IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 30th day of May, 2017.
Filed on 03/06/2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.183/2016
between
Complainant:- Opposite parties:-
Sri. Abdul Hameed 1. The Manager
Puthuval Purayidam Muthoot Fin Corp
Seaview Ward Malikamukku
Alappuzha-688 012. Alappuzha 688 007.
(By Adv. S.Ashamol)
2. The Manager
Reliance(General)
Insurance Company)
570, Naygavum Cross Road
Next to Royal Industrial Estate
Mumbai-400 031.
-
Office Policy, 1st Floor,
Varinjam Tower
Division XLI Building
No.108, Residiency Road,
Kollam-691 001.
-
Reliance General Insurance
K.P. Vallan Road, Kadavanthra
Ernakulam, Kochi.682 020
O R D E R
SMT. ELIZABETH GEORGE(PRESIDENT)
The case of the complainant is as follows:-
Complainant’s son had taken an Activa Scooter on 26/12/2014 from the 3rd opposite party, which insured with the 2nd opposite party. On September 30th 2015 the vehicle met with an accident due to which his son died and the vehicles suffered total damage. 2nd opposite party paid only Rs. 28,000/- towards insurance claim for the damages of the vehicle. Being dissatisfied with the said act of the opposite party the complaint is filed.
2. Version of the 1st opposite party is as follows:-
The 1st opposite party has no connection with the issues involved in this matter. The deceased had availed of the vehicle loan from the Muthoot Capital Services Ltd and not from Muthoot Fincorp. Even otherwise the first opposite party or the Muthoot Capital Services Ltd had no contractual obligation in respect of the insurance though the loan amount due in respect of the deceased for the purchase of the vehicle would get first charge over the other claims. The insurance claim if any got it goes to the loan account as per the contract with the Muthoot Capital Services and the deceased at the time of loan. The inadequacy of the claim allowed is to be challenged against the insurer and not against the creditor of the vehicle loan.
3. Notice issued against the 3rd opposite party was served. But they did not turn up. Hence the 3rd opposite party was set expartee.
2nd opposite party represented but failed to file version. Hence 2nd opposite party was also set expartee.
4.Complainant filed proof affidavit alongwith documents. The documents produced were marked as Ext.A1 to A7. 1st opposite party produced the documents required by the complainant and hence the 1st opposite party is exonerated from the liability.
According to the complainant a vehicle purchased by his son involved in an accident on 30/9/15 and due to the accident his son died and the vehicle suffered total damage. Ext.A2 is the policy of insurance issued by the 3rd opposite party. It shows that the vehicle was insured with the 3rd opposite party for the period from 26/12/14 to 25/12/15 and the IDV of the said was estimated for Rs.47,736/-. The total value of the vehicle as per Ext.A3 is Rs.50,248/-. Ext.A4 shows that opposite party had issued a cheque for Rs.28,000/- to the loan account of the deceased Jiyas the son of the complainant. Ext.A7 is issued by the Prudent Scooter Works dated 1/3/17. It certifies that the vehicle was damaged and is not possible to repair. No evidence adduced by the 2nd opposite party in order to controvert the allegations of the complainant. The case of the complainant is that the damage caused to the vehicle is of total damage and the amount paid by the 2nd opposite party is undervalued. From the documents produced by the complainant it is clear that the vehicle suffered total damage due to the accident. Therefore the complainant is entitled to get compensation based on IDV of the vehicle as stated in the insurance policy. The failure on the part of the opposite party to pay the IDV of the vehicle amounts to deficiency in service. The 2nd opposite party is liable to pay the IDV of the vehicle after deducting Rs.28,000/- to the complainant.
In the result complaint is allowed.
The 2nd opposite party is directed to pay Rs. 19,736/- with 8% interest from the date of complaint till realization along with cost of Rs.3000/- to the complainant.
The Order shall be complied within one month from the date of receipt of this order.
Dictated the Confidential Assistant transcribed by her corrected by me and pronounced in the Open Forum on this the 30th day of May, 2017.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier(Member)
Sd/- Smt. Jasmine.D (Member)
Appendix
Evidence of the complainant:
Ext.A1 - Copy of tax licence issued by Motor Vehicles Department
Ext.A2 - Copy of Policy Certificate No.2208542312037764
Ext.A3 - Copy of Retail invoice
Ext.A4 - Copy of cheque for Rs.28,000/-
Ext.A5 - Copy of Death Certificate
Ext.A6 - Copy of treatment details
Ext.A7 - Copy of certificate dtd 1/3/17 issued by Prudent Scooter works.
Evidence of opposite party:Nill
//True copy//
By Order
Senior Superintendent.
To
Complainant/Opposite party/S.F
