PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 65/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Abdul Gulam Quadri,

S/O- Abdul Samad,

R/O-Tinagali, Daleipara, PO-Sambalpur, Ps-Town,

Dist-Sambalpur, Odisha.                                                             ……….......Complainant.

Vrs.

1. IFFCO-TOKIO General Insurance Company Ltd.

Corporate Office situated at Kolkata CSC, 5^th Floor,

Saket Building, Near APJ School, 44 Park Street, Kolkata,

West Bengal-700016.

2. Branch Manager,

IFFCO TOKIO General Insurance,

Situated at 2^nd Floor GSM Plaza,

Near Budharaja Main Road, Railway Over Bridge,

Budharaja, Sambalpur-768004                    ..…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. M.S. Mitra & Associates
2. For the O.P.s                       :- Sri. B.K. Purohit, Adv.

Date of Filing:21.02.2024,  Date of Hearing :03.09.2024  Date of Judgement : 21.10.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is about the deficiency in services, negligence in service, mental agony and caused financial loss to the Complainant by the OPs. The brief fact of the case is that the Complainant had insured his vehicle OD 15 J 2166 with the OPs which is valid from policy period 30.09.2023 to 29.09.2024 midnight. On 26.11.2023 at about 8.30 A.M, the said vehicle met an accident near Dhankauda while the vehicle was driving by the driver MD. Ibran. The Complainant rushed to the spot and observed that the vehicle was damaged, he then rushed to the Sadar Police Station on 26.11.2023 and reported the matter before the police and the police registered general diary, entry No. 023 dtd. 26.11.2023. On 26.11.2023, the Complainant also immediately reported the matter to the insurer and one agent cum-loss Assessor rushed to the spot and inspect the damage vehicle of the Complainant. After that reported the matter before OP No. 2 insurer the insurer OP No. 1 advised the Complainant to repair at authorized service center cum-distributor as per the instruction of OP No. 1 shifted his damage vehicle to Maa Samaleswari motors and claimed the insurance for an amount of Rs. 96,804/- repair cost of the damaged vehicle. On 18.12.2023 the Complainant requested the OP No. 1 to settle the claim amount but the OP No. 1 did not receive the phone call and denied the claim of the Complainant and told him that the matter has been settled at our corporate office Kolkata and we are unable to settle the matter at Sambalpur office. The Complainant with much difficulty arranged money from his relatives and friend a sum of Rs. 1, 00,000/- and paid to the service center for release of the vehicle. As per the terms and condition of the policy the Complainant is entitled to get the insurance benefit under the coverage of the policy. But the OP violated the said terms of condition of the policy.
2. The Version of the OPs is that during the currency of the policy, the insured intimated the Insurance Company on 26.11.2023 about the accident. As per the provision of the Insurance Act, a Surveyor &loss Assessor was engaged by the OP to assess the loss and for the verification of the facts relating to the claim. The OP received the survey report of the said Surveyor & Loss Assessor. It was intimated that the insured vehicle was driven by Md. Nazib Raza at the material time of accident which was intimated by the insurer at the time of claim intimation and also mentioned in the Claim Form filed before the OP so also in the Station Diary No. 23 dtd. 26.11.2023, said Md Nazib Raza was holding DL bearing No. OD 150200003270. The said driving License was verified by the OP-Company and it was found that the DL was suspended from 20.10.2023 to 19.01.2024 through challan issued by Traffic Inspector, Jharsuguda. Since, the date of accident was 26.11.2023, the DL of the driver driving the insured vehicle was not valid and effective as on that date as it was under suspension, the OP Insurance company repudiated the claim and informed the insured in a speaking letter of repudiation. Hence, the claim of the Complainant was rightly repudiated as there was a violation of the policy condition by the insured.
3. From the version and submission of the parties and from the supra discussion it is clear that the Complainant’s vehicle had valid Insurance policy at the time of accident. Further, in the Station Diary the name of the driver was mentioned as MD. Ibran. In the other hand the OPs have not given any evidence that the vehicle was driven by Md Nazib Raza. Hence, deficiency in service found against the OPs.

 Accordingly, it is ordered.

ORDER

The O.Ps are directed to settle the claim amount within one month from the date of the order, to pay Rs. 50,000/- towards mental agony, deficiency in service to the Complainants as Compensation and Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 21^st day of Oct, 2024.

Free copies of this order to the parties are supplied.