaired the same at Magnum Show Room, Bangalore, the surveyor of the Op also conducted survey and submitted the report on 16.03.2015, the complainant had paid Rs.3,150/- towards surveyor fee. After submission of the survey report complainant also filed claim form along with repair bills and relevant documents to Op. In turn the Op had settled the claim only of Rs.39,500/- towards the vehicle damages, after deducting unnecessary deductions, the Op at the time of settling the claim should not make any deductions if done, the Op can deducted only an amount of Rs.2,500/- and the Op also liable to pay surveyor fee of Rs.3,150/- which was paid by complainant, instead of paying the entire own damage claim Op had paid only Rs.39,500/- by deducting Rs.8,823/- without any valid reasons. Hence, complainant on 25.05.2015 wrote a letter and called upon the Op to pay the balance amount of Rs.8,823/-, but after receipt of the letter Op not responded properly. Hence, Op rendered deficiency in service in not paying the entire own damage claim as per the terms and conditions of the policy. Hence, prays for directions against Op to pay the balance amount of Rs.8,823/- along with interest at the rate of 18% p.a. on the said amount and compensation for deficiency in service as prayed above.
3. After service of notice Op appeared through his counsel and filed version and contended that they have issued a policy bearing no.604901/31/14/6100003579 in the name of complainant to his vehicle bearing registration no.KA-18/P-2188 which is valid from 17.08.2014 to 16.08.2015. The liability of this Op if any is subject to terms, conditions, exceptions and limitations of the policy.
The complainant reported the accident of the vehicle on 09.02.2015, thereafter this Op appointed one surveyor D.G.Manjunath to access the loss. On 16.03.2015 the said surveyor submitted the report and basing on the survey report and bills submitted by complainant this Op finalized for payment of Rs.39,500/- towards the own damage. The surveyor had quantified the loss caused to the vehicle at Rs.37,202/- deducting the salvage value of Rs.400/- and policy excess at Rs.3,000/-. This Op has not deducted a sum of Rs.8,823/- as alleged by complainant. This Op has explained the mode of assessment of loss and its computation to the complainant, in fact after understanding the complainant had received an amount of Rs.39,500/- in full and final satisfaction of the claim and executed full satisfaction receipt in this regard.
The claim of the complainant has been calculated as here under:
Sl. No. | Particulars | Estimated Rs. | Assessed Rs. |
1 | Parts/Metal | 24,906.05 | |
2 | Parts/Rubber | 14,667.73 | |
| Total (-) Salvage Net Labour Charges Policy excess (-) Minimum 5% deductible for nil depreciation NET AMOUNT Add: Survey Fees Penalty for No spot survey, No FIR, Charge sheet, etc. | 24,906.05 23,876.50 __________ 48,782.55 __________ | 24,906.05 400.00 24,506.05 15,196.69 39,702.74 1,000.00 2,000.00 36,702.04 3,150.00 39,852.04 352.04 39,500.00 |
Hence, there is no deficiency in service on the part of this Op in paying the own damage claim to the complainant and they are not liable to pay any amount as claimed in the complaint. Hence, prays for dismissal of the complaint.
4. Complainant filed affidavit and marked documents as Ex.P.1 to P.5. Op also filed affidavit and marked documents as Ex.R.1 to R.9.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OP.
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Negative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. There is no dispute that complainant is owner of the vehicle bearing registration no.KA-18/P-2188 and insured with Op which is valid from 17.08.2014 to 16.08.2015. There is also no dispute that on 09.02.2015 the vehicle met with an accident and after repair the complainant claimed for damages under head of own damage. The only dispute raised by complainant is that after inspection of the vehicle by surveyor complainant had paid surveyor fee of Rs.3,150/- and Op after receipt of the claim and relevant documents have only settled of Rs.39,500/- and have deducted Rs.8,823/- without any basis. Hence, alleges deficiency in service and prays for payment of balance amount under own damage claim.
9. On contrary Op had taken a contention that they have not deducted any amount of Rs.8,823/- as alleged by complainant, they settled the claim of own damage of the complainant as per the survey report, they have only deducted the salvage value of Rs.400/- and policy excess of Rs.3,000/- in the settlement. Hence submits no deficiency in service on their part.
10. On going through the documents produced by both complainant and Op we observed that the Op has settled the claim as per survey report given by one IRDI approved surveyor D.G.Manjunath as per Ex.P.2, wherein we noticed that the said surveyor suggested the Op company to settle the claim to the tune of Rs.37,202 and accordingly the Op have settle the claim, whereas the complainant alleges that Op have deducted Rs.8,823/- at the time of settlement of the claim. But he has not produced any materials to show that how Op have deducted an amount of Rs.8,823/- out of claim amount. We found there is no any irregularity in the settlement of the claim of the complainant. We are of the opinion that the complainant without any valid documents/materials alleging a deficiency in service on the part of Op, the Op at the same time have settled the claim as per the terms and conditions of the policy after eligible deduction as per the policy. Hence, the claim made by complainant is not justifiable and complainant failed to establish a deficiency in service on the part of Op. As such the complaint is liable to be dismissed and for the above said reasons, we answer the above point no.1 and 2 in the Negative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is hereby dismissed. No order as to costs.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 18th day of April 2017).
(B.U.GEETHA) (H. MANJULA) (RAVISHANKAR)
Member Member President
ANNEXURES
Documents produced on behalf of the complainant:
Ex.P.1 - Letter issued by complainant to Op for payment of balance
amount of Rs.8,823/-.
Ex.P.2 - Fee Receipt paid towards surveyor.
Ex.P.3 - Copy of final survey report.
Ex.P.4 - Copy of the policy.
Ex.P.5 - Receipt towards repair of car of the complainant.
Documents produced on behalf of the OPs:
Ex.R.1 - Policy with terms and conditions.
Ex.R.2 - Motor Survey Report.
Ex.R.3 - Original bills.
Ex.R.4 - 14 photos of the car.
Ex.R.5 - Re-estimate given by the Akshara motor’s.
Ex.R.6 - Acknowledgment of claim.
Ex.R.7 - Original claim form.
Ex.R.8 & 9 - Copy of the R.C and DL of the complainant.
Dated:18.04.2017 President
District Consumer Forum,
Chikmagalur.
