DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 14 OF 2016
Narendra Ku. Singh,
S/O: Hari Ram Singh,
R/O: Lamtibahal (Guwalapda), PO/PS- Brajrajnagar,
Dist- Jharsuguda, Odisha………………………………………………. Complainant.
Versus
Divisional Manager,
Oriental Insurance Co. Ltd.,
At- VSS Marg, In Front of Saket Hotel, Sambalpur,
Dist: Sambalpur, Odisha....................................................................... Opp. Party.
Counsel for the Parties:-
For the Complainant Shri R.L.Agrawal, Adv. & Associates
For the OPP. Party Shri B.K.Purohit, Adv. & Associates.
Date of Order: 26.12.2016
Present
1. Shri S.L Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt. A. Nanda, Member(W).
Shri S.K.Ojha, Member : - The complaint case in brief is that the complainant has purchased one Bolero vehicle bearing Regn. No. OR-23-A-3386 on hire purchased scheme and insured with the O.P. The validity of insurance was from dt. 22.05.2007 to 21.05.2008. The said vehicle was hijacked by some unknown culprits which was reported at Brajrajnagar Police Station vide PS case No. 32 dt.11.02.2008. The complainant claimed for insurance before the O.P. but the O.P repudiated the claim on the ground that the driver has not valid license and it is a case of breach of trust hence violated the policy condition. In the meantime the complainant filed a Writ Petition before the Hon’ble High Court of Orissa for direction to the Brajrajnagar Police to submit the FF immediately which was also disposed of. The Brajrajnagar Police submitted the FF u/s 392 against unknown culprits as “case is true but no clue” on dtd. 26.06.2009. The complainant engaged one advocate to file his case but later it came to know that no any case filed by the said advocate. Further the complainant sent an advocate notice to the O.P through the present advocate on dtd. 28.12.2015 and filed this case after noncompliance by the O.P.
The O.P. appeared after being noticed, filed written version wherein it has submitted that, the case is not maintainable. It barred by limitation period and also the insurance claim has been repudiated due to violation of policy condition by the complainant. Denying all the allegations imposed by the complainant the O.P prayed for dismissal of case.
After filing of the case the complainant kept silent and remained absent continuously. Heard from the O.P and gone through the case record and materials available. The complainant insured his said vehicle with the O.P vide Policy No. 345600/31/2008/568 dtd. 22.05.2007 and after theft of the same, claim was lodged vide claim No. 345600/304/31/2008/396 Loss dtd. 10.02.2008 and after thorough verification the O.P repudiated the claim on the ground that, “The police report confirms that the vehicle was being driven by one Mr. Subodh Jayapuria who has subsequently committed theft of the vehicle. On our investigation we find that the said driver did not have an effective D.L. to drive this vehicle. This violated the condition of the insurance policy, Moreover breach of trust by the driver of the vehicle is not covered under the policy, for the above reasons we are constrained to repudiate our liability on the claim”. Further it is noted that the cause of action arisen in the year 2009 as the claim was repudiated in the year 2009 and the case has been filed in the year 2016 which clearly reflects barred by limitation period as per the provision of the Consumer Protection Act, 1986.
On the above mentioned facts and circumstances there is no any merit found in the complaint petition, hence the complainant petition is hereby dismissed with no costs.
Accordingly the case is dispose of.
Order pronounced in the open court today on this the 26th day of December’ 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.L.Behera, President A.Nanda, Member(W) S.K.Ojha, Member
Dictated and corrected by me.
S.K.Ojha, Member
