MR. BIBEKANANDA DAS, MEMBER:-       

                       The C.C. Case No. 71/2019 is taken up today for order. The Op.party  sufficiently noticed on dt. 17.01.2020. Ld. Advocates on behalf of Op filed Vakaltnama by Mr. Md. Nayeem & Associates appeared and filed written version for Opp.Party.

Brief Facts:-

                        Complainant resident of Rajakanika registered owner of Motorcycle, Honda Unicorn vide Regd.No.OR-05-AR-3312, Chasis No. ME4KC09CHB8136657, Engine No. KC09E6141498 which was insured under the Op, the Oriental Insurance Co. Ltd. transmits service branch CBO1 Bhubaneswar 1A Station square from 27.01.2015 vide policy No. 345304/31/2015/8145 validity from 29.01.2015 to 28.01.2016 which covered under own damaged & 3^rd party coverage as per two wheelers package policy Zone-B. The vehicle insured as per valuation Rs. 43,000/- as declared under the policy. Due to bad luck the vehicle of Complainant stolen near Chandabli Kali Mandir parking place on dt. 20.11.2015. Complainant lodged a F.I.R. accordingly P.S. Case No. 205/2015 dt. 23.11.2015 registered by I.I.C. Chandabali Police Station. The same P.S. Case was registered as G.R. 478/2015. The Complainant submitted claim to OP and submitted relevant documents before Op so also to the surveyor of Op. Party. The Op stated to wait for one year for claim settlement because of pendency of claims. Further the Op stated they will remit to complainant account the claimed amount. The Op neither made payment of insured amount nor repudiate by letter to the Complainant, each time Complainant appeared before Op where the cause of action continued till filing of the present C.C.Case. The Complainant claimed sum assured Rs. 43,000/- with interest @12% P.A. and Rs. 50,000/- for mental agony & harassment undergone and litigation cost as the Commission deem fit and proper.

For better adjudication we framed the following issues-

1. Whether the Complainant is a consumer under C.P.Act, 2019?
2. Whether the C.C.Case filed within prescribed period of limitation under C.P.Act,2019?
3. Whether non settlement of claim is deficiency in service & unfair contract committed by Op?
4. Whether the Op being insurer liable to pay sum assured with other consequential damages as per C.P.Act 2019?
5. To what amount the Complainant is entitled?

Issue No.1-

          The Complainant paid premium & insured his vehicle under Op insurer therefore Complainant is a consumer who hires or avails service for a consideration as premium & is a consumer under Sec-2(7)(II) of C.P.Act, 2019.

Issue No.2-

          The vehicle was stolen when the Policy was in force. F.I.R. was lodged & G.R.Case registered and final form submitted before Court. The Complainant approached Op several time but in vain. Complainant submitted claim form before Op & also their surveyer. The Op waited till the vehicle traced. The Op neither settled the claim not repudiated by setter, therefore the cause of action continued till filing of C.C.Case, but the Op vehemently opposed in their written version that the C.C.Case was filed with ulterior motive after lapsed of limitation period. This Commission not found any material submitted by Op that there was not continuance of limitation period. The issue gone in favour of Complainant to decide the maintainability question, the same decided on Complainant’s favour.

Issue No.3-

              Non-settlement of insurance claim is the deficiency in service as the provisions are well described in C.P.Act,2019. Service includes description of insurance under Sec-2(42) and deficiency under Sec-2(II) the Op ought to have maintained its performance towards consumer. Non-settlement of claim amounts to deficiency of service well decided by State, National, Honbl’e Supreme Court in various cases.

Issue No.4-

               The Op liable for non-performance of its duties as per contract of insurance. Where the insured must be indemnified by insurer if uncertain harm caused to a insured vehicle under general insurance. Non-settlement within the prescribed time is deficiency for which the Op is liable to pay the already claimed amount as sum assured with other reliefs as per the C.P.Act, 2019.

Issue No.5-

                 The Op liable to pay sum assured of Rs. 43,000/- under the Policy so also Rs.5,000/- for mental agony & harassment for non-settlement of claim when the Complainant lost his vehicle which was stolen and litigation cost of Rs.1,000/- which is just & proper.        

                                                            ORDER

                It is directed that the Op shall pay sum assured Rs.43,000/- with @ 6% P.A. from the date of filing i.e, from dt.27.12.2019 & further directed to pay Rs. 5,000/- for mental agony & harassment undergone by the Complainant alongwith Rs. 1,000/- for litigation cost within a period of one month from the date of receipt of this order, failing which the Op shall be liable for execution as per the C.P.Act, 2019. The C.C. Case is allowed.

                         Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Court, on this the 28th day of December,2022.             

         I agree,

           Sd/-                                               Sd/-

                            PRESIDENT                                MEMBER