Date of filing:- 15/02/2023.
Date of Order:-11/03/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 15 of 2023.
Sri Mukesh Kumar Dash, aged about 35(thirty five) years, S/o Pramod Kumar Dash, Occupation-Cultivation, R/o/village- Rusuda, Ps/Tahasil- Bheden, Dist. Bargarh.
..... .... ..... Complainant.
-: V e r s u s :-
Magma HDI General Insurance Company ltd., represented through its General Manager, Unit No. 1B and 2B, 2nd Floor Equinox Business Part, Tower-3, LBS Marg Kurla(West) Mumbai-400070. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri S.C.Sarangi, Advocate with associates.
For the Opposite Party:- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.11/03/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is the owner of one Mahindra 475 DI Tractor of Red Color vide Regd. No. OD-17-G-8464 Engine No. KJJW00098 and Chassis No. KJJW00098. The Complainant being a farmer to avoid future complications has duly insured the tractor from the Opposite Party vide Policy No. P0223400002/4107/100328 of Dt. 26-05-2022. The said insurance was valid from dt.26-05-2022 to 27-05-2023. On dt.10-11-2022, at about 5 AM the Complainant's tractor was found missing and accordingly the Complainant Registered FIR vide Bheden P.S. Case No. 371 Dt.04-12-2022. The Complainant after losing hope of getting the said vehicle approached the Opposite Party on Dt. 22-01-2023 to given the claim amount of Rs. 5,00,000/-(Rupees five lakh)only and by showing the relevant documents but the Opposite Party denied to give the aforesaid claim. Being aggrieved by the act of the Opposite Party the Complainant filed this complaint before this Commission praying that Opposite Party be directed to give the entire claim amount to the tune of Rs. 5,00,000/-(Rupees five lakh)only and Rs. 50,000/-(Rupees fifty thousand)only towards compensation on account of mental agony and harassment and emotional distress suffered by the Complainant due to the negligent and unprofessional conduct and working of the officials of the Opposite Party.
2) The case of the Opposite Party is that the Opposite Party did not appear before this Commission. Hence Opposite Party is set ex-parte.
3) On perusal of the documents filed by the Complainant it reveals that the Complainant is the registered owner of vehicle bearing No. OD-17-G-8464 and insured with the Opposite Party bearing Policy No. P0223400002/4107/100328 valid till 27-05-2023. During the validity period of policy the aforesaid vehicle was stolen and for the said reason the Complainant lodged FIR vide No. 0371. The Complainant had paid Rs. 10,855/-(Rupees ten thousand eight hundred fifty five)only as premium to the Opposite Party, the IDV of the aforesaid vehicle being Rs. 2,82,679/-(Rupees two lakh eighty two thousand six hundred seventy nine)only.
4) The Opposite Party after due notice did not appear before this Commission and accordingly the present case is to be decided ex-parte against the Opposite Party. The Complainant has filed documentary evidence as well as P.W. in the form of Affidavit. Accordingly the allegation made in this complaint on record stands proved as those are neither rebutted not controverted.
5) The vehicle was stolen on dt. 10-11-2022 during the validity period of insurance and the Complainant lodged FIR, it is the duty of Opposite Party to settle the claim of the Complainant.
Non settlement of claim during the validity period of insurance amounts to deficiency in service on the part of the Opposite Party.
Accordingly it is ordered.
O R D E R
6) The Complaint is allowed ex-parte against the Opposite Party. The Opposite Party is directed to pay IDV of vehicle Rs. 2,82,679/-(Rupees two lakh eighty two thousand six hundred seventy nine)only along with Rs. 20,000/-(Rupees twenty thousand)only for mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant within one month of this Order, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
7) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.11/03/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
