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Judgment
M/s. Associated Engineering Corporation has filed this complaint against the O.Ps. The complainant states that they had purchased a diesel jeep Mahindra from the O.P. No. 2, M/s. Parcar Automobiles (P) Ltd. for a total consideration of Rs. 2,30,000/- and the vehicle was registered under No. GA-01-P-2549 on 13.2.92. The complainant states that a loan from Canara Bank was borrowed for the purchase of the said vehicle.
THE complainant states that an amount of Rs. 4,933/- was also paid towards the insurance premium against receipt No. 1813 dated 3.2.1993 to the O.P. No. 1 who had issued certificate of insurance dated 12.2.1992. The case of the complainant is that on 16.2.92 at about 5 p.m. the said vehicle met with an accident at Pune-Paud Road. This accident was registered with the Paud Police Station. The complainant informed the O.P. No. 1 and got the motor claim form filled up. The complainant has produced on record a copy of the panchanama and the motor claim form. The complainant has also produced on record the survey report of the Surveyors. The estimate/ quotation for the repair work from Silver Jubilee Motors Ltd. from Pune which was submitted to the O.P. No. 1 is also produced on record.
The complainant states that the O.P. No. 1 refused to pay the amount of Rs. 84,548/- which amount is the assessed liability in respect of the said jeep and, therefore, the jeep could not be collected from the garage of M/s. Silver Jubilee Motors Ltd. (SJML). M/s. SJML demanded payment from the complainant and threatened to charge Rs. 25/- per day as storage charges till the delivery of the jeep was taken by the complainant. The complainant states that their claim has not been settled though a period of 15 months had lapsed on the date of filing the complaint from the date of accident.
THE complainant alleges negligence and deficiency in the service of the O.P. No. 1 and, therefore, makes a claim of Rs. 2,09,329/- from the O.P. No. 1. THE complainant also prays for interest on the assessed liability as well as the compensation for mental torture, harassment, hardship, etc. The O.P. No. 1 has not disputed the insurance of the said vehicle. In the written version filed by the O.P., they stated that the delay was not due to negligence or deficiency but was for the reasons of detailed investigation and perusal of the Surveyor''s Report in Pune. The O.P. admitted the liability of Rs. 84,504/-.
WE have heard Adv. Shri G.R. Sharma for the complainant and Adv. Shri E. Afonso for the O.P. On 4.10.93, the Advocate for the O.P. stated that the O.P. shall pay an amount of Rs. 20,000/- to the complainant and Rs. 64,504/- to the SJML (totalling the admitted amount of Rs. 84,504/-) within one week from the date, i.e. on or before 11.10.93. On 11.12.92, Adv. Afonso for the O.P. stated that the O.P. has made the payment as stipulated hereinabove to the complainant and SJML. The O.P. No. 2 has filed a written version to say that the complainant has not disclosed any cause of action against O.P. 2 and, therefore, O.P. No. 2 is not liable to pay any compensation to the complainant. O.P. No. 2 Adv. R.G. Ramani for O.P. No. 2 chose not to file any evidence. Arguments were heard on 29.12.93. Out of claim No. 1 of the complainant, the O.P. No. 1 has admitted the claim to the amounts of Rs. 84,504/- which amount is already paid to the complainant.
CONSIDERING the claims made under Nos. 2, 3, 4, 5 and after perusing the records, we direct the O.P. to pay an amount of Rs. 5,000/- as compensation for the delay of over a year for the payment of the amount of admitted claim giving a reasonable consideration that settlement of claim in normal circumstances could have been made within a period of 6 months from the date of report of the accident. We further direct the O.P. No. 1 to pay the above mentioned amount within a period of one month from the date of receipt of the order failing which the amount shall carry an interest at the rate of 18% p.a. to be compounded for every delayed month. Complaint allowed.