By. Sri. Jose. V. Thannikode, President:

The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get the accidental claim amount with interest and to get cost and compensation due to the deficiency of service.

2. Brief of the complaint:- Due to the heart stealing and persistent canvassing by the agents of the opposite parties, the complainant's vehicle KL 11 AE 8800 was insured with the opposite parties vide policy No. 2311200690307900001 for the period 17.03.2014 to 16.03.2015. The Policy was issued on 26.02.2014. The vehicle was transferred in the name of the complainant on 22.02.2014 with finance from H D F C Bank, Simax Tower, Kannur road, Nadakkav, Calicut. Formerly while the vehicle was in the ownership of Mr. P.N. Beeran Koya of Calicut it was insured with Oriental Insurance Company Calicut for the period 17.03.2013 to 16.03.2014. It was during this period the complainant purchased the vehicle, availing finance from H D F C Bank, Calicut. While completing the transfer formalities of the vehicle it was also due to the compulsion from the Opposite Party's Finance Agency new policy was also taken in the name of the complainant as stated above. The aforesaid vehicle met with an accident on 27.09.2014 at 11.35 p.m. near Karvar at Lolem area in the state of Goa. The matter was informed to the Opposite parties and the vehicle was surveyed by IRDA Certified Surveyor Mr. Sonu Kamath. The complainant though placed authenticated documents towards the claim for an amount of Rs. 2,60,853/- the opposite parties on 09.10.2014 furnished a letter stating that the complainant's claim has been closed as "No Claim" for the reason that the owner of the vehicle as per the registration certificate has not transferred the Policy to 2^nd owner name. In the letter dated 09.10.2014 the opposite parties shown the policy Number of the complainant's vehicle as 2311200690307900000. In the said notice dated 09.10.2014 the date of accident was mentioned as 30.01.2013. In the circumstances the complainant on 17.11.2014 caused a demand notice stating all these things and enclosing the copy of the claim repudiation letter dated 09.10.2014 with a true copy of R C and Policy. In response to the said demand notice the opposite parties had on 04.12.2014 caused a reply notice, wherein also the policy number is mentioned as 2311200690307900000. The deficiency of service of the opposite parties in the case is reached its zenith.

3. It is curious to note that the opposite parties never made mentioned anything about the policy (2311200690307900001) dated 26.02.2014 for the period 17.03.2014 to 16.03.2015 in the name of the complainant. Thus the intention of the opposite parties is against the spirit of consumer jurisprudence. The progress of the things and incidents in the case will speak itself the sheer negligence of the opposite parties in handling with the genuine claims. The complainant is aggrieved by the acts, inaction, deficiency of service, sheer negligence, etc., at the end of the opposite parties in processing the complainant's claim. The loss, inconveniences, and sufferings to the complainant could not actually be assessed in terms of money and it is practically incalculable. However for the sake of the adjudication of the present complaint the complainant limits his claim for the loss and inconveniences suffered by him to the tune of Rs.2,00,000/- along with the cost of the proceedings. Besides this the opposite parties are also liable to make good the claim amount of Rs.2,60,853/- along with interest at the rate of 12 % p.a. with effect from 27.09.2014. Hence prays for an Order directing the opposite parties to pay a sum of Rs.2,00,000/- towards the loss and inconveniences sufferings and also directing the opposite parties to pay the claim amount of Rs.2,60,853/-along with interest at the rate of 12 % p.a. with effect from 27.09.2014, to the complainant.

4. Notice served to opposite parties on 20.05.2015 and 21.05.2015 respectively but they have not appeared before the Forum and not filed version. Hence they were set ex-parte on 19.06.2015.

5. The complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A10 is marked. Ext.A1 is the copy of Registration Certificate. Ext.A2 is the copy of insurance Certificate in the name of complainant ie Mr. Muhammed Ali for the period 17.03.2014 to 16.03.2015. Ext.A3 is the Motor insurance certificate cum policy schedule in the name of Mr. P. N. Beeran Koya for the period 17.03.2013 to 16.03.2014. Ext.A4 is copy of Repudiation Letter dated 09.10.2014. Ext.A5 is the Copy of Lawyer Notice dated 17.11.2014. Ext.A6 is the Postal Receipt. Ext.A7 is the Acknowledgment Card. Ext.A8 is the Reply Notice dated 04.12.2014. Ext.A9 is the Copy of Bills. Ext.A10(1) to A10(4) are the Copy of Receipts.

7. On perusal of complaint and documents the Forum raised the following points for consideration:-

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

2. Relief and cost.

8. Point No.1:- On considering the complaint and on perusal of documents, we are in the opinion that the complaint can be believed in toto. The opposite parties have rejected the claim without rerifying the actual records and acutual accident date. It is a clear deficiency of service and unfair trade practice from the side of opposite parties. Hence the Point No.1 is found accordingly.

9. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to pay the claim amount with interest, cost and compensation and the complainant is entitled for the same.

In the result, the complaint is partly allowed and the opposite parties No.1 and 2 are jointly and severally directed to pay Rs.2,60,853/- (Rupees Two Lakh Sixty Thousand Eight Hundred and Fifty Three) with 12% interest from 27.09.2014 and also directed to pay Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum for whole amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 14^th day of July 2015.

Date of Filing:22.04.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Muhammed Ali (Affidavit). Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Copy of Registration Certificate.

A2. Copy of Insurance Certificate.

A3. Motor Insurance Certificate cum Policy Schedule. Dt:15.03.2013.

A4. Copy of Repudiation Letter. Dt:09.10.2014.

A5. Copy of Lawyer Notice. Dt:17.11.2014.

A6. Postal Receipt. Dt:19.11.2014.

A7. Acknowledgment Card.

A8. Reply Notice. Dt:04.12.2014.

A9. Copy of the Bills.(4 Pages).

A10. Copy of Customer Receipts.(4 Nos).

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-