COMPLAINT FILED ON: 11/01/2023

DISPOSED ON: 30/01/2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:03/2023

DATED: 30^th January 2023

PRESENT: - Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                    Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER                  

:ORDERS ON MAINTAINABILITY OF COMPLAINT:

Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER.

Complainant has filed this compliant under section 35 of the Consumer Protection Act, 2019 against opponents and prays before this commission to pass orders by directing OP’s No.1 to 2 for P.A. for  owner  driver benefit for Rs.15,00,000/- amount alongwith 18%

interest per annum. Rs.50,000/- towards damages for mental agony, loss of income and Rs.10,000/- towards cost of this complaint and such other reliefs as deemed fit by this Hon’ble Commission.

2. Brief facts of the complaint:

The complainant submits that, the complainant No.1 is the wife and complainant No.2 and 3 are the sons of deceased Thippeshappa K.N and the said Late Thippeshappa K.N was aged about 52 years, married and he was died on 06/04/2020 which the accident was occurred on 06/04/2020 at about 7:35 PM which occurred near Hire Yemmiganur Village, Holalkere Taluk, Chitradurga District.

3. That the complainants are the legal heirs and dependents of deceased Thippeshappa K.N and the said Thippeshappa K.N was traveling in Motor cycle bearing Reg. No.KA-16/EE-1576 on 06/04/2020 at about 7:30 PM by driving the vehicle near Hire Yemmiganur village, Holalkere Taluk in the limits of Chikkajajur Police, the said vehicle was met with accident and in the said accident Thippeshappa K.N has died due to accidental injuries on 06/04/2020. The vehicle bearing Reg. No.
KA-16/EE-1576 has been insured under vide policy No.300542794338/10130/000 for the period 18/11/2019 to 17/11/2020 and the said policy covers PA claim for owner cum driver and that opponent has collected a premium of Rs.330/- for personal accident. After the said accident, complainants have intimated to opponent company through phone regarding the accident and asked for PA claim of Rs.15,00,000/-. Even inspite of complainant’s intimation to opponent authority they have not settled the PA claim, the reasons best known to the opponent. That opponent company has collected premium of Rs.330/- towards PA claim and the P.A. claim of Rs.15,00,000/- has to be paid by opponent authority is still pending, hence opponent have been called   upon   to   pay   the   PA   claim  to  complainants.  That  on

09/12/2022 the complainants have issued legal notice to the opponent calling upon the opponent to pay the PA claim of Rs.15,00,000/- and along with the notice the complainants enclosed certified copy of FIR, Mahazar, IMV Report, PM Report, Inquest Report, RC, DL, Abated charge sheet, Bank Pass book and policy copy for settling the PA claim of Rs.15,00,000/- and the said notice has been served to the opponent on 16/12/2022. Even inspite of notice has been served to the opponent, the opponent never settle the claim and also they have not replied to the said notice.

4. The complainant further submits that, the complainants have visited number of times to the Branch Office, at Hubli for settlement of the claim, but opponent No.1 has never settle the claim of the complainants the reasons best known to them. That the opponent No.2 is the owner of the vehicle and that the deceased Thippeshappa K.N has borrowed the Motor cycle bearing Reg. No.KA-16/EE-1576 from Opponent No.2 on 06/04/2020 and the deceased Thippeshappa K.N has been stepped into the shoes of owner and the opponent No.2 has made a party to the complaint since opponent No.1 has issued policy in favour of opponent No.2. Hence both the opponents are held liable for payment of compensation to the complainant. Hence, this complaint has been filed before this Hon’ble Commission seeking prayer as prayed in his complaint.

5. Hon’ble Commission observed this complaint, it is necessary the point regarding the aspect that whether the complainant is a consumer with in the definition of section 2 (7) of the Consumer Protection Act, 2019 and whether any deficiency in service on the part of opponents. Hon’ble commission observed the facts of the complaint which clearly discloses that complainant is not a consumer of opponents. Such being the reason, complainant is not coming under definition of consumer Protection Act, 2019.

As per section 2 (7) of consumer Protection Act, 2019 ‘Consumer means any person…..

i) buy any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such service are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose… in this case, the deceased not a owner cum driver of the vehicle.

6. Complainant submitted the citation in the Hon’ble High Court of Karnataka, Dharwad Bench, MFA No.101420/2019 (MV), Smt. Pushpalata W/o Late M Shamblinga and others V/s Sharanabasappa S/o Pampapathi and another, this citation is not applicable to this complaint.

7. Hence, as discussed above the complaint is not maintainable before this commission and accordingly, we proceed to pass the following.

                                -:ORDER:-

The complaint filed by the complainant is not maintainable before this Commission for adjudication on maintainability and hence the same is hereby rejected.

(Dictated to the stenographer, and typed in the Computer and   transcribed by him, verified   

and then pronounced in the Open commission by us on 30^th day of January 2023).

LADY MEMBER                       PRESIDENT

GM*