Date of Filing: 06.03.2019
Date of Order: 08.02.2021
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Shri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
On this the Monday the 8th day, of February, 2021
C.C.No. 89 /2019
Between
Mohd Zaheer Ahmed,
S/o Mohd Ahmed Late
Aged about 50 years, Occ: Advocate,
R/o: 10-5-28/302, Madina Gulshan Apt,
Ahmed nagar road, Masabtank,
Hyderabad - 500028
….Complainant
And
- TATA AIG GENERAL INSURANCE COMPANY LTD,
Rep. by its Manager,
Registered office :” Pennisula Business Park,
Tower A, 15th Floor, G.K. Marg,
Lower Parel, MUMBAI- 400013
- TATA AIG GENERAL INSURANCE COMPANY LTD ,
Rep. by its Branch Manager,
5th & 6th Floor, Imperial Towers,
H.No. 7-1-6-617/A, GHMC No. 615 , 616,
Ameerpet, Hyderabad – 500016.
….Opposite Parties No.1 &2
Counsel for the Complainant : hidayatullah khan
Counsel for the Opposite party No.1 : C.V. Narasimham
O R D E R
(By Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER on behalf of
the bench)
1. The above Consumer complaint has been filed U/s 12 of Consumer Protection Act 1986 alleging deficiency in service on the part of the opposite parties, who are stated to have failed to deliver the hard copies of the relevant car insurance policies in time and it is stated that the action of the opposite parties is stated to have caused mental stress and harassment as such the complainant has prayed the District Forum to direct the opposite parties to refund Rs. 4715/- paid towards the policy for the year 2018-19 to the complainant and also to provide him hard copy of the original policy concerned, Rs. 5476/- paid for the year 2017-18, Rs. 5026/- paid for the year 2016-17 totaling an amount of Rs. 15217/- towards car insurance policies along with interest @ 18% p.a ; an amount of Rs. 1,00,000/- towards compensation for mental stress and harassment for the past three years ; Rs. 10,000/- towards costs of the litigation ; and to grant such other relief/s as it may deem fit and proper.
2. The facts of the case, relevant for disposal of the complaint, are that the complainant, being the owner of the car bearing Registration No. AP09BW0640 in respect of which policy is stated to have been issued by the opposite party No.2, by making payment, on 31.08.2018 through net banking, for insurance amount of Rs. 4715/-. The opposite party is stated to have informed the receipt of the above amount on 31.08.2015 through E-mail by attaching to it a copy of the renewal of the temporary policy. On 01.09.2018 he further states that he has got his above vehicle insured with the opposite party No.2 on the basis of promises made by the opposite party No.2 who assured good service in the said mail the opposite party assured that the hard copy of the insurance policy concerned would be delivered to him within 10 days. Out of 5 times, insurance policies issued by the opposite party , it is stated that the hard copies of the concerned insurance policies were sent only 2 times to the complainant within the stipulated time but for the periods 2017-18 and 2016 -17 the concerned hard copies of the policies concerned were sent after expiry of the validity periods of the relevant policy. For the present period i.e, 2018-19, as per promise made by the opposite parties the hard copies of the concerned policies would be sent to the complainant within 10 days but the opposite parties failed to do so. The complainant states that the said acts of the opposite parties caused him mental stress and harassment as such present complaint is filed praying the District Forum to grant reliefs, as stated supra.
3. One Mr. Rishi, Dy. Vice President and secretary and legal, has field written version on behalf of both the opposite parties No.1 & 2 denying allegations made in the complaint and has stated that the hard copy of the policy for the period 2018-19 was sent thrice to the complainant through courier and further states that they sent a soft copy of the same through E-mail which can be stated to be used any where for any purpose including making any claim before the authority concerned. It is also stated that printouts of the sent soft copy of the policy concerned can be taken out and the same can be used as an original document. As hard copies of the said policy were stated to have been sent thrice to the complainant apart from sending soft copy, no lose is sated to have been caused to the complainant. The complainant is stated to have enjoyed the policy coverage towards the periods concerned and has filed the complaint before the District Forum which is stated to be frivolous and the present compliant is liable to be dismissed with costs.
The opposite parties stated that hard copies of the relevant policy for the year 2018-19 were sent through BSA courier vide No. DM9479605 , dt. 04.09.2018 (Annexure R-2) which together with letter dt. 31.08.2018, the return confirmation of the same is stated to have sent on 07.09.2019 through BSA courier (Annexure –R3), 2nd time on 26.09.2018 and 3rd time on 05.01.2018 through BSA courier.
The opposite parties stated that non-receipt of the documents for the years 2016-17, 2017-18 and 2018-19 is false on the part of the complainant and also state that refund of total amount of Rs. 15217/- is not acceptable to them, also denied other relief/s as claimed by the complainant as such prayed the District Forum to dismiss the complaint with costs.
4. Written version on behalf of the opposite party No.1 & 2 has been filed in the Section but not brought on record. Evidence affidavit filed by the complainant has been supported by Ex.A1 to Ex.A6 whereas evidence affidavit filed by the opposite parties No.1 &2 has been supported by Ex.B1 to Ex.B7.
5. Heard learned counsel for the complainant and no representation for opposite parties side. Hence it has been recorded as “no representation for opposite parties hence treated no arguments from opposite parties side.” Perused the documents brought on record. For the purpose of arrival of just conclusion , the following points have emerged for consideration.
a.) Whether the complainant could make out any case against the
opposite parties No.1 & 2 , as to the deficiency of service on their
part.?
b.) Whether the complainant is entitled to any reliefs as claimed for.?,
5.a. Admitted facts are that payment of insurance amount towards insurance policy by the complainant for the period 2018-19, Car Registration No AP09BW0640. The complainant has admitted the receipt of the soft copy of the insurance policy in respect of his above said car for the period 2018-19. The opposite parties No.1 & 2 proved that the hard copies of the insurance policy for the period 2018-19, were sent to the complainant vide Ex.B1, B2, B3, B4 & B5, as has been stated by the opposite party No.1 & 2 in their written version. The complainant could take its print outs and the same could be used as original hard copies for any purpose including claim before any authority. From this discussion, it is very clear that no lose is caused to the complainant and opposite parties are not liable for the same. In regard to the sending of the hard copies for the periods 2017-18 and 2016-17 the same logic is applicable . The provisions of rules made in 2004 under the Information Technology Act 2000 also support the contention of the opposite parties No.1 & 2 i.e, soft copies sent by the authorities can be downloaded and used for any purpose before the authorities concerned, which can be treated as original documents.
In view of our above discussion, it is very clear that there is no deficiency in service on the part of the opposite party No. 1 & 2 in not sending relevant hard copies for the relevant periods to the complainant for which we hold that the opposite parties No.1 & 2 are not, in any way, liable. Thus, this point is answered against the complainant and in favour of the opposite parties No.1 & 2.
5.b) For the reasons stated herein above, and based on our above findings, the complainant is not entitled to any relief as claimed for.
In the result, complaint is dismissed without costs.
Dictated to steno, transcribed and typed by him, pronounced by us on this the 8th day of February, 2021.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of RC book of insured car Registration No. AP09 BW0640
and policy Nol. 0151478481, insured by the TATA AIG General
Insurance Co Ltd.
Ex.A2 – Copy of Bank Statement dt. 31.08.2018 of SBI Net Banking
payment of Rs. 4715/- to Opposite party No.1.
Ex.A3 – Copy of Email confirmation from the Opp Party No.1 for successful
payment of the Car insurance policy. Dt. 31.08.2018
Ex.A4 – Copy of Computer generated email Dt. 01.09.2018 along with
temporary policy Renewal copy received by email within 24 hours.
Ex.A5 -Copy of the Original policy document dt. 24.09.2018. (Hard copy)
for the past year renewal 18.09.2016 to 17.09.2017.
Ex.A6 – Copy of the Original Policy document dt. 18.09.2016 to 17.09.2017.
dt. 24.09.2018. (Hard Copy) for the past year renewal.
Exhibits filed on behalf of the Opposite party :
Ex.B1 – Copy of Comprehensive chart showing details of delivery of policies
issued in favour of the complainant for the years 2011-2012 to
2018-19.
Ex.B2- Copy of the Policy dt. 31.08.2018 for the yer 2018-19 along with
letter sent to the complainant.
Ex.B3 – Copy of Written confirmation dt. 07.09.2018 and 10.07.2019
showing that the 1st hard copy of the policy was delivered to
complainant through BSA couriers.
Ex.B4 – Copy of Written confirmation 26.09.2018 & 10.04.2019. showing
that the 2nd hard copy of the policy was delivered to complainant
through BSA couriers.
Ex.B5 – Copy of Written confirmation dt. 05.11.2018 showing that the 3rd
hard copy of the policy was delivered to the complainant through
BSA couriers.
Ex,B6 - Copy of the letter specifying that the policy for the year 2017-18
was dispatched to the complainant by speed post on dt.
20.11.2017.
Ex.B7 - Copy of the letter specifying that the policy for the year 2016-17
was sent to the complainant through Blue Dart courier on Dt
05.10.2016.
MEMBER PRESIDENT
