Date of filing:- 07/12/2017.

Date of Order:-02/01/2020.

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM(COURT)

B A R G A R H

Consumer Complaint No. 62 of 2017

Debananda Babu, son of Chaturbhuja Babu, aged about 42(forty two) years, resident of Barpali (Near Samaleswari Mandir), Po/Ps. Barpali, Dist. Bargarh.

..... ..... ..... .... Complainant.

-: V e r s u s :-

Branch Manager, Oriental Insurance Co. Ltd. Bargarh, At/Po/Ps/Dist. Bargarh.

..... ..... ..... Opposite Party.

Counsel for the Parties:-

For the Complainant :- :- Sri S.K.Dash, Advocate with associate Advocates.

For the Opposite Party :- Sri A.K.Dash, Advocate.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).

Dt.02/01/2020. -: J U D G E M E N T:-

Presented by Sri Krishna Prasad Mishra, President:-

Brief Fact of the case;-

Being persuaded by the Provision of the Consumer Protection Act 1986. The Complainant preferred to file the case with the ground mentioned hereunder.

The case of the Complainant that he is a consumer of the Opposite Party having insured his Vehicle by the make and model Mahindra Xylo bearing it’s Registration No.17-H-0110 with the Opposite Party vide Policy No.345601/31 2017/1275 Dt.26.06.2016 to 25/06/2017 for one year and during the subsistence of the insured period the said vehicle of the Complainant met with an accident on 24.12.2016 at Sitaram Nagar Khuntpali N.H. under Dunguripali Police Station, Dist:-Subarnapur.

And consequent upon the said accident the said vehicle of the Complainant sustained heavy damage as such on the advice of the Opposite Party the Complainant got it repaired at Krishna Auto Motive Haldiapali Chowk, N.H, Bargarh which costs amounting to Rs.62,523/-(Rupees sixty two thousand five hundred twenty three)only and on the advice of the Opposite Party the Complainant submitted his claim form duely with the Opposite Party. And also the Opposite Party in response deputed a surveyor to survey and to report, but to his utter surprise his claim was repudiated by the Opposite Party vide his letter No.L33/17 only on the ground that the Complainant has violated the policy condition as the Driver is not having a valid license to drive LMV non-transport though the Driver was having license to drive transport Vehicle, which is an act of deficiencies of service on the part of the Opposite Party coupled with unfair trade practice as per the Complainant thus seeing no other alternative preferred to file the case before the Honorable Forum to redress his dispute with a prayer to issue a direction to the Opposite Party to pay him the Rs.62,523/-(Rupees sixty two thousand five hundred twenty three)only spent by him to repair the Vehicle and for compensation amounting to Rs.50,000/-(Rupees fifty thousand)only against his mental physical and financial harassment relying on the following documents:-

1. R.C.Book.

2. Insurance Policy.

3. Driving License.

4. F.I.R. and final Form in P.S.Case No.167 Dt.24.12.2016.

5. Letter issued by the O.P.

Heard the counsel for the Complainant, perused the complaint and the accompanied documents and admitted the case and Notice was served on the Opposite Party and in response the Opposite Party appeared before the Forum through his Advocate and filed his version.

And the sole contention of the version filed by the Opposite Party is a denial one basing the terms and condition of the Policy that the Driver of the vehicle don’t have Driving License at the time of the accident as such is entitled for any relief and so repudiated the same and have acknowledged the same to the Complainant and as such have not committed any acts of deficiencies of service as is not liable for any action under the Act and prayed to dismiss the case.

Perused the documents of the Parties along with their respective pleadings and also heard their respective counsels with utmost care and vigilance from which it clearly reveals that the facts enumerated in the pleading of the Complainant with regard to the insurance with the Opposite Party, the fact of accident with vehicle and the repair made by the Complainant thereto is not denied by the Opposite Party hence is an admitted facts but the only question of dispute is the valid driving license of the Driver regarding which it is found by us that the driver of the vehicle is in possession of a Driving License entitled to drive transport vehicle but only cause of repudiation of the Complainant made by the Opposite Party is that he did not have a license to drive non-transport vehicle which is very much ridiculous on the part of the Opposite Party which speaks of his attitude of deficiencies of service and unfair trade practice towards the Complainant, and at the same time it is also not fair on it’s part mostly because of the fact that the Driver is having a valid License to drive a transport vehicle that means that he is well trained to drive a four wheeler so it should be considered by the Opposite Party in appropriate manner and should have settled the claim instead of taking the shelter of technicalities in avoiding the claim of the Complainant which amounts to deficiencies of service coupled with unfair trade practice on his part as such in our consensus view the Opposite Party is liable to compensate the loss sustained by the Complainant as such our answer is assertive to the case of the Complainant, hence our order follows:-

-: O R D E R :-

The Opposite Party is directed to pay an amount of Rs.62,523/-(Rupees sixty two thousand five hundred twenty three)only towards the cost of repair with an interest @ 6% (six percent) per annum from the date of filing of the case till date of Order to the Complainant and further directed to pay Rs.20,000/- (Rupees twenty thousand)only towards compensation against the mental, physical and financial loss sustained by the Complainant with in thirty days from the date of receipt of the order in default of which the total awarded amount would accrue an interest @ 12 % (twelve percent) interest per annum till the actual realization of the total amount.

In the result the complaint is allowed against the Opposite Party and the same being pronounced in the open Forum and is disposed off to-day i.e on Dt.02.01.2020.

Typed to my dictation

and corrected by me.

( Sri Krishna Prasad Mishra)

                   P r e s i d e n t.

                         I agree,

( Ajanta Subhadarsinee)

            M e m b e r (W).

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Sri Dusmanta Padhan

Office Assistant, Bargarh.