DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 16/ 2020
Sujit Prasad Das, aged about 31 years,
S/o- Benudhar Das, Resident of Plot No.652-P, GGP Colony,
Bhubaneswar- 751025
At present : Addl. Veterinary Assistant Surgeon, Veterinary Dispensary,
Kudumulugumma, At/PO- Kudumulugumma,
Dist – Malkangiri
…. Complainant
-Vrs.-
- The New India Assurance Co.Ltd., CDU II (550200) (550200)
B-34, Saheed Nagar, Bhubaneswar, Odisha, Pin – 751007
Through its authorized Officer.
- New India Assurance Co.Ltd., Jeypore Branch, Jeypore,
Dist : Koraput, through its Branch Manager.
…. Opp. Parties
For the complainant : Sri P.Pattnaik & Associates (Adv.)
For the O.Ps 1 & 2 : Mr. B.Behera (Adv.)
DATE OF FILING : 17/01/2020
DATE OF ORDER : 03/04/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, he is the registered owner of the motor cycle bearing registration No.OR-02-BJ-0449 . He had insured the said motor cycle with the OPs. The insurance period was valid from 19/10/2015 to 18/10/2016. It so happened, on 17/01/2016 the motor cycle of the complainant was stolen from the gate of the police parade ground, Koraput. He lodged FIR on 18/01/2016. Police registered it as PS Case No.09 dated 18/01/2016 U/s 379 of IPC. The complainant lodged claim before the Insurance Company but the Insurance Company did not settle the claim. Hence this complaint.
3. On the other hand, the OPs filed written version stating therein that, there is no cause of action against them. They admit that the vehicle bearing registration No. OR-02-BJ-0449 was insured with them and the insurance policy was valid from 19/10/2015 to 18/10/2016. But they rejected the claim as the complainant did not submit the required original documents before the OPs for settlement of the claim. Hence, the complaint being devoid of any merit is liable to be dismissed.
4 Perused the materials on record. The complainant is the registered owner of the vehicle bearing registration number OR-02-BJ-0449. He had insured the said vehicle with the OPs and the policy was valid from 19/10/2015 to 18/10/2016. On 17/01/2016, the vehicle in question was stolen. To that effect, FIR was lodged and police submitted final form stating therein that, the fact true but no clue. May be the original documents were not submitted by the complainant but the photocopy thereof were submitted to the OPs. The OPs being the insurer, were in possession of the original insurance policy paper as well as other relevant documents. Under such situation, it is travesty of justice to deny the claim of the complainant, who had insured the vehicle with the OPs. Therefore, I find merit in the complaint. Hence it is ordered.
ORDER
The complaint is allowed on contest against the OPs. The OPs are jointly & severally liable to pay the insurance value of the motor cycle in question , i.e. Rs.27,535/- (Rupees twenty seven thousand five hundred thirty-five) only to the complainant. Besides, the OPs are further liable to pay compensation of Rs.10,000/- (Rupees ten thousand) only towards mental agony suffered by the complainant and a sum of Rs.2000/- (Rupees two thousand) only towards litigation expenses. The order be complied with by the OPs within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 3rd April, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
