By Sri. Mohammed Musthafa Koothradan, Member

1. Complainant is the registered owner of a Motor bike bearing the registered number KL-10Y-2310. The Motor bike was insured with opposite party No.2’s office at Manjeri and the policy number was 2006/26841 for a period of 22-3-2006 to 21-3-2007. On 19-9-2006 the Motor bike was parked in a petrol pumb at Edappal and the complainant went to Thrissur. When he came back at 6ºClock in the evening the motor bike was not there. The complainant made a personal enquiry for the motor bike including the hire purchase office but not use. Then on 29-9-2006 the complainant reported the matter before Chamgaramkulam Police and the First Information Report was registered as crime No.333/06. Then the complainant reported the missing of bike before the second opposite party’s office at Manjeri and produced all documents. Then many times the complainant approached the second opposite party’s office for the claim, but opposite parties repudiated the claim without valid reasons. Opposite party No.1 is the head office at Delhi and opposite party No.2 is the branch office at Manjeri. Hence this complaint alleging deficiency of service on the side of opposite parties.

2. After receiving the notice opposite parties are appeared and filed version and affidavit. In the version and affidavit the opposite parties admitting the valid insurance policy during the period of 22-3-2006 to 21-3-2007. The opposite party is denying the liability due tot he violation of policy conditions. The violation means the complainant failed to inform the missing of bike within the time. For supporting their version and affidavit the opposite parties produced three documents and these are marked as Ext.B1 to B3. Among these, Ext.B2 is a letter given by the complainant to the second opposite party’s office. In this letter complainant admitting his delay for reporting the matter before opposite party’s office. There is a violation of policy condition so opposite parties pray to dismiss the complaint with their cost.

3. Evidence consist of the affidavit filed by the complainant and documents produced. That are marked as Ext.A1 to A6. Opposite parties filed counter affidavit with documents which are marked as Ext.B1 to B3. Both sides has not adduced oral evidence.

4. Following points are ought to be considered:-

(a) Whether opposite parties have any deficiency of service.

(b) If so what are the reliefs and costs.

 

5. Point (a):-

Opposite party admits that the motor bike KL-10Y 2310 had valid insurance policy from 22-3-2006 to 21-3-2007. The policy number is 2006/24481. That means there is no dispute upon the valid policy at the time of missing the Motor bike. Moreover the registration certificate and insurance policy, Tax etc. are in the name of complainant. The only dispute raised by the opposite parties are the delay to reporting the matter before the opposite party No.2. Even though the complainant stated in Ext.B2 about the delay of reporting before opposite parties, he had report he matter before Changaramkulam police in time. Ext.A2 shows Changaramkulam Police registered the crime on 26-9-2006 and referred the matter on 11-7-2007. So we are the opinion that the time of investigation can excuse from calculating the delay. So the delay for reporting is not admisable one. In this circumstances the opposite parties arguments are not acceptable. There is not a violation of policy conditions. The opposite parties did not raised any other reasons other than the above for dishonour of claim. So there is a deficiency of service on the part of opposite parties.

6. Point (b):-

Complainant claims Rs.29,060/- under the policy, Rs.25,000/- as compensation and Rs.10,000/- as costs. As per Ext.A3 I.D.V. Of the motor bike is Rs.29,060/-. In our opinion the complainant is entitled to get this I.D.V. Amount Rs.29,060/- with an interest of 6% per annum. The rate of interest can calculate from the date of complaint till realisation together with a costs of Rs.1,000/-. There is no necessity to give compensation for the interest of justice.

7. In the result we allow the complaint and order oppsoite parties to jointly and severally pay Rs.29,060/- (Rupees Twenty nine thousand and sixty ) to the complainant along with interest @ 6% per annum from the date of the complaint till the payment together with costs of Rs.1,000/- (Rupees One thousand only) within one month from the date of receipt of copy of this order.

Dated this 4th day of February, 2010.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A6

Ext.A1 : Photo copy of the registration certificate of vehicle No.KL10 Y-2310

Ext.A2 : First Information Report dated, 26-9-2006 prepared by K. Sudhakaran,

S.I. Of Police, Changaramkulam.

Ext.A3 : Policy Schedule given by opposite party to complainant.

Ext.A4 : Notice to Informants from Sub Inspector of Police, Changaramkulam to complainant.

Ext.A5 : Repudiation letter dated, 17-9-2007 from opposite party to complainant.

Ext.A6 : Repudiation letter dated, 17-10-2007 from opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Ext.B1 to B3

Ext.B1 : Policy Schedule with terms and conditions given by opposite party to complainant.

Ext.B2 : Request dated, 17-9-2007 from complainant to opposite party.

Ext.B3 : Request dated, 08-10-2007 from complainant to opposite party

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER