Sri Kamal De, President
The case of the complainant, in short, is that he purchased a Toyota Innova Car vide registration no. WB 32 C 7471 Engine No. 2KD 6971873, Full model code KUN40R GKMDYX, VIN no. MBJIIJV4007317759, Colour Code Grey Mika Metallic/IE3 (Perl).
The said car was also insured under private car package policy vide policy no. 0317013115P102945282 for the period commencing on and from 00.00 hrs. on 17.06.2015 till midnight of 16.06.2016.
The complainant paid an amount of Rs.16004/- for the said policy with the split up– a sum of Rs.1004/- in cash and Rs.15000/- vide cheque bearing no. 609401 dtd. 16.06.2015 drawn on SBI, Contai bazar. On 26.02.2016 the complainant met with an accident at Deuli Bangla More on Digha Contai Road for which the said car was heavily damaged. The complainant took the car at service center at Toyota Topsale Pvt. Ltd., Kasba E.M. Bypass, Kolkata where the initial estimate was made to the tune of Rs.132236.47/-. The complainant claimed the insured amount but OP informed the complainant that the policy of the complainant has been cancelled due to dishonour of cheque. The claim of the complainant was thus repudiated by the OP. Hence, this case.
OP filed W/V contending interalia that the petition of complaint is not maintainable and the complainant has got no cause of action for filing the case. OP has alleged that OP issued the insurance policy in question on 17.06.2015 after receiving the cheque of Rs.15000/- bearing cheque no. 609401 dtd. 16.06.2015 but the cheque was dishonoured on 03.07.2015 and the matter was informed to the complainant after cancellation of the policy vide letter dtd. 03.07.2015. The OP has prayed for dismissal of the case.
Points for determination
- Whether the vehicle in question was covered under a valid insurance policy on the date of accident i.e. 26.02.2016?
- Whether there was deficiency of service on the part of the OP?
- Whether the complainant is entitled to get relief as prayed for?
Decision with reason
All the points as above are taken up together for the sake of convenience of discussion and as the points are interlinked having direct bearing upon one another.
We have gone through the documents filed from the respective sides on record. It appears that the complainant took insurance policy vide policy no. 0317013115P102945282 issuing a cheque bearing no. 609401 dtd. 16.06.2015 for Rs.15000/-. He also paid a sum of Rs.1004/- in cash. From the documents on record it appears that the cheque of Rs.15000/- was dishonoured on 03.07.2015. OP has also filed a letter dtd. 03.07.2015 alongwith Bank comment showing that the complainant was duly intimated about the dishonour of the cheque because “drawer signature differ”. Ld. Lawyer for the complainant has however argued that no such letter was ever served on the complainant.
We have perused the insurance policy in question. It is categorically stated in the terms and condition of the policy – “The Policy stands cancelled or void in the event of cheque dishonour”. We find that as the cheque was dishonoured the policy automatically stood cancelled on 03.07.2015. The alleged accident took place on 26.02.2016, so we think that the car in question was not covered by a valid insurance policy on the date of the alleged accident. Moreover we find that the complainant has neither filed any copy of GD or FIR to show the bonafide or genuinity of his claim that the car in question met with accident on 26.02.2016.
Considering all aspects, we do not think that the complainant is entitled to get any relief in this case as prayed for. The OP however is duty bound to return an amount of Rs.1004/- paid in cash by the complainant to the OP at the time of getting the insurance policy. We do not think that any mental agony or harassment is caused to the complainant. So, we are not inclined to pass any order as to mental agony or harassment or damage, as alleged.
All the points are thus disposed of accordingly.
Hence
ORDERED
That the instant case being no. CC/25/2016 be and the same is allowed in part. The OP is directed to return an amount of Rs.1004/- to the complainant alongwith litigation cost of Rs.5000/- within 1 month from the date of passing this order, i.d. the complainant will be entitled to put the order into execution and in that case the OP will have to pay an amount of Rs.100/- per diem till full and final payment.
