SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019, seeking direction against the OPs to pay Rs.15771/- which was paid by the complainant towards the damage sustained and Rs.20,000/- as compensation for mental agony.
Complaint in brief :-
On 22/11/2023, complainant’s vehicle met with an accident due to the rash and negligence of some other person and thereby complainant sustained damage of his vehicle worth Rs.15,771/-. The insurance company paid only Rs.6231.60/- and the complainant enquired with OPs and they neglected to provide proper service and hence this complaint.
After filing the complaint, commission sent notice to both OPs and the notice was deemed as duly served to OPs. The OPs are not appeared before the commission and not filed any version . Ultimately the commission had to held that the OPs have no version as such in this case came to be proceed against the OPs are set exparte.
Even though, the opposite parties have remained ex-parte, it is for the complainant to establish the allegation made by him against the OPs. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents marking as Ext.A1 to A4. Ext.A1 is the policy certificate issued by 2nd OP, Ext.A2 is the cash bill issued by Sankeerth TVS dtd.8/12/2023, Ext.A3 is the copy of RC and Ext.A4 is the copy of driving license. Complainant was examined as PW1. So the OPs remained absent in this case. At the end the commission heard the case on merits.
Being OPs exparte, the commission called for the evidence from the complainant to establish his case. Accordingly, complainant produced Ext.A1 the insurance policy certificate issued by 2nd OP. On the perusal of Ext.A1, it is seen that the validity of the policy expires on 12/2/2024 and the accident of the vehicle occurred on 22/11/2023 and hence the 2nd OP is liable to compensate the damage sustained by the complainant as the policy coverage exist. According to Ext.A2 complainant paid an amount of Rs.15771/- for the damage to the accident. The complainant clearly admits that he received an amount of Rs.6231/- from 2nd OP from the bank statement produced by the complainant. At the time of accident complainant has valid driving license as per Ext.A4. As per Ext.A1, it is apparent that the complainant paid an amount of Rs.8883/- including own damage liability premium. Hence the commission came into a conclusion that 2nd OP is liable to pay Rs.9540/- to the complainant after deducting Rs.6231/- which was paid by 2nd OP. The complainant is entitled to get the full amount stated in Ext.A2 and the complainant already received Rs.6231/- out of Rs.15771/-. Hence the 2nd OP is liable to get Rs.9540/- and also entitled to get compensation and cost.
In the result the complaint is allowed in part. The 2nd opposite party is directed to pay Rs.9540/- which was the balance amount as per Ext.A2 and also pay Rs.5000/- as compensation and Rs.3000/- as cost of litigation to the complainant within 30 days from the date of receipt of this order . In default Rs.9540/- carries interest @7% per annum from the date of order till realization, failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1-Policy certificate
A2- Tax invoice
A3-Copy of RC
A4- Copy of driving license
PW1-Sayed Puthiyapurayil-complainant.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
