Format of complaint under section 12 of the consumer protection act, 1986
In the following case the complainant, Kammu, filed a case against Cholamandalam General Insurance Company Limited before the President District Consumer Disputes Redressal Forum under Section 12 of the Consumer Protection Act 1986. The complainant owned a TATA SUMO vehicle insured with the respondent, and after an accident, the complainant informed the respondent and requested their surveyor, but they did not visit the spot. The vehicle was repaired at different workshops, and the complainant spent around Rs. 100,000. The complainant submitted the claim form with all the bills and documents as directed, but the respondent did not make the payment of the amount of damages, causing the complainant mental agony and harassment. The complainant claimed a compensation amount of Rs.50,000/- from the respondent. The respondent neither gave any reply nor made the payment of the damaged vehicle and compensation to the complainant. The complainant claimed deficiency of service, unfair trade practice, and malpractice against the respondent.
BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM _________
Kammu son of Sh. ______________ …Complainant.
Vs.
Cholamandalam General Insurance Company Limited, through its Manager
Vs.
Cholamandalam General Insurance Company Limited, through its Manager
…Respondent/Opposite Party.
1- That the complainant is registered owner of the TATA SUMO bearing its Registration No. ______ Chassis No. _____ Engine No.723554 Model 2005. The complainant got the said vehicle insured with the respondent vide Insurance Cover Note No. _______ dated 07-11-2009 valid w.e.f. 19-11-2009 to 18-11-2010 for the insured amount of Rs. 2,55,150/- midnight covering all type of risks therein. The complainant deposited the premium with the respondent at the time of insurance of the said vehicle.
2- That at the time of issuance of the above said insurance policy, the respondent had assured the complainant that the respondent would make the payment of the amount immediately if the said vehicle met with any accident at any point of time within the limitation of period of insurance Policy.
3- That on 12-07-2009 when the complainant and his wife along with his driver Ahsan and two other sons were returning from ______to _____to their residence when at about 7-30/8.00 PM when the complainant reached ahead to village ______then due to the rain the said vehicle slipped and fallen into the ditch due to which the said vehicle was badly damaged, however, the complainant and his family members escaped with minor hurts.
4- That just after the accident the complainant intimated the respondent regarding the accident and requested the respondent to send their surveyor at the spot but the surveyor of the respondent did not visit the spot therefore, the vehicle was brought from the place of accident on 15-07-2009 by the crane of Sakeel Crane Service from the spot to _____ for getting it repaired.
5- That the vehicle was got repaired with different workshops and the bills and details are as under :-
(i) Sakeel Crane Service Rs. 5500/-
(ii) M/s Faridabad Spares Rs. 13613/-
(iii) M/s Malani Automobiles Rs. 17246/-
(iv) M/s Lakhani Auto Glass & Spare Parts Rs. 2812/-
(v) Shakti Tyre Rs. 4200/-
(vi) Manmeet Motors Rs. 18000/-
Apart from repairing the pump and steering the bills for the same are lost and the complainant shall submit the same to the respondent and before the court after obtaining the copies of the same and in this way the complainant has spent about Rs. 1,00,000/- in repairing his vehicle.
6- That the complainant had visited the office of the respondent a number of times and as per the instructions of the respondent filled a claim form supplied by the respondent along with all the bills and documents as directed by the respondent and thereafter, the respondent had promised that the respondent will issue the Cheque for the damages and for the bills paid by the complainant.
7- That after the period of approximately 9 months has elapsed but the respondent have not paid any compensation as per the terms of the policy to the complainant
8- That due to the deficient and negligent service of the respondent for not making the payment of the amount of damages the complainant has suffered mental agony, harassment for which the complainant claims the compensation amount of Rs.50,000/- from the respondent for causing the mental agony and harassment.
9- That the complainant sent a legal Notice dated 31-03-2010 through registered A.D. thereby calling upon the respondent make the payment of Rs. 1,00,000/- alongwith interest @ 18% per annum from the date of accident till the date of realization and also to pay the compensation amount of Rs. 50,000/- for causing the mental agony and harassment due to deficient service to the complainant but even after receipt of the legal notice the respondents neither gave any reply nor made the payment of the damaged vehicle and compensation to the complainant.
10- That the complainant is a consumer of the respondent as defined under the Consumer Protection Act, and the aforesaid act of the opposite parties amounts to deficiency of service, indulgence in unfair trade practice and malpractice
11- That the complainant has been residing at ______ and the office of the respondent is also situated at ________ and the entire cause of action for filing the present complaint arose within the territorial jurisdiction of this Hon’ble Forum hence this Hon’ble Forum has jurisdiction to entertain, try and decide this complaint.
12- That no such other complaint between both the parties has previously been filed , pending or has been decided by any other Forum.
13- That the required fee has been affixed with the present complaint.
PRAYER:
It is, therefore, respectfully prayed that this Hon’ble Forum may kindly be pleased to :
i) pass an order directing the respondent/opposite party to the respondent make the payment of Rs. 1,00,000/- along with interest @ 18% per annum from the date of accident till the date of realization immediately.
ii) Pass an order directing the respondent to pay the compensation of Rs. 50,000/- for causing the mental agony, harassment and tension to the complainant by their short and deficient services rendered by them to the complainant.
iii) The cost of the complaint may kindly be awarded in favour of the complainant and against the respondents.
iv) Or any other relief, which the complainant is found, entitled in the facts and circumstances of the complaint and in the eyes of law may also be awarded in favour of the complainant and against the respondents with costs of the complaint.
Dated _____
Place: Complainant
Through counsel:
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT 1986 AS AMENDED UPTO DATE.
Respectfully Showeth:1- That the complainant is registered owner of the TATA SUMO bearing its Registration No. ______ Chassis No. _____ Engine No.723554 Model 2005. The complainant got the said vehicle insured with the respondent vide Insurance Cover Note No. _______ dated 07-11-2009 valid w.e.f. 19-11-2009 to 18-11-2010 for the insured amount of Rs. 2,55,150/- midnight covering all type of risks therein. The complainant deposited the premium with the respondent at the time of insurance of the said vehicle.
2- That at the time of issuance of the above said insurance policy, the respondent had assured the complainant that the respondent would make the payment of the amount immediately if the said vehicle met with any accident at any point of time within the limitation of period of insurance Policy.
3- That on 12-07-2009 when the complainant and his wife along with his driver Ahsan and two other sons were returning from ______to _____to their residence when at about 7-30/8.00 PM when the complainant reached ahead to village ______then due to the rain the said vehicle slipped and fallen into the ditch due to which the said vehicle was badly damaged, however, the complainant and his family members escaped with minor hurts.
4- That just after the accident the complainant intimated the respondent regarding the accident and requested the respondent to send their surveyor at the spot but the surveyor of the respondent did not visit the spot therefore, the vehicle was brought from the place of accident on 15-07-2009 by the crane of Sakeel Crane Service from the spot to _____ for getting it repaired.
5- That the vehicle was got repaired with different workshops and the bills and details are as under :-
(i) Sakeel Crane Service Rs. 5500/-
(ii) M/s Faridabad Spares Rs. 13613/-
(iii) M/s Malani Automobiles Rs. 17246/-
(iv) M/s Lakhani Auto Glass & Spare Parts Rs. 2812/-
(v) Shakti Tyre Rs. 4200/-
(vi) Manmeet Motors Rs. 18000/-
Apart from repairing the pump and steering the bills for the same are lost and the complainant shall submit the same to the respondent and before the court after obtaining the copies of the same and in this way the complainant has spent about Rs. 1,00,000/- in repairing his vehicle.
6- That the complainant had visited the office of the respondent a number of times and as per the instructions of the respondent filled a claim form supplied by the respondent along with all the bills and documents as directed by the respondent and thereafter, the respondent had promised that the respondent will issue the Cheque for the damages and for the bills paid by the complainant.
7- That after the period of approximately 9 months has elapsed but the respondent have not paid any compensation as per the terms of the policy to the complainant
8- That due to the deficient and negligent service of the respondent for not making the payment of the amount of damages the complainant has suffered mental agony, harassment for which the complainant claims the compensation amount of Rs.50,000/- from the respondent for causing the mental agony and harassment.
9- That the complainant sent a legal Notice dated 31-03-2010 through registered A.D. thereby calling upon the respondent make the payment of Rs. 1,00,000/- alongwith interest @ 18% per annum from the date of accident till the date of realization and also to pay the compensation amount of Rs. 50,000/- for causing the mental agony and harassment due to deficient service to the complainant but even after receipt of the legal notice the respondents neither gave any reply nor made the payment of the damaged vehicle and compensation to the complainant.
10- That the complainant is a consumer of the respondent as defined under the Consumer Protection Act, and the aforesaid act of the opposite parties amounts to deficiency of service, indulgence in unfair trade practice and malpractice
11- That the complainant has been residing at ______ and the office of the respondent is also situated at ________ and the entire cause of action for filing the present complaint arose within the territorial jurisdiction of this Hon’ble Forum hence this Hon’ble Forum has jurisdiction to entertain, try and decide this complaint.
12- That no such other complaint between both the parties has previously been filed , pending or has been decided by any other Forum.
13- That the required fee has been affixed with the present complaint.
PRAYER:
It is, therefore, respectfully prayed that this Hon’ble Forum may kindly be pleased to :
i) pass an order directing the respondent/opposite party to the respondent make the payment of Rs. 1,00,000/- along with interest @ 18% per annum from the date of accident till the date of realization immediately.
ii) Pass an order directing the respondent to pay the compensation of Rs. 50,000/- for causing the mental agony, harassment and tension to the complainant by their short and deficient services rendered by them to the complainant.
iii) The cost of the complaint may kindly be awarded in favour of the complainant and against the respondents.
iv) Or any other relief, which the complainant is found, entitled in the facts and circumstances of the complaint and in the eyes of law may also be awarded in favour of the complainant and against the respondents with costs of the complaint.
Dated _____
Place: Complainant
Through counsel:
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