Tamil Nadu

StateCommission

A/462/2023

Shriram general insurance co ltd - Complainant(s)

Versus

C.Sathiskumar - Opp.Party(s)

Elveera ravindran

23 Jun 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No.462 of 2023

(Against the Order passed in C.C. No.12/2022 dated 20.07.2022 on the file of the D.C.D.R.C., Erode)

 

Dated the 23^rd day of June 2023

1. M/s. Shriram General Insurance Co. Ltd.,

Represented by its Authorized Signatory,

E-8, EPIP RIICO Industrial Area,

Sitapura,

Jaipur – 302 022.

 

2. The Branch Manager,

M/s. Shriram General Insurance Co. Ltd.,

VCTC Main Road,

Sathy Road,

Erode – 638 003.                  .. Appellants / Opposite Parties 1 & 2.

 

- Versus –

C. Sathiskumar,

S/o. Mr. Chandran,

No.75/1, Kullanayakkanpalayam,

Kumarapalayam Taluk,

Namakkal – 638 183.                      .. Respondent / Complainant.

 

Counsel for Appellants / Opposite Parties 1 & 2 :  M/s. Elveera 

                                                                        Ravindran

Counsel for Respondent / Complainant             :  M/s. K. Sudha   

 

                The Respondent as complainant has filed a complaint before the District Commission against the opposite parties 1 & 2 praying for certain directions.  The District Commission had passed an ex-parte order, allowing the complaint.   Against the said ex-parte order, this appeal is preferred by the opposite party praying to set aside the order of the District Commission dt. 20.07.2022 in C.C. No.12/2022.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing for appellants, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

           

ORDER

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

1.     The opposite parties 1 & 2 before the District Commission are the appellants herein.

 

2.     The case of the complainant before the District Commission is that the complainant is having a Skoda Rapid 1.5 TDI vehicle and its Registration Number is TN 34 X 5005.   The complainant took an insurance policy vide No.421016/31/22/003137 for the period from 07.09.2021 to 06.09.2022.   On 09.10.2021 at about 07.00 P.M. near Rajam Theatre, the complainant along with his family, while driving a car an accident had occurred. Immediately, the complainant reported about the accident to the Juriscitional Police Station.  The said complaint was registered under vide CSR No.135/2021 dt.13.10.2021.  On 15.10.2021, the complainant submitted a motor insurance claim with the opposite parties and the same was repudiated by the opposite parties on 11.12.2021 due to PART FAILURE of the insured vehicle.  The act of the opposite parties had caused great mental agony to the complainant. Hence, the complainant sent legal notice dt.09.03.2022 to the 1^st opposite party but, the 1^st opposite party has not come forward to settle the claim.  Thereafter, alleging deficiency in service on the part of the opposite parties 1 & 2, the complainant had filed a complaint before the District Commission claiming the amount of Rs.3,44,071/- along with 24% interest p.a., to pay a sum of Rs.3,00,000/- towards compensation for mental agony and sufferings etc and cost of Rs.5,000/- to the complainant.

 

3.     Though notice has been served on the opposite parties 1 & 2 they have not chosen to appear before the District Commission and hence, the opposite parties 1 & 2 were set exparte. Consequently, the District Commission passed an ex-parte order directing the opposite parties to pay a sum of Rs.3,00,000/- towards the repairing cost of the insured vehicle, to pay a sum of Rs.50,000/- towards compensation for mental agony and cost of Rs.5,000/- to the complainant failing which, to pay the said sum of Rs.3,00,000/- along with interest at the rate of 9% p.a. from the date of complaint till the date of realization to the complainant.

4.     Aggrieved over the said order, this appeal is preferred by the opposite parties 1 & 2 praying for setting aside the order and for a chance to contest the case on merits.

 

5.     Before this Commission, the counsel for the appellants/ opposite parties 1 & 2 submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding in the complaint.  Further, the complainant has not come with clean hands before the District Commission and there is no merit in his case.  Therefore, the opposite parties 1 & 2 sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

6.     When the case had come up before this Commission on 16.06.2023, after hearing the submission of the both parties, this Commission had felt that irrespective the reason stated by the complainant, in order to give a chance to the opposite parties 1 & 2 to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the

opposite party, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission on or before 22.06.2023.   Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law.

 

In the result, the appeal is allowed by setting aside the order of the District Consumer Commission, Erode in C.C. No.12/2022 dt.20.07.2022, and the matter is remanded back to the District Commission, Erode for fresh disposal according to law and on merits after hearing both sides.

 Both parties are directed to appear before the District Commission, Erode on 24.07.2023 for further proceedings.  The appellants / opposite parties 1 & 2 is directed to file Vakalath, Written Versions, proof affidavit, written arguments and documents if any on the same day itself.

 The District Commission is directed to dispose of the complaint on merits within three months after hearing both parties as expeditiously as possible as per law.  

 Both parties shall abide by the order of the District Commission regarding the mandatory deposit already made by the appellants / opposite parties 1 & 2 before this Commission.

 

 

 

   R  VENKATESAPERUMAL                                                                                                                 R. SUBBIAH

                 MEMBER                                                                                                                                   PRESIDENT

 

 

Index :  Yes/ No

 

KIR/SCDRC/Chennai/Orders/June/2023