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Judgment
DR. Ali Ahmad Farooqui has filed the complaint claiming Rs., 19,10,000/- as compensation arising out of an alleged incident which happened on 9.5.2002 which is said to have caused damage to the vehicle and mental agony to the complainant.
BEREFT of the available details, relevant facts are that the complainant purchased a Maruti Omini E on 3.1.2002 from K.T.L. Limited, Lucknow for Rs. 2,31,902/- in which Rs. 1,06,500/- were financed by Standard Chartered Bank. The said vehicle was registered in the name of the complainant with registration No. UP 32-AM/186 and is said to have warranty for a period of 24 months. On 9.5.2002 the vehicle got suddenly turned towards roadside and accidented itself injuring the complainant and other passengers of the family of the complainant. On 10.5.2002 an F.I.R. is said to have been lodged at Police Station Dhammaur, Distt. Sultanpur. The vehicle had run only about 846 kms. and according to the complainant it was a case of steering failure which he terms as manufacturing defect. The vehicle is said to have been insured with New India Assurance Company Limited and was being driven by the complainant who was having licence. It is further said that the vehicle was taken the K.T.L. Limited which assessed the estimated expenditure as job estimate. In spite of complaint to the Insurance Company, no Surveyor was appointed and the claim which was preferred by the complainant was not honoured. On entertaining the complaint, notices were issued to the opposite parties. The reply filed as written statement on behalf of General Manager, Maruti Suzuki Industries Ltd., opposite party No. 1 and its Regional Manager, opposite party No. 2 avers that there was no manufacturing defect. K.T.L. Limited has also followed suit and alleges that accident was caused by other circumstances and there was no manufacturing defect.
The New India Assurance Company Limited stated that there were very many shortcomings in the allegations of the complainant.
MR. M.S. Kotwal has appeared on behalf of the Insurance Company and has filed written statement also which indicates that K.T.L., where the car was parked, were not cooperating and, therefore, assessment by Surveyor was not possible. The K.T.L. is represented by Sri Sudheer Kumar Srivastava assisted by MR. Kant Misra. They have also been heard. It is stated on their behalf that the parking of the car has been done by the complainant and the answering opposite parties would not like to open the engine and the Surveyor will be permitted to estimate the loss on inspection of the vehicle on "as is where is" basis.
COMPLAINANT''s Counsel Mr. Aditya Narayan vehemently argued that the damage, which was caused to the vehicle, should be assessed and K.T.L. should cooperate in that regard. On consideration of the entire matter it was directed that K.T.L. will provide facility for the Surveyor to inspect the vehicle and submit his report. The Surveyor''s report indicates that a sum of Rs. 32,395-08 p should be paid as compensation to the complainant. During the course of arguments, Mr. Aditya Narayan has moved an application in which it has been prayed that suitable directions be issued to the Insurance Company to make the payment forthwith, K.T.L. to deliver the vehicle forthwith and the complaint be disposed of if the aforesaid two reliefs are granted.
IN view of what has been stated above, the complaint is finally disposed of with the following directions: (1) The New INdia Assurance Company will make payment of the sum of Rs. 32,400/- in cash or by Bank Draft or cheque through the Counsel within 10 days from today to the complainant in person or to his Counsel Mr. Aditya Narayan in the event of cheque/draft immediately on production of a certified copy of this order. (2) K.T.L. limited will permit the vehicle to be taken delivery of by the complainant without any obstruction.
A fear was expressed on behalf of the complainant that K.T.L. shall now demand parking charges from the complainant. It is hereby directed that no parking charges shall be demanded nor paid from and by the complainant. Parties will bear their own costs. Complaint disposed of.