Tamil Nadu

South Chennai

CC/207/2015

M/s.Chetan Anand - Complainant(s)

Versus

M/s.The Authorised Signatory, LNT General Insurance Company - Opp.Party(s)

Party in Persion

12 Nov 2018

ORDER

                                                                        Date of Filing  : 29.04.2015

                                                                          Date of Order : 12.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.207/2015

DATED THIS MONDAY THE 12^TH DAY OF NOVEMBER 2018

                                 

Chetan Anand,

Propietor of Anand Leather Company,

No.37/1, P. Srinivasa Apartments,

Mandapam Road,

Kilpauk Garden,

Chennai – 600 010.                                                      .. Complainant.                                                      

 

                                                                                             ..Versus.. 

The Authorised Signatory,

LNT General Insurance Company,

6^th Floor, A Wing KGN Tower,

No.62, Ethiraj Salai,

Egmore,

Chennai – 600 105.                                                    ..  Opposite party.

           

For complainant                  :  Party in person

Counsel for opposite party :  M/s. M.B. Gopalan & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party, under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.12,455/- with interest from 23.12.2014 to till the date of realization and to pay a sum of Rs.4,50,000/- towards compensation for mental agony and deficiency in service with cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is the owner of two cars bearing Registration Nos.TN 04 AA 3099 and TN 04 AC9733 are insured under policy No.915101002755440100 for the period from 21.12.2014 to 20.12.2015 and policy No.91501002781650100 for the period from 26.12.2014 to 25.12.2015 with the opposite party.   The complainant submits that he did not receive the policy document sent by courier vide AWB No.M592333 on 02.01.2015 as per the statement of the opposite party.  According to the statement, the opposite party sent the policy through courier Sri Chakra Transtech for the car No.TN 04 AC 9733 which was received on 28.04.2015 after 4 months of payment of premium.    The complainant went to the L & T office only for getting the policy.   During the lapse of 3 months period, the complainant called one Mr. Anand.  But there is no response.  The premium amount has been debited from the bank account.  The opposite party issued the policy belatedly.   The opposite party has not stated any reason for the inordinate delay in issuing the policy.   The act of the opposite party caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the vehicle Nos.TN 04AA 3099 and TN 04 AA 9733 have been duly insured by the opposite party under policy Nos.915101002755440100 for the period from 21.12.2014 to 20.12.2015 and Policy No.915101002781650100 for the period from 26.12.2014 to 25.12.2015 respectively.  The policy document along with welcome kit had been duly despatched to the complainant promptly. The Policy No.915101002755440100 for the car bearing Registration No.TN 04 AA 3099, the welcome kit including policy document was dispatched on 22.12.2014 and the same was delivered on 02.01.2015.  For the policy No.915101002781650100 of the car bearing Registration No.TN 04 AA 9733, the welcome kit including Policy document  dispatched on 29.12.2014 and delivered on 09.01.2015.  Further the opposite party states that there was no complaint or enquiry within 3 months from the date in insurance with regard to these policies.  The delivery of policy was confirmed by the courier also.  There is no deficiency in service on the part of the opposite party.  The compensation claimed is imaginary and exorbitant.   Therefore, the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite party.

 

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.12,455/-  paid towards insurance premium with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.4,50,000/- towards compensation for mental agony with cost of Rs.25,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard both sides.  Perused the records namely the complaint, written version, proof affidavits, documents etc. The complainant pleaded and contended that he is the owner of two cars bearing Registration Nos.TN 04 AA 3099 and TN 04 AC9733 are insured under policy No.915101002755440100 for the period from 21.12.2014 to 20.12.2015 and policy No.91501002781650100 for the period from 26.12.2014 to 25.12.2015 with the opposite party as per Ex.B1 & Ex.B2.   Further the contention of the complainant is that he did not receive the courier vide AWB No.M592333 on 02.01.2015 as per the statement of the opposite party.  According to the statement, the opposite party sent the policy through courier Sri Chakra Transtech for the car No.TN 04 AC 9733 which was received on 28.04.2015 after 4 months of payment of premium.   But the complainant has not produced any record to prove  that he received the courier only on 28.04.2015.  On the other hand, as per Ex.B3 the complainant received the policy and welcome kit on 02.01.2015 and 09.01.2015 respectively.  Further the contention of the complainant is that he went to the L & T office only for getting the policy.  During the lapse of 3 months period, the complainant called one Mr. Anand.  But there is no response.  The premium amount has been debited from the bank account is not denied.  The belated issue of policy caused great inconvenience.   The opposite party has not stated any reason for the inordinate delay in issuing the policy which amounts to deficiency in service.  But as per Ex.B3, the policy and welcome kits were despatched and delivered within the reasonable time.   Hence, there is no deficiency in service.    Mere visitors pass  shall not prove the alleged purpose of the collection of policy.   But it is very clear that after due payment of Rs.8,110/- & Rs.4,345/- = Rs.12,455/- to the opposite party and after receiving the Policy Certificate, the complainant is claiming refund of a sum of Rs.12,455/- with interest towards insurance premium and compensation of Rs.4,50,000/- towards mental agony and cost of Rs.25,000/- is unsustainable.

6.     The contention of the opposite party is that the vehicle Nos.TN 04AA 3099 and TN 04 AA 9733 have been duly insured by the opposite party under policy Nos.915101002755440100 for the period from 21.12.2014 to 20.12.2015 and Policy No.915101002781650100 for the period from 26.12.2014 to 25.12.2015 respectively.  The policy document along with welcome kit had been duly despatched to the complainant promptly.    The Policy No.915101002755440100 for the car bearing Registration No.TN 04 AA 3099, the welcome kit including policy document was  dispatched on 22.12.2014 and the same was delivered on 02.01.2015 as per Ex.B3.  For the policy No.915101002781650100  for the car bearing Registration No.TN 04 AA 9733, the welcome kit including Policy document  dispatched on 29.12.2014 and delivered on 09.01.2015 as per Ex.B3.  But the opposite party has not filed any document to prove the receipt of acknowledgment.  Further the contention of the opposite party is that there was no complaint or enquiry within 3 months from the date in insurance with regard to these policies.  The  delivery of policy was confirmed by the courier also.  This complaint is filed in the year 2016 after the expiry of the policy.  There is no deficiency in service on the part of the opposite party.  The compensation claimed is imaginary and exorbitant.  Considering the facts and circumstances of the case, this Forum is of the considered view that there is no deficiency in service on the part of the opposite party and the complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	02.01.2015	Copy of Bank Statement
Ex.A2	15.04.2015	Copy of visitor Pass / Contractor Pass issued by the opposite party
Ex.A3		Copy of two cars R.C. papers
Ex.A4		Copy of complainant’s Passport

 

OPPOSITE  PARTY SIDE DOCUMENTS: 

Ex.B1	19.12.2014	Copy of Insurance Policy Schedule
Ex.B2	26.12.2014	Copy of Insurance Policy Schedule
Ex.B3	19.04.2016	Copy of letter from courier confirming delivery and inability to provide receipt

 

 

 

MEMBER –I                                                                      PRESIDENT