CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 22^nd day of June 2013

Present: Smt. Seena.H.President,

: Smt Preetha.G.Nair, Member,

: Smt .Bhanumathi.A.K.Member Date of filing:04/02/13

C.C.29/13

Jayan.E.N,

S/o.E.R.Narayanan, : Complainant

Ushus Gardens, C.N.Puram Post,

Palakkad.

(Party in Person)

Vs

1.Manager,

Royal Sundaram Alliance Insurance,

Company Ltd., Sundaram Tower,

45 & 46, White Road, : Opposite Parties

Chennai- 600 014.

(By Adv.P.Prasad)

2.Regional Manager,

Indus Motors 12/130, Sulthanpet,

Coimbatore Road, Palakkad,

Pin- 678 001.

(By Adv.P.K.Aboobacker)

O R D E R

By.Smt. BHANUMATHI.A.K. MEMBER.

Facts of the case in brief:-

The complainant, a physically challenged person, has purchased a Maruthi Alto LXI Car Reg.No.KL-9AB 5889 from Indus Motors, Palakkad on 1/10/11 paying an amount of Rs.266541/-, and claimed for the 50% insurance concession for the physically handicapped and submitted the disability Certificate. As per this, Regional Transport Officer exempted him from the road tax. But Royal Sundram Insurance Company denied 50% of Insurance concession. When it is complained to the 2^nd opposite party they asked to give a complaint to the 1^st opposite party. So he complained with relevant documents to Palakkad executive and also mailed with the details of a same kind insurance claim made by another physically handicapped person Mr.Musthafa, Malappuram who got 50% insurance concession from National Insurance Company. But no reply received. When the complainant contacted Thrissur branch executive, they have contacted the Ernakulam branch and informed that he was not eligible for the concession. As the complainant contacted the Royal Sundaram's Chennai office, the complainant got a reply stating “ 50% discount can be given for physically handicapped person only if the vehicle is modified and the details are endorsed in the RC. The complainant has applied for endorsement in RC Book on 2/6/12 and endorsed on 10/10/12. During this period the complainant experienced many mental and physical pain. As a disabled person he can't travel alone to a long distance. So the complainant seeking an order directing the opposite party to refund the 50% (Rs.4500/-) of insurance amount, court expenses and Rs.94,500/- as compensation for mental agony and physical hardship.

Opposite parties entered appearance and filed version with the following.

1^st Opposite party admits that the complainant had availed a private car package policy with respect to Maruthi Alto LXI vehicle bearing Reg.No.KL09 AB5889 and the said policy was valid from the period 4.12.12 to 3-12-2013. 1^st opposite party denies that they have failed to give 50% discount on the motor own damage premium part of the policy as the complainant is disabled handicapped person. As per GR 33 under IMT 1^st opposite party gave the said discount to the complainant and the same is reflected in the policy schedule as the complainant got a discount of Rs. 2612.11.

“GR.33. Concession for Specially Designed/ Modified Vehicles for the Blind, Handicapped and Mentally Challenged persons.

In case of vehicles specially designed/ modified for use of blind, handicapped and mentally challenged persons, a discount of 50% may be allowed on the Own Damage Premium in respect of both privately owned vehicle and vehicles owned and used by institutions engaged exclusively in the services of the blind, handicapped and mentally challenged persons . The discount is to be allowed only in respect of such vehicles, which have been suitably endorsed in the Registration Certificate by the RTA concerned”.

There is no deficiency of service on the part of 1^st opposite party.

2^nd opposite party admit that the complainant had purchased a Maruthi Alto LXI car on 1/10/2011. Being a physically handicapped person the complainant sought 50% insurance concession which is to be given by the 1^st opposite party as per the rules and procedures. So the 2^nd opposite party had advised the complainant to approach 1^st opposite party. The allegation of the complainant is that even after producing all the relevant documents including the endorsement in the RC Book to the 1^st opposite party, they have not given the 50% discount. The complainant has no case that the 2^nd opposite party denied any of his right and no relief is claimed against the 2^nd opposite party.

There is no deficiency of service on the part of opposite parties and prayed for the dismissal of the complaint.

Both parties filed their affidavits and Ext.A1 to A15 and B1 to B5 marked.

Heard the matter.

Issues to be considered are:-

1. Whether there is any deficiency of service on the part of opposite parties?

2. If, so what is the relief and Cost?

   Issues I & II

The complainant, a physically challenged person with 40% disabilities, has purchased a Maruthi Alto LXI car Reg. No .KL-9 AB 5889 from the 2^nd opposite party on 1-10-11. These facts are evident from Ext.A2 and A1 documents respectively. The complainant claimed for 50% insurance concession for physically handicapped and submitted the disability certificate. Accordingly RTO exempted the complainant from road tax. But 1^st opposite party denied 50% of insurance concession stating the details of the modification of the vehicle is not endorsed in the RC book. It is evident from Ext.A8 series. As per the direction after making necessary modification in the vehicle the complainant has applied for endorsement in the RC book on 2/6/12 and endorsed the details in the RC book on 10/10/12. Ext.A4 shows that the complainant has paid an amount of Rs.8,961/- as total premium amount. He has not received any concession.

Opposite party contents that as per “ GR 33 the discount is to be allowed only in respect of such vehicles which have been suitably endorsed in the registration certificate by the RTA concerned”.

Complainant produced Ext.A5 -A7 documents . A6 document, RC book of Musthafa, a physically challenged person, shows that the date of issuance of the RC book is as 15-11-10. Ext. A5, the certificate of insurance from National Insurance Company Ltd shows that on 12-11-10 itself the discount for vehicles designed for handicapped was effected. That is before issuing the RC Book.

Complainant produced Ext.A15 document shows that the ICICI Lombard General Insurance Company Ltd has given concession to own damage part in the 1^st premium itself to one Mr.Unnikrishnan. According to the opposite party that policy is not binding upon this opposite party. Opposite party produced Ext.B4 and B5 documents shows that the discount is to be allowed only in respect of such vehicles which have been suitably endorsed in the registration certificate by the RTA concerned.

But all the insurance companies are functioning under IRDA guidelines and same set of rules. Under these circumstances the contention of the opposite party cannot be accepted. The complainant being a physically challenged person is eligible for getting 50% insurance concession.

There is no specific allegation against 2^nd opposite party and no relief is sought for.

From the above discussions we are of the view that there is deficiency of service on the part of 1^st opposite party.

In the result, complaint allowed. Ist opposite party is directed to refund the amount of Rs.4500/-( Four thousand and five hundred only ), the 50% of insurance amount which is paid by the complainant and Rs.3,000/-( three thousand only ) as compensation for mental agony and physical hardship along with Rs.1000/- ( Thousand only ) as cost of proceedings. 2^nd opposite party is exonerated from the liabilities.

Order shall be complied within one month from the date of receipt of order, failing which the whole amount shall carry interest @ 9% per annum from the date of order till realization.

Pronounced in the open court on this the 22^nd day of June, 2013.

Sd/-

Smt.Seena.H

President

Sd/-

Smt.Preetha.G.Nair,

Member

Sd/-

Smt.Bhanumathi.A.K.

Member.

APPENDIX

Exhibits marked on the side of the complainant.

Ext.A1. Copy of the tax vehicle invoice

Ext.A2.Copy of the certificate of Medical College, Hospital Trichur.

Ext.A3.Copy of the certificate of Registration

Ext.A4. Copy of the Certificate cum Policy Schedule Royal Sundaram Aliance Co.Ltd

Ext.A5 Copy of the Certificate cum Policy Schedule National Insurance Co.Ltd.

Ext.A6. Copy of the Certificate of Registration Kerala State Indian Union

Ext.A7.Copy of Identity card for persons with Disabilities.

Ext.A8.Copy of E-Mail & Letter details with Royal Sundaram

Ext.A9.Copy of the Judgement of Honourable High Cour of Kerala

Ext.A10. Copy of the Govt. Of India order No.RT-11017/07/2011-MVL

Ext.A11.Copy of the Car alteration Certificate

Ext.A12.Copy of the certificate of Perfect Vehicle Care Centre.

Ext.A13.Copy of the application for car alteration endorsed in Rc

Ext.A14 Photocopy of insurance policy of P.Unnikrishnan

Ext.A15 – Photocopy of Gazette Notification

Exhibits marked on the side of Opposite party

Ext.B1. Copy of letter sent by the complainant dated 21-12-2012

Ext.B2. Copy of the Policy

Ext.B3.Copy of the circular.

Ext.B4. Application filed right under Right to Information Act

Ext.B5. Reply notice of Trichur Divisional Office

Witness Examined on the side of the complainant

NIL

Witness examined on the side of the opposite party

Nil

Cost Allowed

Rs. 1000/- ( Rupees Thousand only ) allowed as cost of the proceedings.