IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 29th day of July, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 162/2021 (filed on 27-08-2021)
Petitioner : Pushpa Paulose,
Kanjirapparayil House,
Ramapuram Bazar,
Ramapuram village,
Meenachil.
(Adv. Joseph T. John)
Vs.
Opposite Party : Neethu Arunkumar,
W/o. Arunkumar,
Anju Nivas,
Velloorkunnam P.O.
Moovattupuzha,
Ernakulam.
O R D E R
Sri. K.M. Anto, Member
The case is filed under Section 35 of the Consumer Protection Act, 2019.
The brief of the complaint is as follows.
The complainant is the owner of Toyota Innova Car with Reg. No.KL-67 A -2121. The complainant had given Rs.27,000/- on 06-03-2019 and Rs.11,300/- on 21-03-2019 to the opposite party for taking insurance for the vehicle KL-67-A-2121. The opposite party took the insurance policy on 10-03-2019 from the New India Assurance Company and had given the policy certificate with certificate No.76160031180300028536 to the complainant. Thus the complainant is a consumer of the opposite party. The opposite party had made the complainant believe that the insurance certificate is the genuine policy certificate issued by the New India Assurance Company. The complainant was using the vehicle on road with this insurance certificate. But the opposite party had given a Cheque to the insurance company for getting the insurance certificate and the insurance company issued the policy certificate on condition that if the Cheque is dishonored the policy will lapse automatically. The Cheque issued by the opposite party got dishonored and the policy was cancelled by the insurance company. But this was not informed to the complainant by opposite party.
On 27-03-2019 the vehicle was involved in an accident and was taken to the authorized service center of Toyota Innova Car at Pala for repair works. For getting the insurance claim, the complainant approached the New India Assurance Company. The insurance company then informed the complainant that the issued policy with No.76160031180300028536 was cancelled as the Cheque got dishonored. The complainant had to pay Rs.3,34,700/- for repair of the vehicle. If the money given to the opposite party was duly paid to the insurance company, the complainant would be eligible for getting about 3 lakhs rupees as insurance claim. The opposite party failed to remit the money given for taking the insurance to the New India Assurance Company and the complainant lost the insurance for the period from 10-03-2019 to 09-01-2020. The opposite party on getting the money from the complainant issued a Cheque to the insurance company. The Cheque got dishonored and the issued insurance policy was automatically got cancelled. This act of the opposite party is unfair trade practice. Hence this complaint.
On admission of the complaint, copy of the complaint was duly served to the opposite party. The opposite party failed to file their version or to appear before the Commission to defend their case. The opposite party was set exparte.
The complainant filed proof affidavit and marked documents Exts.A1 to Ext.A7.
On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether the complainant is a consumer of the opposite party?
- Whether there is unfair trade practice on the part of the opposite party?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 2 and 3 together.
Ongoing through complaint, proof affidavit of the complainant and evidence on record, it clear that the complainant is the owner of Toyota Innova Car with Reg. No.KL-67A-2121. New India Assurance Company issued insurance policy with certificate No.7616003180300028536 on 10-03-2019 with period of insurance 10-03-2019 to 09-03-2020. The vehicle was involved in an accident on 27-03-2019 and the vehicle was taken to the authorized service center at Pala for repair works. The complainant approached the insurance company for getting the insurance claim. Then the complainant was informed that the policy was cancelled as the Cheque issued for the premium was dishonored. The complainant had payed Rs.3,34,700/- for repair of the vehicle. Ext.A1 is the policy schedule cum certificate of insurance issued by the New India Assurance Company with policy No.76160031180300028536 issued to the complainant for the vehicle KL-67-A-2121 having insurance for the period from 10-03-2019 to 09-03-2020. In Ext.A1 policy certificate it is clearly stated that in case of dishonor of the premium Cheque, this document stands automatically cancelled ab-initio. In Ext.A1, the opposite party is given as the agent. Ext.A2 is the bill issued by the Nippon Motor Corporation Pvt. Ltd. Pala dated 30-04-2019 for an amount of Rs.3,34,700/- towards the repair work of the vehicle KL-67A-2121.
Ext.A5 is the legal notice served to the opposite party by the complainant dated 09-12-2020. In Ext.A5 legal notice, it is stated that complainant had payed Rs.38,300/- to the account of Arunkumar, husband of the opposite party on 06-03-2019 and 21-03-2019 through Cheque number 638182, 608038. But the opposite party had issued a Cheque without having sufficient fund in the account to the insurance company for taking the insurance certificate.
From the above discussed findings, there is no evidence to show that the complainant had given Rs.38,300/- to the opposite party. Eventhough, it is stated in the legal notice that money was payed to the account of the husband of the opposite party vide Cheque No.638182, 608038, no document is produced with respect these two cheques. The complainant had failed to establish that he is a consumer of the opposite party.
The complainant stated that the insurance policy was cancelled automatically as the Cheque got dishonored. There is no evidence before us to see that the Cheque issued by the opposite party was dishonored.
From the above discussed findings, the complainant had failed to prove he is a consumer of the opposite party and to prove unfair trade practice on the part of the opposite party. The case is dismissed.
Pronounced in the Open Commission on this the 29th day of July, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of certificate of insurance
A2 – Copy of invoices issued by opposite party
A3 – Quick renewal (customer ID PO67456893)
A4 – Copy of letter by petitioner to opposite party
A5 – Copy of legal notice dtd.09-12-2020
A6 – Postal receipt
A7 – Postal AD card
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
