BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 20 of 2016

Ali Ahmed Barbhuiya,

Vill- Jamalpur, P.O- Bhaga Bazar, Davidsonabad

P.S- Dholai, Dist- Cachar, Assam …………..…………………………………              Complainant.          

                                                            -V/S-

            1.         The Oriental Insurance Co. Ltd.

                        (Represented by its Divisional Manager,

                        Town Club Building, PWD Road, Silchar-1.                                         Opp. Party

Present: -                                Sri BishnuDebnath,                                              President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

Mrs. ChandanaPurkayastha,                                 Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

                                                             Shri Kamal Kumar Sarda,                                     Member,

                                                             District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared :-                 Marium Jublee Laskar, Advocate for the complainant.

                                                 Ranjana Hore,, Advocate for the O.P.

                          Date of evidence………………………………          03-02-2017, 13-04-2017, 04-09-2017

                         Date of written argument……………………            30-01-2018, 07-03-2018

                          Date of judgment……………………………            24-04-2018

JUDGMENT AND ORDER

                                          (Sri Bishnu Debnath)

1. Ali Ahmed Barbhuiya brought this complaint under the provision of the Consumer Protection Act 1986 against the Oriental Insurance Co. Ltd. for award to receive sum assured of the stolen insured vehicle bearing Registration No. AS-11/AC-0496.

    

2. He brought the following fact to get the relief as stated in the complaint:-He was owner of a Bajaj RE Diesel Auto bearing Registration No. AS-11/AC-0496. The said Auto was under coverage of Insurance with the Oriental Insurance Co. Ltd. for the period from 17-09-2013 to 16 -09-2014 vide policy No. 322600/31/2014/3159. But on 02-10-2013 it has been stolen away from the house of Md. Baharul Islam (Hussain) of Bongram  Bhagabazar. Formal FIR lodged and O/C Dholai P/S submitted FR because the vehicle was not recovered. The said FR has been accepted by the SDJM, Silchar vide order dated 22-09-2014. Accordingly, the claim submitted but the O.P repudiated the claim vide letter dated 07-09-2015 on the plea that at the time of alleged theft there was no renewal of permit and fitness of the vehicle.

3. The O.P in the W/S stated inter-alia that the complainant sold the vehicle at the time of alleged date of stolen of the vehicle and when insurance certificate was issued, a condition was given that the risk of the vehicle was under coverage of insurance policy subject to renewal of permit and fitness of the vehicle etc. But the complainant did not renew the permit and fitness for which claim has been repudiated.

    

4. During hearing the complainant deposed on oath and exhibited relevant documents. The O.P also examined Sri Subha Sundar Dutta choudhury as DW and exhibited documents including insurance policy, FIR, FR etc. The O.P also examined Sri A. Bhu Chandra Singha, the investigator of the O.P and exhibited his report. After closing evidence both sides’ counsels submitted their written argument but none has orally argued the case.

    

5. In this case from the evidence on record and perusal of FIR. FIR and order of the SDJM, Silchar vide Ext-C, Ext-D and Ext-E it is crystal clear that the aforesaid vehicle has been stolen away on 02-10-2013 from the house of Baharul Islam (Hussain) Son of Md. Makabbir Ali of Vill. Bongram, Dholai which it was under coverage of insurance for the period from 17-09-2013 to 16-09-2014 vide Ext-A. It is also clear from the evidence on record that at the time of theft, there was no renewal of permit and fitness of the vehicle. But the complainant deposed that the vehicle was not plying on the public road at the relevant period rather kept idle some period due to non-renewal of permit and fitness of the vehicle. The said fact has not been disproved by the O.P by adducing any convincing evidence. That is why, it is concluded that at the time of theft the vehicle was kept idle. But at the same time it is made out from evidence on record that the temporary permit was expired on 23-05-2011 but Insurance Certificate issued by the O.P knowingly the said fact of expiry date for a period from 17-09-2013 to 16-09-2014. That is why, now the insurance company is notjustified to repudiate the claim on the ground of non-renewal of the permit etc.

6. Moreover, permit and fitness of the vehicle are required only when the vehicle is plying on the public road. But as per evidence on record the vehicle was stolen when the vehicle was kept idle for considerable period till date of theft.

7. Hence, in my considered view repudiation of the claim is not justified. Thus, the O.P is directed to pay sum assured of Rs.60,000/-(Rupees sixty thousand)subject to deduction of depreciation as per rule and also asked to pay cost of the proceeding of Rs.2,000/- (Rupees twenty thousand)only. The O.P is asked to pay the awarded amount within 45 days from today. If default, interest to be added @ 10% per annum on the awarded amount w.e.f. the date of defaulter.

8. Supply free certified copy of judgment to the parties. Given under my hand and seal of the count on this the 24^th day of April,2018