Orissa

Cuttak

CC/14/2023

Manu Pratap Sahoo - Complainant(s)

Versus

Divisional Manager,Oriental Insurance Co Ltd - Opp.Party(s)

P K Pratap & associates

19 Dec 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C No.14/2023

Manu Pratap Sahoo,

S/o: Late Bijay Kumar Sahoo,

Resident of Mangala Sahi,Choudwar,

P.O/P.S:Choudwar,Dist:Cuttack.                                   ... Complainant.

 

          Vrs.

 

1.       Divisional Manager,

Oriental Insurance Co. Ltd.,

Divisional Office,At:Bajrakabati Road,

                 Cuttack-753001

 

2.       The Deputy Manager,

Oriental Insurance Co. Ltd.,

Service Centre,3^rd Floor,

75 Budha Nagar,Bhuaneswar,

              Dist:Khorda-751006.                                ...Opp .Parties

 

   Present:      Sri Debasish Nayak,President.

          Sri Sibananda Mohanty,Member.

 

  Date of filing:    16.01.2023

  Date of Order:  19.12.2023

 

  For the complainant:            Mr. P.K.Pratap,Adv. & Associates.

     For the O.Ps.             :            None.

.

     Sri Debasish Nayak,President

          The case of the complainant bereft unnecessary details as made out from the complaint petition in short is that he had purchased a Tipper in order to earn his livelihood and the said Tipper bearing No.OR-05-AP-6177 while transporting materials on 22.8.2017 at a Motel known as Manju Dhaba near Bainchua Chhack of N.H-16 under Tangi P.S was parked by the side of the road and was locked since because the driver Sk. Sabir and the helper had gone to take their dinner.  On return, they could not locate the Tipper which they had parked and locked.  After frantic search when they failed to locate the vehicle, they had gone to the Tangi P.S to lodge FIR.  But when the same was refused to be accepted a complaint case was initiated before the JMFC( R),Cuttack on 24.8.2017 and thereafter on the direction of the Hon’ble Court the matter was registered at the Tangi Police Station vide P.S.Case No.172/2017.  The fact of theft was also intimated through the toll free number of the O.Ps since because the said Tipper was insured through them by the complainant vide Policy No.345105/31/2017/2802 which was effective from 26.8.2016 to 25.8.2017 for an assured value of Rs.15,40,000/-.  The police ultimately had submitted final report as “fact true, no clue” and the case was initiated to that effect in the court vide G.R.Case No.1455 of 2017 was disposed of in the National Lok Adalat on 12.3.2022.  The O.P no.2 through their letter dated 5.2.2021 had intimated to the complainant that through their letters dated 5.3.2018,30.3.2018 and 19.9.2019 and several other reminders over phone in order to provide the documents as required, the complainant had not responded for which they had closed his claim.  The complainant had also sent legal notice to the O.Ps on 2.11.2022 and ultimately when no fruitful result had yielded he had to come up with this case before this Commission claiming the assured value of Rs.15,40,000/- from the O.Ps towards his stolen Tipper alongwith interest thereon @ 24% per annum from the date of incident till the amount is quantified.  He has further claimed a sum of Rs.4,00,000/- towards compensation for his mental agony and harassment alongwith a sum of Rs.1,00,000/- towards his litigation expenses so also he has prayed for any other order as deemed fit and proper.

The complainant has filed copies of several documents in order to establish his case alongwith his complaint petition.

The complainant has also filed his evidence affidavit in this case which appears to be a precised form of the contents of his complaint petition and nothing else.

2.       Having not preferred to contest this case both the O.Ps have been set exparte vide order dt.27.4.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if  the O.Ps have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No. ii.

Out of the three points, point no. ii being the most pertinent point is taken up first for consideration here in this case.

After perusing the contents of the complaint petition, the written notes of submission of the complainant, evidence on affidavit of the complainant and the copies of the documents as available in the case record, it is noticed that infact the complainant had a Tipper bearing registration number OR-05-AP-6177 which was also insured vide policy no. 345105/31/2017/2802 through the O.Ps for an assured sum of Rs.15,40,000/- and the said policy  was effective  from 26.8.2016 to the midnight of 25.8.2017.  As per the copies of police report available in the case record, it is noticed that infact the said Tipper of the complainant was stolen in the night of 22.8.2017 near Manju Dhaba of Bainchua Chhack for which information was lodged.  The O.Ps had refused the claim of the complainant with the plea that he had not cooperated in providing the documents as required by them.  The O.Ps had not preferred to contest this case though they were duly issued notice.  The refusal of the claim through the letter of the O.P no.2 has been duly annexed by the complainant vide Annexure-3.

Thus, from the unchallenged and unshattered evidence from the side of the complainant, this Commission comes to a conclusion that infact the complainant had raised his genuine claim of insurance when his Tipper was stolen and such insurance claim was arbitrarily, unilaterally without any justification refused by the O.Ps on the pretext of some illogical and vague pleas.  Thus, this Commission is of opinion that the O.Ps are found to be deficient in their service by refusing the valid and genuine claim of the complainant with  some abrupt pleas of non-cooperation by the complainant.  The O.Ps are also found to have practised unfair trade here in this case.  Accordingly, this important point goes in favour of the complainant of this case.

Points no.i & iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

Case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case. Thus, the O.Ps are directed to pay the assured claim amount of the Tipper bearing No. OR-05-AP-6177 of the complainant i.e. Rs.15,40,000/- to the complainant alongwith interest thereon @ 12% per annum from the date of claim i.e. 24.8.2017 till the total amount is quantified.  The O.Ps are also directed to pay a sum of Rs.2,00,000/- towards compensation for his mental agony and harassment as well as a sum of Rs.50,000/- towards cost of his litigation.   This order is to be carried out within a period of 30 days from the date of this order.

Order pronounced in the open court on the 19^th day of December,2023 under the seal and signature of this Commission.         

                                                                              

                                                                          Sri Debasish Nayak

                                                                                         President

 

 

                                                                      Sri Sibananda Mohanty

                                                                                  Member