Sri. P. Satheesh Chandran Nair (President):

                   The complainant filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite party.

                   2. The complainant’s case is stated as follows:  The complainant purchased 3 WHLD.VEH.GOODS KL-03-Y-2725 MAHINDRA BHARATH MOTORS ON 05.09.2014 and the same is insured at United India Insurance Company.  The sale price of the vehicle was Rs.1,75,500/-.  The opposite party bank has given a loan of Rs.1,43,000/- to the complainant and instalment of Rs.5,530/- is also decided.  Out of this instalment Rs.500/- is the insurance amount for the vehicle.  There is a benefit close in the loan arrangement to the effect that if the party remitted 12 instalment regularly, the opposite party would give 13^th instalment as free.  According to the complainant, the maturity date of the United India Insurance Company would be expired on 09.09.2015.  The complainant entrusted the old policy document at Pathanamthitta branch of United India Insurance Company on 09.09.2015 itself.  The complainant again contended that on 15.09.2015 it is informed that 1^st opposite party has renewed the insurance with a new insurance company named, ‘M/s.CholaMS General Insurance’.  According to the complainant, the change of insurance company effected without the consent and knowledge of the complainant.  The change of the insurance and the entrustment of new insurance is informed to the complainant only on 15.09.2015.  When he received this information he contacted the opposite party’s bank and as per their direction on 16.09.2015 he received the new insurance policy from Thiruvalla office.  According to the complainant, he was not in a position to ply the vehicle in road due to the absence of the insurance policy from 09.09.2015 to 16.09.2015.  This difficulty was happened because of the diligence and irresponsibility of the opposite party.  As a result of the above said act of the opposite party, the complainant had also loss his permanent customers that also affected his daily living.  The complainant was forced to pay an excess amount of Rs.1,030/- to the new insurance policy.  Hence the complainant filed this petition before this Forum to realise the loss happened to him for the non insurance day of 7 days and for compensation etc. etc.

                   3. This Forum entertained the complaint and issue notice to the opposite party for appearance.  The opposite party appeared before the Forum and filed their version as follows:  According to this opposite party, this complaint is not comes under Sec.2(d) of C.P. Act.  Hence this case is not maintainable before the Forum.  This opposite party has admitted the loan cum hypothecation agreement dated 11.09.2014 with the complainant.  It is stated that the 13^th free instalment would be available only for regular payment customers.  According to this opposite party, it is the duty of the financier to renew the insurance policy of the vehicle where the loan was advanced.  It is also admitted that the instalment payment of Rs.5,530/- which also included the insurance premium.  The complainant is also liable to pay Rs.15,000/- as the insurance renewal charges and the opposite party has every right to choose an insurance company like M/s. CholaMS General Insurance .  It is stated that the bank issued the insurance covering note from 10.09.2015 to 09.09.2016 and it is issued on 14.09.2015. In order to renew the policy, the finance bank incurred an expense of Rs.7,735/-.  According to the opposite party, there is no delay in taking subsequent insurance and the original cover note was duly handed over to the complainant.  The complainant has not raised any objection with regard to the insurance company within the time limit.  The opposite party denied the allegation of the complainant to the effect that he has suffered a loss of 7 days from the non use of the vehicle.

                   4. We peruse the complaint, version and other records available before us and framed the following issues for consideration:

1. Whether the case is maintainable before the Forum?
2. Whether the opposite party is committed any deficiency in service against the complainant?
3. Regarding reliefs and costs?

          5. In order to prove the case of the complainant, complainant himself examined as PW1 and marked Exts.A1 to A7.  On the other side, opposite party examined as DW1 and through DW1 Exts.B1 to B3 were marked.  Ext.A1 is the copy of certificate of insurance policy for the period of 10.09.2014 to 09.09.2015.  Ext.A2 is the copy of Motor Policy Schedule Cum Certificate of Insurance.  Ext.A3 is the copy of cash payment details.  Ext.A4 series are the copy of another cash payment details.  Ext.A5 is the e.mail message sent by the complainant to opposite party.  Ext.A6 is the copy of R.C. Book of the complainant.  Ext.A7 is the copy of driving licence of the complainant.  On the other hand, opposite party marked Exts.B1 to B3.  Ext.B1 is the copy of statement of account.  Ext.B2 is the copy of loan agreement.  Ext.B3 is the copy of cover note.              

          6. When we peruse the proof affidavit of the complainant in this case, it is more or less as per the contention of his complaint before this Forum.  PW1 deposed that he is not challenging legality of the opposite parties banking function and also deposed that he has not raising any dispute with regard to the loan amount or interest.  In the 3^rd Para of his proof affidavit he deposed that he paid the whole amount of insurance amount to opposite party in time but they failed to take the insurance in time and the opposite party changed the insurer without the knowledge and consent of PW1.  Mainly he disputed the change of the insurer and the loss sustained to him for 7 days, which was started from 09.09.2015 to 16.09.2015.  Ext.A1 shows that United Insurance Company was the prior insurer of the complainant and the period of insurance was from 10.09.2014 to 09.09.2015.  Ext.A2 is the certificate of insurance issued by CholaMS Insurance.  The date of issue of this insurance is shown on 14.09.2015 and it is also stated in Ext.A2 that the period of insurance is from 10.09.2015 to 09.09.2016.  Ext.A3 and A4 are the details of cash payment to IndusInd Bank (opposite party bank).  Ext.A5 is an e.mail message sent by the complainant to opposite party stating that from 09.09.2015 to 16.09.2015 he could not use the vehicle in road due to non information of the new policy details.  As already discussed earlier, Ext.A6 and A7 are the copy of the registration certificate of the vehicle and the driving licence of the complainant.  On the other hand, we peruse the deposition of DW1 he also admitted that there was a loan transaction between the complainant and opposite party for an amount of Rs.1,43,000/-.  It is also deposed that the loan amount is for 42 months and the instalment was Rs.5,530/- including insurance amount of Rs.500/-.  He deposed that on 11.12.2014 PW1 defaulted the repayment hence PW1 is not eligible for the 13^th free instalment.  After closure of evidence of the complainant and opposite party, we heard both the parties.

          7. Point Nos. 1 to 3:-  For the sake of convenience, we would like to consider Point No.1 to 3 together.  When we evaluate the evidence adduced by both parties in this case, it is clear that there is a loan transaction existed between the parties.  Secondly it is also admitted that the complainant paid monthly instalment of Rs.5,530/- including the insurance instalment amount of Rs.500/-.  Considering this piece of evidence, it is to see that the complainant is a consumer of the opposite party and a consumer dispute is existing between the parties.  Hence Point No.1 found accordingly.  The next question to be considered is whether the complainant suffered any difficulty from the opposite party with regard to the non existence of insurance coverage.  In this case, both the parties are admitted that the prior insurer was United India Insurance Company and the date of expiry of that insurance policy was on 09.09.2015.  It is also proved that the opposite party has taken a new insurance policy to the complainant’s vehicle.  The new insurance company is M/s. Chola General Insurance Company Ltd.  According to PW1, opposite party has no right to choose a new insurance company without the knowledge and consent of the complainant.  It is to see that the complainant entrusted his prior insurance document to prior insurer, i.e. United India Insurance Company on 09.09.2015.  He deposed in chief, “Fsâ BZys¯ insurance XoÀ¶-tijw 7 Znhkw Ignªv 14.09.2015-þ M/s.Chola General Insurance Co.þbpsS Insurance opposite party FSp¯p X¶p.  Fsâ Adn-thm, k½-Xtam IqSm-sX-bmWv opposite party Chola Insurance Co.þsb Npa-X-e-s¸-Sp-¯n-bXv”.  He again deposed in chief, “ Rm³ tem¬ FSp¯ kabw apX Xs¶ 500/þ cq]m hoXw amkw F¶n \n¶v Insurance-\v th­n opposite party FSp-¯n-cp-¶p.  In Page No.5 of his chief examination, “advance Bbn F¶n \n¶pw Insurance XpI opposite party collect sNbvXn«pw ka-b¯v Insurance ]pXp¡n X¶n-«n-Ã.  IqSmsX 7 Znhkw Insurance ]pXp-¡p-¶-Xn\v Ime-Xm-akw D­m-bn.  Cu 7 Znhkw F\nbv¡v hml\w roadþ Cd-¡m³ Ign-ªn-«n-Ã.  Rm³ Fsâ Pohn-X-amÀ¤w Cu hml\w HmSn-¨mWv Is­-¯p-¶Xv”.   In the light of the testimony of PW1, it reveals that due to the irresponsible act of opposite party he could not use the vehicle for 7 days and this is the only earning for his daily bread.  We do admit that even though the learned counsel for the opposite party cross-examined PW1 in length, nothing brought out to discredit or discard the evidence adduced by PW1.  In cross, he replied, “opposite party insurance ]pXp¡n cover note issue -sNbvX date F\n-¡-dn-bnÃ.  09.09.2015- Xs¶  cover note X¶p F¶p ]d-bp-¶Xv icn-bÔ.  It is to be noted that the opposite party has a definite case to the effect that opposite party renewed the insurance policy from 09.09.2015 onwards.  If it be so, the fact with regard to the coverage of new insurance is informed to the knowledge of the complainant.  If so, when it is informed.  The opposite party was not succeed to prove that the vehicle in question was under an insurance policy from 09.09.2015.  When we peruse Ext.A2, it is clear that the policy was issued only on 14.09.2015.  We do admit that the period of insurance is stated as 10.09.2015 to 09.09.2016.  If the opposite party has renewed the insurance policy from 10.09.2015 what prevented them to produce the document to prove that aspect.  At the time of re-examination of DW1, a copy of the cover note of the insurance policy was produced and marked as Ext.B3 and in Ext.B3 the date is mentioned as 09.09.2015.  When this DW1 is again re-crossed, he answered, “Ext.B3 hmZn ssI¸än F¶-Xn\v sXfn-shm¶pw Forum ap¼msI lmP-cm-¡n-bn-«nÔ.  No doubt, we can easily come to a conclusion in favour of the opposite party, if the opposite party succeed to entrust Ext.B3 cover note to the complainant on or before 09.09.2015.  Here, the opposite party failed to prove the entrustment of cover note on or before 09.09.2015 to the complainant.  Apart from all this, the decision of opposite party to take a new insurance without the consent and knowledge of the complainant is also not legally sustained.  It is also seen that there is an amount of Rs.1,030/- was paid to the new insurance company as an excess amount compare to the old policy amount.  As a bonafide customer of the prior insurer, i.e. United India Insurance Company, the complainant entrusted or handed over the prior insurance policy records to them on 09.09.2015.  Considering this evidence, we are not in a position to justify the act of the opposite party by changing the existing insurance company as their own.

          8. After the evaluation of the whole evidence before us, we find that opposite party has committed deficiency in service with regard to the non information of the existence of the new insurance policy and adoption of the same without the knowledge and consent of the complainant.  Therefore, this complaint is allowable.  Hence Point No.2 and 3 found accordingly.

          9. In the result, we pass the following orders:

1.  The opposite party is directed to pay an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) to the complainant as non use of his vehicle for 7 days with 10% interest from the date of order.

2. Opposite party is also directed to pay a compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant with 10% interest from the date of order onwards.

3. A cost of Rs.2,000/- (Rupees Two Thousand only) is also allowed to the complainant from the opposite party with an interest of 10% from the date of order onwards.  (If the opposite party complied the above order within 1 month from the date of receipt of the order, the opposite party is exempted from the interest imposed).                      

           Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 29^th day of April, 2016.

                                                                                     (Sd/-)

                                                     P. Satheesh Chandran Nair,

                                                                  (President)

Smt. K.P. Padmasree (Member – I)          :    (Sd/-)  

Appendix:

Witness examined on the side of the complainant:

PW1  :  N. Sasankan Nair

Exhibits marked on the side of the complainant: 

A1 :  Copy of certificate of insurance policy for the period of 10.09.2014

        to 09.09.2015. 

A2 :  Copy of Motor Policy Schedule Cum Certificate of Insurance. 

A3 :  Copy of cash payment details. 

A4 series :  Copy of another cash payment details. 

A5 :  E.mail message sent by the complainant to opposite party. 

A6 :  Copy of R.C. Book of the complainant. 

A7 :  Copy of driving licence of the complainant.

Witness examined on the side of the opposite party:

DW1  :  Lal Prakash

Exhibits marked on the side of the opposite party:

B1 :  Copy of statement of account. 

B2 :  Copy of loan agreement.

B3 :  Copy of cover note.             

                                                                                                                   (By Order)

Copy to:-  (1) N. Sasankan Nair, Rohini Bhavan, Vakayar.P.O – 689 698.                 (2) IndusInd Bank Ltd., 1^st Floor, Thekkel Building,

                    Mazhuvangadu, Thiruvalla – 689 101.

                (3) The Stock File.