DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No.13 of 2014
Sudarsan Panda, S/o. Late Gopal Panda, aged about 29 years, Occupation – Business, R/o. Palace Garden, Sonepur, P.O./P.S. Sonepur, District – Subarnapur.
………….. Complainant
Vrs.
1. The Branch Manager, National Insurance Co. Ltd., Branch at Sambalpur (Near Goal Bazar) P.O./P.S/District – Sambalpur.
2. Sri S.N.Panda, Branch Manager, National Insurance Company Ltd. Bolangir Branch (Near Old Girls High School, Sambalpur road), P.O./P.S./District – Bolangir.
………….. Opp. Parties
Advocate for Complainant ………. Sri R.S.Meher
Advocate for the O.Ps. ………. Sri P.K.Purohit
Present
Sri S.C.Nayak, President
Smt.S.Mishra, Lady Member
Sri H.Padhan, Male Member
Date of Judgment Dt.27.01.2017
J U D G M E N T
By Sri H.Padhan, Male Member.
The complainant has filed the complaint on the allegation that the complainant was the owner of the vehicle Maruti Swift Desire VXI Car bearing Regd. No.OR-02-AX-0270. The vehicle has been insured in the National Insurance Co. Ltd. Bolangir Branch. On dt.12.08.2013 under Policy No.16340231136165001036 and it was valid upto 13.08.2014. During continuance of the policy the vehicle was burnt accidentally on dt.2.5.2014 at about 00.50 hrs. The O.Ps. inspite of receiving the claim application from the complainant did not settle the claim of the complainant. The complainant has claimed compensation of Rs.7,12,266.18 towards insured money and Rs.2,00,00,000/- towards compensation.
The O.Ps. filed version and denied the allegation of the complainant. The O.Ps. alleged that the complainant has suppressed the fact and managed to obtain another comprehensive policy vide No.16340031126700003976 from Titilagarh Office, which was valid upto 22.03.2014. Further the O.P. submitted that during continuance of the policy the vehicle was burnt with unknown cause on dt.12.08.2013 at about 4.45 P.M. and accordingly
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Fire Report was lodged by the complainant before the Fire Station vide Report No.70/2013 on dt.12.08.2013. After obtaining the comprehensive policy by concealing and misleading the material fact, the complainant has alleged that the vehicle was burnt on dt.2.5.2014. So the National Insurance Company is no way liable to pay any amount since the vehicle was burn at the time when the policy was not covering such damages.
We have heard the learned counsels for the parties and perused the materials on record. From the pleadings of the parties, submissions of learned counsels during hearing the following issues are required to be adjudicated by the Forum.
1. Whether this Forum has jurisdiction to decide the complaint ?
2. Whether the complainant obtained a comprehensive policy suppressing the material fact ?
3. To what relief the complainant is entitled ?
Point No.1 :
The complainant has taken the Policy from National Insurance Co. Ltd. through its Branch Office at Bolangir vide Policy No.16340231136165001036 and the cause of action arose within the jurisdiction of this forum. Hence this forum has jurisdiction to decide the case as per provision of Section 11 of the Consumer Protection Act.
Point No.2 :
The complainant was a policy holder of National Insurance Co. Ltd. Vide Policy No.16340231136165001036 of his vehicle bearing Regd. No.OR-02-AX-0270 and the policy was valid upto 13.08.2014. On dt.02.05.2014 at about 00.50 Hrs.. the vehicle of the complainant was burnt. The O.Ps. submitted that alleged vehicle was insured by the complainant vide Policy No.16340031126700003976 which was valid upto 22.03.2014 but the O.Ps. could not filed the copy of the said policy before this Forum. So the policy taken earlier as alleged by the O.Ps. is not proved beyond doubt.
The O.Ps. has filed the Fire Report alongwith spot report in order to show that the vehicle was burnt on dt.12.08.2013. But it is not known whether the complainant has obtained any relief for the same from the Insurance company. The complainant has filed extract copy of Sonepur P.S. S.D.E. No.33/dt.2.5.2014 and Fire Certificate report issued by
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the Asst. Fire Officer, Fire Station, Sonepur vide F/R No.61/2014 dt.2.5.2014. On perusal of the same we find that the vehicle has been burnt on dt.2.5.2014, it is established that the vehicle was burnt due to fire. Further more the vehicle was burnt during the continuance of policy.
So we are of the considered opinion that the complainant is entitled to relief sought for. We find that the policy was in existence during the period of occurrence i.e. on dt.2.5.2014. Perused the policy documents filed by the complainant and ascertained that the IDV of the vehicle is Rs.3,27,000/-. Since the complainant has used the vehicle approximately for a period of 9 (Nine) months, we are inclined to deduct Rs.27,000/- from the IDV towards depreciation. So the complainant is entitled to Rs.3,00,000/- for the vehicle. Taking the facts and circumstances into consideration we also allow of Rs.5,000/- towards compensation for deficiency of service and Rs.2000/- towards cost of litigation. O.Ps. are jointly and severally liable for their deficiency in service. We order accordingly.
O R D E R
It is hereby ordered that the O.Ps. shall pay Rs.3,07,000/- (Rupees Three Lakhs Seven thousand) only to the complainant within one month from the date of this order. Complaint is partly allowed.
Dated the 27th January 2017
Typed to my dictation
I agree. I agree. and corrected by me.
Sri S.C.Nayak, Smt.S.Mishra, Sri H.Padhan
President Lady Member Male Member
Dt.27.01.2017 Dt.27.01.2017 Dt. 27.01.2017
