Andheri Kurla Road, Andheri (East),

Mumbai-400059, P.S. Andheri (Mumbai),      

4)                   Assistant Manager-Agency,

HDFC ERGO General Insurance Co. Ltd.             

1, Ho Chi Minh Sarani,   Metro Towers,

10^th Floor, Kolkata-71, P.S. Shakespeare Sarani.                                                      ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

Order No.   21    Dated  28-03-2013.

            The case of the complainant in short is that complainant had one car model ‘Ford Icon’ bearing regn. no.DL 03CS5830 and he is also holder of motor insurance policy being no.VP00483879000100 in his name and renewal premium amount was Rs.2484/- paid under cover note no.002300128542 and he was assured of delivery of policy within 7 days and even after 7 days complainant followed up the matter with the Asstt. Manager-Agency of the policy, but no fruitful answer was given and they went on giving assurance after assurance and thereafter complainant lodged of complaint with HDFC Toll Free number with some Ms. Krishna being complaint no.001676677 who assured complainant that the matter would be solved and thereafter complainant had been to the office of the HDFC Argo personally and met one Mr. Debabrata Chatterjee, the then Asstt. Manager-Agency for the said policy and he was assured that the policy will be delivered shortly.

            Further case of the complainant is that complainant lodged complainant with IRDA regarding non-receipt of policy and the said policy expired since cover note is valid for 60 days and as a result of which the policy became non road worthy since the vehicle cannot be on road without valid insurance policy as per Sec 146 of the Motor Vehicle Act, 1988.

            Further case of the complainant is that complainant upon following up from IRDA Grievance Cell, complainant received a copy (e-mail) of the letter written to R. Srinivasan along with a policy purported to be of complainant although the policy was not according to cover note and instantaneously complainant conveyed the insurance company that the policy issued to the complainant was not the policy of the complainant as the policy did not match  with the cover note and thereafter complainant brought the matter to the notice of IRDA and sent a legal notice to o.ps. which  was duly acknowledged on that day and despite receipt of the said legal notice the insurance company intimated IRDA that the matter has been resolved.

            Further we find from the record that complainant has not yet received the policy and his vehicle has remained non road worthy for want of valid insurance policy.

            It is further case of the complainant that the premium amount was Rs.2484/-, but subsequently premium has been shown paid by complainant as Rs.4892/-. The specific case of the complainant as we find from the record that o.ps. flouted various provisions of insurance laws and o.ps. failed to issue a policy in favour of the complainant in spite of accepting the proposal form and premium and for such non-receipt of valid policy complainant had to incur huge amount for about 13 days by hiring vehicle and the same has caused much hardship to the complainant. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.ps. in the course of argument submitted that complainant has no cause of action at all to file the instant case and is not entitled to relief at all.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant had a vehicle model ‘Ford Icon’ bearing regn. no.DL03CS5830 and complainant is also holder of insurance policy of the said vehicle having policy no.VP00483879000100 in his name and this position has not been disputed by either of the parties and the said policy fell due for renewal on 18.6.10, but no notice for renewal of the said policy was sent to the complainant and the premium was Rs.2484/- and one Sandip a personnel of o.p. no.4 collected premium amount of Rs.2484/- in cash as renewal premium and issued in favour of the complainant a cover note bearing no.002300138542 dt.18.6.10 and the complainant over phone asked o.p. to confirm the receipt of premium on 18.6.10 and enquired about the date of delivery of policy document, but he was assured to have delivery of the policy within maximum 7 working days. But the complainant did not receive the policy even after expiry of 7 working days as was assured.

            Further we find from the record that complainant went on lodging complaint that the IRDA and on receipt of legal notice issued by complainant to o.ps. which  was acknowledged and o.ps. intimated IRDA that the matter has been resolved and the fact remains that with the expiry of 60 days cover note became defanged and his vehicle became non road worthy and as a result of which complainant had to incur huge amount while traveling on  road  by hiring public vehicle, but no receipt to that effect is on record.

            In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against all o.ps. O.ps. are jointly and/or severally directed to issue a correct policy in favour of the complainant pertaining premium amount of Rs.2484/- in respect of cover note no.002300138542 dt.18.6.10 and are directed to pay compensation of Rs.65,000/- (Rupees sixty five thousand) only for harassment and mental agony sustained to the complainant despite having his own vehicle and litigation cost of Rs.7000/- (Rupees seven thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.