IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 3rd day of November 2009 CC.130/2009 Muhammed Muneer, Bushra Manzil, Thittarikkovval, Perumba, Vellur Amsom, Kandoth P.O. Complainant (Rep. by Adv.M.M.Anto) Cholamandalam Ms.Genral Insurance company Ltd. 2nd floor, Pearl Building, Near Makkani, Opposite party South Bazar, Kannur. O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to refund excess amount of Rs.14761/- received with 12% interest from 29.1.08 to the date of refund along with cost. The complainant’s case is that he had purchased an Innova car and the insurance was arranged from the opposite party. The opposite party demanded Rs.35, 761/- towards insurance expense and was given and the vehicle was insured with effect from 29.1.08 to 28.1.09. The split up was not filled up in the cover note. For the subsequent period the complainant approached the new India Assurance company Ltd., payyannur and they demanded Rs. 16,276/- for various requirements and is insured for the period from 29.1.09 to 28.1.09. The complainant came to understand that the opposite party had cheated the complainant and received exorbitant amount for their insurance for the previous year. At any rate the insurance amount required for complainant’s vehicle was Rs.20, 000/- to Rs.21, 000/-. The service of opposite party amounts to cheating and unfair service and extracting unreasonable amount for insurance coverage. In addition to exorbitant rate non-disclosure of various heads of demand is also unfairness of opposite party. So the complainant issued a lawyer notice. But the opposite party instead of refund issued a reply with untenable contentions. Hence this complaint. On receiving the complaint, forum has issued notice to the opposite party and was returned since the opposite party has changed their business centre. So notice was served through substitute service and the opposite party remains absent and hence he was called absent and set exparte. The main issue to be decided in this case is whether there is any deficiency in service and unfair trade practice on the part of opposite party? The evidence in this case consists of the chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 to A5. The complainant has filed chief affidavit in accordance with his pleadings and produced five documents. Ext.A1 is the insurance cover note issued by opposite party from 29.1.08 to 28.1.09 and A2 is the certificate of insurance issued by the New India assurance company Ltd. Ext.A3 and A4 are the lawyer notice issued to opposite party and A5 is the reply notice. The Ext.A1 shows that the opposite party had received an amount of Rs.35761/-. But even though different columns are shown in the cover note for calculating premium the split up is not entered in the columns. But in Ext.A2 the amount received is Rs.16, 276/- and its split up is shown as Rs.14, 486/- towards premium and Rs.1790/- towards sales tax. So the Ext.A1 and A2 proves the case of the complainant that the opposite party had received exorbitant amount without any basis. More over the opposite party has not explained the split-up of the amount received by them even after the lawyer notice. Above all opposite party has not turned up before the forum to defend their case. So we are of the opinion that there is unfair trade practice and deficiency of service on the part of the opposite party for which they are liable to compensate. So the opposite party is bound to refund Rs.14, 761/- received in excess with 6% interest from 29.1.08 to the date of receipt with Rs.1000/- as compensation and Rs.500/- as cost to the complainant. In the result, the complaint is allowed directing the opposite parties to refund Rs.14, 761/-(Rupees Fourteen Thousand seen hundred and sixty one only) with 6% interest from 29.1.08 till the date of realization with Rs.1000/- (Rupees One thousand only) as compensation and Rs.500/-(Rupees five hundred only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order under the provisions of consumer protection act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Copy of the cover note issued by OP dt.30.4.08 A2. Copy of the documents for insuring the vehicle dt.22.1.09 A3. &A4.Copy of the lawyer notice dt. 2.2.09 and 23.3.09 A5.Copy of the reply notice Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
