This case has been arising out of the complainant filed by the complaint against the O.Ps named above u/s. 12 of the C.P. Act 1986.
The case of the complainant, in short, that the complainant being attracted by the lucrative advertisement of the O.Ps insured his vehicle Bolero Mahindra Pickup bearing Registration No. WB-73F 0799 issued for damaged amounting to Rs. 33,75,200/- vide their companies Policy No. 20133040419800037700000 valid from 06/06/2019 till 05/06/2020 having its Toll Free Number 18002665844, Proposal No. P2295748 of dated- 06/06/2019. At the time of insuring the said vehicle the O.Ps have generated policy covering the risk for the policy period by receiving appropriate policy premium amounting to Rs. 12,000/- per month till completion of 21 months till 01/04/2022 by using a valid receipt (Annexure - A) is the document to prove the same.
On 21/03/2020 the said insured vehicle Bolero Mahindra Pickup Registration No. WB-73F 0799 made an accident the vehicle at Kalikhola Bridge, NH31 Road. After that the complainant was registered a case to the Nagrakata Police Station and M/A case was started vide number 05/2020 of dated 04/06/2020 and the said accident was duly informed to the O.P No. 1 on 10/04/2020 with all photographs (Annexure - A2) is the document to prove the same. The said Bolero Mahindra Pick up was totally damaged due to the said accident and the said vehicle has been kept in a workshop for repair since its release from the court and its insurance brokers being Mahindra Insurance Broker’s Ltd. (Annexure-B) is the document to prove the same.
The complainant has many times communicated with the O.P No. 1 but the O.Ps did not take any measures to the insurance claim for damage amount to Rs. 33,75,200/- against his insured vehicle valid from 06/06/2019 to 05/06/2020. The complainant has submitted all the necessary documents in support of this claim as asked by the O.P time to time. Lastly, on 30/05/2022 O.Ps informed that they are not going to satisfy the claim of the petitioner and against his accidental claim in respect of the insured vehicle. The complainant requested through RTI application to the Nagrakata Police Station to find the present status of the F.I.R of dated 04/06/2020 and where as the Nagrakata Police Station reported through Memo No. 3396-E of dated 13/09/2022 as per Memo No. 696/RTI DSHQ under RTI Act, 2005 and the report stated that there is no case record at the police station upon the said F.I.R related to the incident of dated 22/03/2020 against the said Bolero Pickup (Annexure-C) is the document to prove the same.
Ultimately, the complainant filed a case before this Commission and praying for Rs. 33,75,200/- as damages to the said vehicle with interest and also claim Rs. 2,00,000/- as compensation for his mental agony and sufferings and also claim of Rs. 20,000/- as litigation cost.
It appears from the case record that O.Ps appeared before this Commission on 07/11/2022 and on 13/12/2022 O.P. No. 3 files written version to contest the case and also files evidence-in-Chief on 15/09/2023 but O.P No. 1and 2 made their appearances for the first time on 07/11/2022 but they did not file any written version and did not turn up before this Commission to contest the case.
Hence, the case proceeded ex-parte against the O.P Nos. 1 & 2 as per vide Order No. 05 dated - 16/01/2023.
The case of the O.P No. 3 according to his written version is that there is no claim by the complainant against this O.P No. 3 and there is no cause of action against the present answering O.P No. 3 as because this O.P is not a registered general insurance company. Further O.P No. 3 stated that Mahindra Insurance Broker’s Ltd. is a subsidiary of Mahindra and Mahindra Financial Service Ltd. and also O.P. No. 3 stated that it is a broker company who facilitated in selling policy of different insurance company for the customers of their choice, who purchases vehicle with finance of Mahindra and Mahindra Financial Services Ltd. O.P. No. 3 denied all the allegations make by the complainant as they are all baseless and frivolous and thereby the relief prayed for by the complainant is liable to be dismissed and rejected.
We have gone through the materials on record very carefully and also perused the documents which are lying on case record. Considering the above pleadings the following issues are necessarily come up for the proper adjudication of this case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(7)(ii) of Consumer Protection Act, 2019 ?
- Has this Commission jurisdiction to try the instant case?
- Is there any deficiency in service on the part of the O.Ps?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all these points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience. The case has been filed u/s. 35 of the Consumer Protection Act, 2019 by the complainant.
Point Nos. 1 & 2:- It is admitted position that the complainant insured his vehicle Bolero Mahindra Pickup to the O.Ps. Company, bearing Registration No. WB 73F 0799 insured for damage amounting to Rs. 33,75,200/- vide their companies Policy No. 201330140419800037200000 and the policy was valid from 06/06/2019 to 05/06/2020. As per provision of C.P. Act the complainant is a consumer and he is entitled to file this case for his relief. Complainant resides within the jurisdiction of this Commission and the O.Ps runs their business within the Jurisdiction of this Commission accordingly, the case is well maintainable. So there is no hesitation to hold that the complainant is a consumer within the meaning of u/s. 2(7)(ii) of C.P. Act, 2019 and the resides within the jurisdiction of this Commission. Therefore, this Commission has territorial jurisdiction to try this case as per u/s. 34 of C.P. Act, 2019.
Point Nos. 3 & 4:- It is an admitted position that the complainant insured his vehicle from the O.Ps Company and at the time of insuring the said vehicle O.Ps have generated policy bearing policy vide No. 201330140419800037200000 covering the risk for the policy period by receiving appropriate policy premium from the complainant which is amounting to Rs.12,000/- per month till completion of 21 months till 01/04/2022 by issuing a valid receipt.
The dispute started when the said vehicle Bolero Mahindra Pickup meet an accident the vehicle at Kalikhola Bridge, NH31 Road. After accident of the vehicle a complaint was registered with Nagrakata Police Station and M/A case was started vide No. 05/2020 of dated - 04/04/2020 and the said incident duly informed to the O.P. No. 1 on 14/04/2020. The same was informed by the complainant to Mahindra Insurance Company on 10/04/2020 with all photographs of the accident vehicle. The Insurance claim for the damage amounting to Rs. 33,75,200/- but claim has not been settled in spite of valid insurance policy.
It appears that the complainant has claimed insurance of Rs. 33,75,200/- but from the policy it appears that his car was insured with a value of Rs. 6,75,054/- and he paid premium in this matter. It also appears that the quotation for repair as sent by Khokan Motor Works Pvt. Ltd. as filed by the complainant is only Rs. 7,62,431/-. So why the complainant has claimed more than 33 Lakhs for insurance has not been clarified. The cost of the vehicle is not mentioned here. That a part the documents filed by the complainant we find that no claims petition is filed here to show that the complainant has demanded the claim from O.P No. 1. The O.P No. 1 did not turn up to contest the case that not means the complainant will get the benefit here from. After a considering all these facts we find that the complainant filed this case not in a clean hand. He has claimed the insurance amount without any basis and clarification there is no evidence that he has filed the claim petition before the insurance company or the insurance company repudiated the same. So, the complainant is not entitled to get any benefit at this stage.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is dismissed on contest with O.P No. 3 without cost and ex-parte against O.P Nos. 1 and 2.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
