ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                                       JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to pay Rs.90,737/- towards cost of the vehicle and pay Rs.1,10,000/- towards mental agony and compensation”.

            Brief fact of the case is that, the complainant is a senior citizen of village Tarikund which comes under this Commission. Complainant purchased one Activa 5G Scooty vide Regd. No.OD-21-L-2422, Engine No.JF92EW1015276, and Chassis No.ME4JF922MKW015358 from Kanchan Murali Honda who is opposite party No.1. As complainant has not sufficient money to purchase the vehicle, the opposite party No.2 L & T Finance Company financed the vehicle. The vehicle was insured on same day i.e. on 09.02.2020 through opposite party No.3 i.e. Reliance General Insurance on payment of Rs.5,455/- as premium and the insurance valid up to 08.02.2025. On 22.11.2020 somebody set fire on the vehicle in the premises of complainant at night and on 23.11.2020 complainant lodged FIR in Jagatsinghpur Police Station vide P.S. Case No.427/2020. Complainant intimated the matter to the opposite parties. On 15.3.2021 opposite party No.3 i.e. Reliance General Insurance replied to the complainant to queries and suggested to submit NOC, R.C. Cancellation letter and consent letter for closure of case record and to settle the claim. Complainant sent a pleader notice to the opposite party No.3 on 05.8.2022 by registered post but the opposite party did not settle the claim, hence this complaint.

            Complainant submitted following documents in support of the consumer complaint;

1. Purchased Slip
2. R.C. Book
3. Insurance Paper
4. FIR copy
5. Aadhaar Card
6. Photo of burning vehicle
7. Legal Notice copy & others.

Notice was issued to opposite parties. Opposite party No.1 set ex-parte vide order No.4 dt.03.01.2023.

Opposite party No.2 L & T Finance Ltd. stated that they have already settled the matter with the complainant and issued NOC in favour of the complainant on 27.12.2022.

Opposite party No.3 Reliance Insurance stated that they admitted that they have issued two wheeler policy bundled covering the policy bearing No.604322023750001227 in favour of the complainant Abdul Satar Khan covering the risk of his Honda Activa 5G DLX Ltd edition which was registered as and the risk of the vehicle was valid from 09.02.2020 to 08.02.2025 subject to certain terms and conditions of the insurance policy. That the IDV (insured declared value) and the sum insured for the said vehicle was for Rs.57,436/-.

It is a matter of fact that complainant insured his two wheeler vehicle with opposite party No.3 and the vehicle was damaged (set fire) during the insurance period.

Hence we direct that Opposite party No.3 shall pay the IDV i.e. insurance declared value of Rs.57,436/- (deducting depreciation if any) to the complainant within 30 days after receipt of NOC and R.C. cancellation certificate from the complainant. The opposite party No.3 is directed to pay Rs.2,000/- as mental agony and Rs.2,000/- as cost of litigation to the complainant. With the aforesaid observation and direction consumer complaint is disposed of.

    Pronounced in the open Commission on this 07^th July,2023.