IMPORTANT POINT
Report of surveyor has to be accepted.

ORDER

C. Viswanath, Presiding Member.—Revision Petition No.1175/2017 has been filed by the Petitioner/Complainant and Revision Petition No.3981/2017 has been filed by the Petitioner/Opposite Party against the order dated 03.02.2017 in First Appeal No.600/2013 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (for short “the State Commission”).

2. Case of the Complainant is that the Complainant got his Honda City Car bearing registration No.RJ-06-CB-6381 insured with the Opposite Party/Insurance Company, vide Policy No.242400/31/2012/000243 valid from 06.04.2011 to 05.04.2012 for a sum of Rs.7,60,000/-, by paying premium amount of Rs.17,788/-. On the night of 11.04.2011 the car met with an accident within the limits of Police Station Mandal, District Bahilwara, when a vehicle came on wrong side, without giving light. The vehicle fled after hitting and badly damaging the car of the Complainant. The vehicle was taken to authorized dealer, Jaipur Pink City Motors Pvt. Ltd. for repair. As the Complainant suffered minor injuries and no other person was injured in the accident, FIR was not registered. Intimation of the accident was given to the Opposite Party immediately. Authorised dealer issued estimate for repair of the vehicle to the tune of Rs.8,84,079/-, as the vehicle was totally damaged. The Complainant filed Insurance Claim before the Opposite Party for Rs.7,60,000/-, being IDV of the vehicle. Opposite Party sent a letter to the Complainant for settlement of the claim at Rs.2,93,000/-. Complainant replied, vide letter dated 09.02.2012, to the Opposite Party seeking payment of IDV value of the vehicle i.e. Rs.7,60,000/-, but the Opposite Party did not settle the claim within the prescribed time. Therefore, the Complainant filed Consumer Complaint before the District Forum with following prayer: -

“1. That as the vehicle of complainant damaged totally, the complainant be allowed Rs.7,60,000/- being IDV Value of service with interest @ 18% per annum till payment from the respondent insurance company.

2. That Rs.1,50,000/- as compensation for physical and mental agony be allowed to the complainant from respondent Insurance Company.

3. That totally damaged vehicle of complainant is lying at Pink City Motors Pvt. Ltd., Jaipur and parking charges for the same @ Rs.100/- per day till payment of claim amount be allowed separately.

4. That the cost of case with Advocate’s fee be allowed.

5. That any other relief for which complainant is legally entitled be allowed to the complainant from respondent Insurance Company.”

3. Complaint was contested by the Opposite Party by filing written statement. It was stated that on receiving intimation, Mr. K.C. Sharma, Surveyor was appointed immediately, who found that the vehicle was not having more than 70% damage and the vehicle did not come under the category of total loss. The vehicle was repairable at a cost of Rs.2,96,446.99/-. An amount of Rs.2,96,446.99 towards repair was offered to the Complainant, which he refused to accept. The Complainant violated the terms & conditions of the agreement, therefore this Complaint is triable by the Civil Court, and not maintainable in the Consumer Forum. There are complicated questions involved in this matter, which can be decided only by the Civil Court and the Complaint is not maintainable in the Consumer Forum.

4. It is relevant to mention that another Complaint being CC/165/2012 was also filed by Ridhi Sidhi Eco Logistic Pvt. Ltd. for separate cause of action. The District Forum, however, clubbed both the Complaints together and after hearing Learned Counsel for the Parties and going through the record, dismissed both the Complaints as not maintainable by a common order dated 27.05.2013, with following observation: -

“As such, these complaints filed by complainants against respondent are rejected and each of the complaints is dismissed with cost of Rs.5,000/- (rupees five thousand).”

5. Ridhi Sidhi Eco Logistic Pvt. Ltd