P.S. Park Street.                                                                                               ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

Order No.   18    Dated  21-03-2013.

            The case of the complainant in short is that complainant purchased one Tata motors pick up van model Tata 207 DI through finance from Tata Motors Finance Service Ltd. and the said pick up van was insured with the o.ps. insurance company being cover note No.G.F 6224455 on 10.9.07 for the period of 10.9.09 to 9.9.2010.

                On expiry of this policy complainant made contact with the office of o.p. for renewing the said insurance policy and o.p’s insurance official inspected the said vehicle and after inspection o.p. demanded Rs.10,975/- as renewal premium.

                On 26.9.08 complainant made payment of Rs.10,975/- to Kolkata office and unit sales manager issued money receipt by affixing seal and signature. Complainant states that after receiving the said premium o.p. issued certificate cum policy schedule on 30.9.08 being no.3003/55/62141/00/B00.

                On or about month of June 2009 it was detected that vehicle registration number was wrongly printed on policy certificate as WB-05J-7894 instead of WB 15A 5499 but engine No. and chassis No. is rightly printed. Thereafter, complainant made contact with the Kolkata office for correction and also in telephone with Toll free number being request No.40809807 dt.4.8.09 and  o.p. officials assured the complainant that they would correct very soon and after correction new certificate was issued and sent to complainant through post office.

                Complainants states that he waited  for correct policy schedule cum certificate day’s after day’s in the mean time the said policy was expired and complainant again contacted with Kolkata office for renewing the same and o.ps. officials demanded a sum of Rs.11,256/- as renewal premium.  

                Complainant states that after receiving the insurance premium in cash and/or after issuing the policy certificate the policy certificate was cancelled in such a manner without informing the policy holder and/or without refunding the money to the complainant is arbitrary malafide and against the violation of principle of natural justice and it tentamounts to cheating and within the ambit of deficiency of service.

                Complainant compelled to send representation through registered post with a/d on 18.1.10 demanding justice by noi reply comes from the side of o.p. in spite of receiving the demand justice.    

                Complainant states that after waiting few months for reply from o.p. the complainant sent notice through his ld. Advocate through regd. post with a/d on 21.5.10 but in spite of receiving the said advocates notice till today no reply comes from o.ps. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

                O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

                We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant purchased one Tata motors pick up van and the same was insured with o.ps. On expiry of the policy o.ps. demanded Rs.10,975/- as renewal premium. Complainant made payment of the said sum and obtained receipt issued by o.ps. and received the certificate cum policy. But subsequently it was detected in the month of June 2009 that the vehicle regn no. was wrongly printed and came to know that policy was expired and o.ps. demanded Rs.11,256/- as renewal premium. After receiving the insurance premium in cash and after issuing the policy certificate even the said policy certificate was cancelled without refunding the money paid by the complainant without renewing the same.

                Fact remains that during the period of non coverage of the insurance policy factually no untoward incident took place to the complainant and one cannot expect any claim on the base of imaginary approach nor even complainant intimated such mistake of the vehicle regn. no. to o.ps. in writing and we do not find any lapse on the part of o.ps. being service provider to its consumer / complainant and complainant is not entitled any relief.

                Hence, ordered,

                That the case stands dismissed on contest without cost against the o.ps.

                Supply certified copy of this order to the parties free of cost.