Orissa

Cuttak

CC/72/2020

Pramod Kumar Behera - Complainant(s)

Versus

Future Generali India Insurance Company Limited - Opp.Party(s)

G S Mohanty

22 Nov 2022

ORDER

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

C.C.No.72/2020

 

Mr. Pramod Kumar Behera,

S/O:RaibariaBehera,At:Baligari,

P.O:Haridaspur,P.S:Dharmasala,

Dist:Jajpur,State:Orissa.                                                                       ... Complainant.

 

                                                Vrs.

1.       Future Generali India Insurance Company Limited,

Corporate and Registered Office-6^thFloor,Tower-3,

India Bulls Finance Center,

Senapati Bapat Marg,Elpinnstone Road,Mumbai-400013,

Maharashtra.

 

2.        The Regional Manager,

2^ndFloor,Kanlinga Complex,

Plot No.B Unit-1,Rajpath,Bhubanewar,

Odisha-751009.

 

3.        The Manager,

2^ndFloor,PressChhaka,Behind Agarwal

Pharmaceutics,Link Road,Cuttack,Odisha-753010,India.                    ,... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri SibanandaMohanty,Member.

 

Date of filing:      07.09.2020

Date of Order:  22.11.2022

 

For the complainant:          Mr. G.S.Mohanty,Adv. & Associates.

For the O.Ps               :          Mr. A.A.Khan,Adv.& Associates.

 

Sri Debasish Nayak,President.                                                                 

Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that he had purchased a truck bearing No.OR-04L-5685 with Chassis no.MAT426031A1H29605, Engine no.B591452001H20906 by availing a loan of Rs.14,10,000/-.  A sum of Rs.2,00,000/- was spent towards the body building of the said truck by obtaining the finance from Bank of India of Duburi Branch under Kalinga Nagar P.S in the district of Jajpur.  The said vehicle was also insured vide policy no.Y2656857 which was valid from the midnight of 25.10.13 to the midnight of 24.10.14 for a value of Rs.12,70,000/-.  The premium to the tune of Rs.34,250/- was paid towards the insurance of the truck.  The said truck of the complainant was stolen for which he has lodged FIR atthe DharmasalaP.S vide FIR No.236/2014(22.09.2014) and a G.R.case no.795 of 2014 was registered.  The claim was registered before the Insurance Company alleging about theft on 20.11.18.  When the same was not settled he had to send legal notice on 16.7.20,11.8.20 and 22.8.20.  Ultimately, he had filed this case against the O.Ps claiming the insured value of his stolen truck and body thereto for a sum of Rs.12,70,000/-, compensation for his mental agony, compensation for his financial loss to the tune of  Rs.1,00,000/- and further a sum of Rs.50,000/- towards his legal expenses.

2.         The O.Ps have all contested this case and have filed their written version jointly.  According to them, the case of the complainant is not maintainable which is liable to be dismissed with cost.  The said complainant has filed another case bearing no.66 of 2015 before the learned Dist. C.D.R Forum,Jajpur which was dismissed on merit on 30.3.16.  According to the written version, O.P no.3 was informed about the theft of the truck bearing no.OR-04L-5658 of the complainant on 21.9.14 for which one investigator was deputed.  The complainant was asked to submit the relevant documents but those being not submitted by the complainant, the claim file is pending for settlement.  Thus, according to the O.Ps after lapse of six years for the second time, the complainant has filed this case with an oblique motive which is not maintainable.  The complainant was issued several reminders to file the relevant documents but he has not done so and had not cooperated in settling the claim.  The O.Ps have issued letter dated 12.8.15 to the complainant requesting him to submit all the relevant documents in order to settle his claim but the said letter was unanswered by the complainant.  Thus, the O.Ps have prayed to reject the complaint petition with cost.

            The O.Ps have filed copies of several documents including the order of the learned DCDRC,Jajpur.

3.                     Keeping in mind the averments of the complaint petition and the contents of written version, this Commission feels it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable ?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

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

Issue no.i.

Out of the three issues, issue no.i being the pertinent one is taken up first to be considered here in this case.

On perusal of copies of documents as annexed by the complainant alongwithhis complaint petition, it is noticed that as per Annexure-3, the alleged theft of the truck of the complainant was in the night of 22.9.14 which was reported at Dharmasala P.S at Jajpur.  As per Annexure-4, Insurance Company had written to the complainant vide letter dt.12.8.15 requiring certain documents within 15 days.  On perusal of the case record, it is noticed that the complainant had filed this case before DCDRF,Cuttack on 7.9.20.  This unreasonable delay is not at all explained by the complainant and as per the provisions of the C.P.Act, the case would have been filed within two years from the cause of action.  Thus, this case as filed by the complainant at an inordinate delayed stage appears not to be maintainable.  It is also noticed that the earlier case of the complainant before the learned D.C.D.R.C,Jajpur was also dismissed on 30.3.2016.  Accordingly, this issue is answered against the complainant.

Issues no.ii& iii.

From the discussions as made above, the other issues are not required to be discussed further.  Hence it is so ordered;

ORDER

Case is dismissed on contest against O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 22^nd  day of   November,2022 under the seal and signature of this Commission.             

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                          Sri Sibananda Mohanty

                                                                                                                                           Member