UNITED INDIA INSURANCE CO. LTD. Vs. BALWINDER SINGH

JUDGEMENT

(1.) The complainant namely Balwinder Singh owned a vehicle which he had got insured with United India Insurance Company Ltd., petitioner in RP No. 486 of 2016. The aforesaid vehicle met with an accident and was taken to the workshop of Harman Motors, petitioner in RP No. 1446 of 2016. The vehicle was inspected by Sh. Jaspreet Singh, a surveyor appointed by the insurer. The surveyor assessed the loss to the complainant, on account of damage to the vehicle, at Rs. 1,21,827.75p and recommended payment of the aforesaid amount to the complainant. After deducting the salvage value which came to Rs. 5,000/-, a sum of Rs. 1,16,826/- was paid to the complainant. The complainant paid a sum of Rs. 1,20,000/- to Harman Motors in two instalments. He issued a cheuqe of Rs. 24,000/- to Harman Motors which was later on dishonoured. The case of the complainant is that while repairing the vehicle, Harman Motors replaced the damaged parts of the vehicle by the old parts. The delivery of the vehicle having not been given to him by Harman Motors, the complainant approached the District Forum by way of a consumer complaint, impleading the insurer as well as Harman Motors and the surveyor as the opposite parties in the complaint.

(2.) The complaint was resisted by the insurer as well as by Harman Motors. It was pleaded by the insurer that they having paid the compensation recommended by the surveyor, were not liable to make any further payment to the complainant. Harman Motors took the stand that the complainant wanted replacement of the shell by a new shell and on his instructions, the shell was replaced accordingly. The cost of replacement of the shell according to Harman Motors came to Rs. 1,32,000/-. This is also the case of Harman Motors that the complainant issued a cheque of Rs. 24,000/- towards payment of the first instalment of the amount payable by him but that cheque got dishonoured when presented to the bank. It was however, admitted that he had received a sum of Rs. 1,20,000/- from the complainant. Thus, according to Harman Motors, in addition to the amount received from the complainant, it was entitled to an additional payment of Rs. 1,32,000/- towards the cost of replacement of the shell. The learned counsel for Harman Rs. Motors states that they had delivered the vehicle to the complainant after receiving a cheque of Rs. 24,000/- from the complainant.

(3.) The District Forum vide its order dated 12.10.2011 directed both, the insurer as well as Harman Motors, to pay a sum of Rs. 1,20,000/- to the complainant along-with interest on that amount @ 9% per annum. The insurer was also directed to reimburse the IDV of the vehicle which was stated to be Rs. 2,48,000/- along-with interest. The complainant was directed to return the car to the insurer on receipt of the awarded amount. Rs. 3,000/- was awarded each against Harman Motors and the insurer.