Date of Filing : 13.11.2018 Date of Disposal : 18.04.2024 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED THIS THE 18th DAY OF APRIL 2024 PRESENT Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER Mrs M.DIVYASHREE : LADY MEMBER CC-NO.517/2018 Narayan Dayanand Nayak S/o Dayanand Nayak, Aged about 36 Years, R/at Laxmeshwar, Ankola, Uttara Kannada – 581314. . . ..Complainant/s (By Adv.Sri.Nishanth.A.V.)

VS

1. Ta

1.

ta Motors Ltd.

Regional Office At:

Fortune Summit Towers, No.244, 2nd Floor, Hosur Main Road, Bengaluru-560068.

Rep. by its Regional Manager.

Regd. Office At: Bombay House, No.24, Home Mody Street, Mumbai-400001.

(By Adv.Sri.Rishab Raj Thakur)

2. Reliance General Insurance Regional Office at:

Maximus Commercial Complex, 4th Floor, Light House Hill Road, Hampankatte, Mangaluru-575001.

Rep. by its Regional Manager Registered Office at:

H Block, 1st Floor, Dhirubhai Ambani Knowledge City, Navi Mumbai-400710.

(By Adv.Sri.C.Lakshminarayan)

3. Arvind Motors Pvt. Ltd.

Corporate Office At:

Padukodi, Kuloor-Kavoor Road, Kuloor, Mangaluru-575013 Rep. by its Regional Manager. ... Opposite party/s (By Adv.Sri.Nanjundaradhya.B.G)

ORDER

BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1. This is a complaint filed U/s.17 of CPA 1986 to direct OPs to consider the damage to the vehicle as total loss and pay the Complainant a sum of Rs.50 lakhs with interest at 24% from the date of claim till realisation and award compensation in a sum of Rs.5,000/- per day from 05.01.2018 being the date of the claim till payment.

2. The Complainant has stated in his complaint that for the purpose of his business operations purchased a Tata Prima LX 2525.K model Dumper vehicle manufactured by OP.1 from the authorised dealer/OP.3 for a total value of Rs.32 lakhs under invoice dtd.30.12.2017. This vehicle was temporarily registered with the RTO, Mangaluru, with temporary registration no.KA19/TR005715/2017-18. This vehicle was insured with OP.2 under the Reliance Commercial Vehicles Package Policy (GCV) for the period 30.12.2017 to 29.12.2018. This vehicle was purchased by the Complainant availing financial assistance from Syndicate Bank, Ankola branch. That was on 04.01.2018, in order to obtain necessary approvals by the RTO, Karwar, the said vehicle was taken to a garage near Ankola. After completing the work near the garage, around 2pm when the vehicle engine was started, within few minutes, smoke emerged from the engine, which resulted in fire. The Complainant on the same day, lodged complaint with jurisdictional police at Ankola with a request to conduct inquiry. The police concerned registered FIR no.01/2018 on 04.01.2018. On 05.01.2018 Ankola police visited the spot, drew up mahajar in the presence of two witnesses. The Karnataka state fire and emergency services department, Karwar prepared a report dtd.27.02.2018 regarding the fire accident which took place on 04.01.2018. On 05.01.2018 Complainant lodged claim with OP.2 for compensation. OP.2 issued a letter dtd.28.02.2018 with a request to submit report of Fire Brigade and OP.1 regarding the fire incident. On 12.02.2018, the Complainant got issued a legal notice through his advocate to the OP.1 and OP.3 to pay compensation for the defect in the manufacturing of the said vehicle purchased by the Complainant which resulted in fire accident. On 22.02.2018, the OP.3 issued reply to the legal notice dtd.12.02.2018 by denying any deficiency with respect to the said vehicle and denied the payment of the compensation as claimed by the Complainant and denied to replace the said vehicle with new vehicle. OP.1 on 05.03.2018 issued a letter by giving their interim reply to the legal notice dtd.12.02.2018 requesting to submit all required documents with respect to the claims made by the Complainant. OP.1 issued a final reply on 28.03.2018 to the legal notice dtd.12.02.2018 by denying any deficiency with respect to the vehicle purchased by the Complainant. The Comp