KUNDAN KUMAR KUMAI

This is an appeal u/s 41 of the Consumer Protection Act, 2019, preferred against the judgement passed on 20/07/2023, by the Ld. DCDRC, Cooch Behar, in CC/59/2022.

The Appellant’s case in brief is that, the Respondent/Complainant, is the driver-cum-owner of the truck no. WGV-5599, who had paid Rs.37,546/- (Rupees Thirty-seven thousand five hundred forty-six) only, as Insurance premium to the Appellant for Insurance Policy no. 313202/31/2022/1720, for the period 26/02/2022 to 25/02/2023. The Fitness Certificate issued by the RTO, Cooch Behar, for the above vehicle had been valid till 18/10/2022 and as per terms and conditions, the Respondent/Complainant, had gone to the RTO, Cooch Behar, 10 days prior to the expiry, for renewal of the fitness. But the RTO, Cooch Behar, did not accept the renewal of fitness, on the ground that the Insurance Policy had not been uploaded in the VAHAAN Portal by the Appellant. The Respondent/Complainant, lodged a complaint before the Appellant/Insurance Co. and the RTO, Cooch Behar on 11/10/2022, but till date the Appellant/Insurance Co. failed to upload the Insurance Policy in the VAHAAN Portal. The RTO, Cooch Behar in a letter dated 14/10/2022, mentioned that the Policy had not been uploaded in the VAHAAN Portal, following which the Respondent/Complainant had requested the Appellant, for uploading the same, but with no response. Due to deficiency in service, of the Appellant/Insurance Co., the fitness of the vehicle expired on 19/10/2022 to 27/10/2022, resulting in heavy loss to the Respondent/Complainant. The Respondent/Complainant thereafter purchased another Insurance Policy from Bajaj Allianz General Insurance Co. Ltd., for an amount of Rs.39,669/- (Rupees thirty-nine thousand six hundred sixty-nine) only, following which the RTO, Cooch Behar, accepted the money, amounting to Rs.13,990/- (Rupees thirteen thousand nine hundred ninety) only, on 28/10/2022, as Fitness charge and issued the Fitness Certificate. The Respondent/Complainant, thereafter filed a complaint before the Consumer Affairs & Fair Business Practice, where the Appellant did appear, but the dispute could not be settled. Finding no alternative, the Respondent/Complainant lodged a complaint, before the Ld. DCDRC, Cooch Behar with necessary prayers.

The Appellant/Insurance Co., appeared to contest the claim by filing written version, wherein their main defence, was that, as per the IRDA Regulations, if any party purchased another Policy of the another Insurance Company, during the subsistence of an Insurance Policy, the subsequent Policy would be invalid and the Appellant/Insurance Co. would not be liable for payment of any amount for the subsequent Policy and the Party was at liberty to realize the Insurance premium, from the subsequent Insurance Co. It was also mentioned that the Insurance Policy of the Appellant/Insurance Co. was valid and active and the Appellant/Insurance Co. was liable to pay any claim, but no Insurance premium is liable to be refunded. In view of the above, it was prayed for dismissal of the case.

After going through the materials and evidence on record, the Ld. DCDRC, Cooch Behar, passed the impugned order directing the Appellant/Insurance Co. to pay Rs.1,07,546/- (Rupees one lakh seven thousand five hundred forty-six) only, within 30 days of the impugned order, failing which interest @ 6% PA, would be attracted.

Being aggrieved by the impugned order, the Appellant/Insurance Co. preferred this instant appeal, on the ground that the Ld. DCDRC, Cooch Behar, had erred in law and facts, while passing the impugned order.

Decisions with Reasons

Ld. Advocate for the Appellant/Insurance Co., at the time of final hearing, had submitted that during the subsistence of the Insurance Policy of the Appellant/Insurance Co., the purchase of subsequent Insurance Policy would become invalid as the previous Policy would remain active. That apart as per Rule 57 of the Motor Vehicles Rule, the uploading of the Insurance Policy in the VAHAAN Portal, does not appear necessary in case of issuance of Certificate of Fitness. Moreover, as per the Circular dated 15/10/2008, it was mentioned that the uploading of the Insurance Policy, was the responsibility of the dealers or Registering Authorities, in the VAHAAN data base. Under the circumstance, it was prayed that the appeal be allowed.

None appeared on behalf of the Respondent/Complainant, following which, the appeal was heard ex-parte against him.

The main contention of the Appellant/Insurance Co. was that the Appellant/Insurance Co. was not required to upload the details of the Insurance Policy in the VAHAAN data base, as per the Circular dated 15/10/2008, wherein it was mentioned that the uploading of the Insurance Policy was the responsibility of the dealers or Registering Authorities, in the VAHAAN data base. But on closure perusal of the said Circular dated 15/10/2018, it transpires that the Hon’ble Supreme Court had directed that third party Insurance cover for new cars and two wheelers should mandatorily be for a period of 3 years and 5 years respectively and to incorporate that direction, the above Circular had been issued, directing the dealers or the Registering Authorities, for uploading the details of the mandatory third-party insurance. In the instant case, the vehicle is of the year1980 as per the Insurance Certificate and therefore the same does not qualify to be guided by the directions of the Circular dated 15/10/2018.

Moreover, the RTO, Cooch Behar, had vide letter 14/10/2022, had categorically mentioned that there was no scope for uploading the details of the Insurance from their end and had also sent a copy of the said letter to the Appellant/Insurance Co., for uploading the details of the third-party policy in the VAHAAN Portal. Under the circumstance, the responsibility of uploading the Policy details was on the Appellant/Insurance Co. This is further vindicated by the fact, that the Respondent/Complainant, on the failure of the Appellant/Insurance Co. to upload the same, had opted for a new Policy, after which the Fitness Certificate had been issued 01/11/2022 with validity up to 29/08/2023, indicating that the new Insurance Co. i.e. the Bajaj Allianz Insurance Co. had uploaded the details of the Policy in the VAHAAN Portal. Therefore, when the Bajaj Allianz Insurance Co. could upload policy details, there is no reason why the Appellant/Insurance Co. could not upload the Policy details in VAHAAN Portal. This inability on the part of the Appellant/Insurance Co. to upload the Policy details in the VAHAAN Portal not only resulted in financial loss to the Respondent/Complainant, but also caused mental pain and agony resulting in the compensation being granted by the Ld. Commission below, vide the impugned order. As a result, the instant appeal fails.

It is therefore,

                                                        ORDERED

That the instant appeal be and the same is dismissed ex-parte, but without cost.

The impugned order is hereby upheld. The Appellant/Insurance Co., is directed to comply with the directions passed in the impugned order, within 45 days from the date of passing of this order, failing which interest @ 9%PA, would be attracted, till the date of payment.

Copy of the order be sent to the parties, free of cost.

Copy of the order sent to the Ld. DCDRC, Cooch Behar, for necessary information.

Statutory deposit, if any, be returned, from whom received.

Jt. Registrar, Siliguri Circuit Bench of WBSCDRC, is requested to do the needful.