A consumer is entitled to claim damages for mental agony and deficiency in service, such as the suppression of expert reports, even after receiving insurance reimbursement for direct pecuniary losses, provided the secondary claim addresses a distinct, non-pecuniary harm not covered by the original indemnity.

JUDGMENT

(Date: 02-04-2026)

Per: Hon’ble Mrs. Dr. Nisha Amol Chavhan, Member

1. The present Consumer Complaint No. CC/113/2016 is filed under the provisions of Section 12 of the Consumer Protection Act, 1986 by the complainant against Opponents.

2. The brief facts of the case of Complainant that, he is working as Software Engineer in the Ltd. Company by name Deloitte Consulting India Ltd., situated at Powai, Mumbai.

3. The Complainant stated that he has to travel from Kalyan to Powai for his job so he decided to purchase vehicle for traveling and convenience. Accordingly he purchased the four wheeler car from M/s Rilu Automobiles Pvt. Ltd. and the model of the car is "New 120 GL ASTA 1.2" on 1st February 2015 for the total cost of Rs.6.83.276/-.

4. The Complainant stated that, the said car is manufactured by Hyundai Motors India Ltd. And said company has given the insurance policy that is private cars package policy through ICICI-Lombard Gen. Insurance Company Ltd. The Registration No. allotted to this car is MH-05-CH-3684; The Complainant purchased the said vehicle from the Opponent No. 2 by availing the vehicle loan from HDFC Bank.

5. The Complainant further stated that he used to drive himself from Kalyan to Powai, Mumbai upto June 2015, the said car has been run nearly 5700 kms for the period of nearby 4 months. At that relevant time, Complainant did not face any problem in running the said car.

6. The Complainant further submitted that during the warranty period of 3 years, the Complainant has given the said car for the maintenance, servicing to the Authorised Service Centre in the month of March 2015 and Dec. 2015. The condition of the said car was good and running condition. The said Authorised Service Centre did not show any fault in any spare part of the car.

7. The Complainant submitted that on dated 10-06-2015 he started to drive the car at 7 o'clock in the morning from Narayangaon and car had been run nearby 15 kms on the NH-04 leads to Sangamner. While driving, suddenly the breaks of the car were failed and the steering wheel became inoperative. The said thing happened due to dismantle of the Engine mount because of the broken of the 3 screws which are the mediator and joining parts between steering and engine. Resultantly, the movement of the front wheels were stopped and the car was moving speedily in circle and the car after moving fell in the off road place and stopped. Fortunately there were no death incidents. After the accident, the relative of the complainant by name Sachin Shinde had took the photography in his mobile phone at the relevant time.

8. The Complainant submitted that, there were no severe injuries who were sitting in the complainant's car. However, he himself injured and was not able walk therefore he was hospitalized in Dhande Multispeciality Clinic. Doctor had examined and given medical treatment of first aid. Thereafter, he came at Kalyan at 12.06.2015 by private vehicle. However, after taking the complete bed rest, suddenly on 25.06.2015, the complainant has lost sensations of his left leg and was feeling uneasy. Due to sudden illness he had been taken in the "Pulse Hospital", Kalyan (West) and taken treatment from the doctor by name Dr. Prafulla Wadatkar, M. S. Ortho. Thereafter, the complainant was hospitalized in the said Hospital for the period from 29.06.2015 to 01.07.2015 (3 days).

9.