By Sri. Jose. V. Thannikode, President:

The complaint filed by the Complainant under section 12 of the Consumer Protection Act against Opposite Party to get the insurance claim for the damage of the vehicle which caused due to an accident.

2. Brief of the complaint: The Complainant insured his vehicle bearing No.KL 12 D 6129 with the Opposite Party's on full cover basis after remitting Rs.5,665/- before the 1^st Opposite Party and got the insurance certificate.

3. While so on 22.2.2013 the said vehicle met with an accident with another vehicle and caused services damages to his vehicle. So the Complainant entrusted the vehicle to TATA service at Mysore and at that day itself the Complainant intimated the same and requested to Opposite party. Thereafter the Opposite parties came to the work shop and taken the estimate and received the quotation from the workshop.

4. After 10 days the Complainant received a letter from the Opposite Parties repudiated the claim stating the reason that the said vehicle availed the claim in the last year and it was not intimated to the Opposite parties while taking the policy and since the Complainant could not remitted the actual premium the policy cover is not existing.

5. But the Complainant stated that all the history of the vehicle is given to 1^st Opposite Party and all the papers and application are filled by the PW1 and the Complainant only signed the papers and further stated that if the Opposite party's verify the default of the premium defects in the computer it could have noticed the issues.

6. Now days the insurance company's are fighting each other and after received and losses amount the customer and attracting the customers there by cheating customers and further stated that the above act of the Opposite Parties are deficiency of service from the side of Opposite Parties and hence prayed before the Forum to direct the Opposite Parties to pay Rs.58,206/- which is spend for the repair of the vehicle and to pay Rs.50,000/- for the mental agony caused to the Complainant and to pay Rs.10,000/- as cost of the proceedings.

7. Notices were serviced to Opposite parties and 2^nd Opposite Party entered appearance and filed version. Opposite party's notice served on 15.10.2013 but not appeared and not filed version. Hence 1^st Opposite Party set exparte on 19.12.2013. In the version of Opposite party he stated that “The averments in the petition is totally denied except admitted hereunder. He admits that the Complainant taken a policy for his TATA Indica Car bearing No.KL12/D 6129 from the Opposite Parties on 23.02.2013 and paid the full cover insurance Rs.5,665/- before the first Opposite party and issued the certificate of insurance. The second Opposite party issued the policy as per the proposal form. The proposal form filled and submitted by the Complainant. The Complainant is ulterior motive with falsely submitted the declaration.

8. The proposal form sentence rewrites:- “I/We hereby declare that the rate of NCB claimed by me/us is correct and that no claim has arisen in the expiring policy period (copy of policy enclosed) I/We further undertake that if this declaration is found incorrect, all benefits under the policy in respect of section 1 of the policy will stand forfeited”.

9. This is clear violation of policy conditions by the Complainant had misrepresented material facts related NCB clause, due to wrong declaration and violation of NCB clause, so the claim is not admissible under the policy as per the terms and conditions. So this second Opposite Party is no liability to pay the repair bill of the Complainant's vehicle. Second Opposite party is the one of the leading insurance company in India, there is no other complainants before this forum or anywhere. The IRDA terms and regulations are following this insurance company. According to the 2^nd Opposite Party there is no deficiency in service on the part of this Opposite party in the above case. Hence prayed before the Forum to dismissed the complaint with compensatory cost to this Opposite party.

10. The Complainant filed proof affidavit and states as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 is marked. Opposite Party has not adduced any oral evidence but Ext.B1 is marked from the side of 2^nd Opposite Party. Ext.A1 is the policy certificate wherein in the 13^th page seems “sub confirmation of NCB declaration NCB % applied on the policy 20%. Ext.A2 is the Tax invoice. Ext.A3 is the certificate issued by the Station House officer Sulthan Bathery regarding the accident for the vehicle bearing No.KL12 D 6129 at Kolagappara on 22.02.2013 at about 1.15 pm. Ext.B1 is the proposal form where is stated that “ I/We hereby declare that the rate of NCB claimed by me /us is correct and that NO claim has arisen in the expiring period (Copy of policy enclosed). I/We further undertakes that if this declaration is found incorrect, all benefits under the policy in respect of section 1 of the policy will stand forfeited.

11. I/We hereby declare that the statements made by me/us in this proposal form are true and complete in all respects to the best of my/our knowledge and belief and that there is no other information, which is relevant to my application for insurance that has not been disclosed to you. I/We hereby agree that statements made by me and this declaration shall form the basis of the contract between me/us and SBI General Insurance Company Limited (SBI General) and I/We agree to accept a policy, subject to the conditions prescribed by SBI General and to pay premium on the amount estimated I/We undertake to exercise all ordinary and reasonable precautions for safety of the property as if it were uninsured. I/We understand that the policy issued by the company shall be voidable at the option of the company in the event of any mis-representation, mis-description or non-disclosure/concealing of any material particulars by me/us. My/our failure to comply with this obligation now may result in the rejection of my/our claim and the avoidance of my/our policy when a claim is made. I/We hereby undertake that if any additions/alterations are carried out in the risk proposed after the submission of this proposal form then the same shall be conveyed to SBI General immediately by me/us. I/We understand that SBI General is under no obligation to accept my/our proposal for insurance and the liability of SBI General does not commence on the receipt of this proposal by SBI General and it does not result in a concluded contract of insurance until the proposal has been accepted by SBI General and upon full realization of the premium by SBI General. If SBI General does not accept this proposal, it will inform me/us and refund any payment received from me/us without interest. I/We hereby give my/our consent to SBI General that it can disclose/use/handle, directly or through a third party, the information (including the sensitive personal data or information, if any) provided in this proposal Form, whereas I/We have the option not to provide this consent or withdraw it at a later stage, for the purpose of and in relation to the insurance coverage and benefits requested by me/us”.

12. On analysing the complaint, version, affidavit and documents produced the forum framed the following issues for consideration.

1. Is there any deficiency in service from the part of Opposite parties?

2. Relief and cost.

13. Point No.1:- Anyway the Opposite party has admitted that the Complainant taken a policy for his vehicle but the Complainant is ulterior motives with falsely submitted the NCB declaration and he under took that if this declaration is found incorrect, all benefits under the policy in respect of section 1 of the policy will stand forfeited.

14. But the Complainant submitted and deposed before the Forum that all the facts regarding the previous policy and claim is clearly explained to 1^st Opposite Party and 1^st Opposite party has filled up the proposal form and asked to put the signature wherever it requires and paid the premium which is asked by the 1^st Opposite Party. But the 1^st Opposite party has not came before the Forum and not denied the allegation of the Complainant.

15. Hence we are in the opinion that the 1^st Opposite party has suppressed the fact before the Insurance Company and hence 1^st Opposite Party is held liable for all the consequences caused thereafter. Hence the point No.1 is found accordingly.

16. Point No.2:- Since the point No.1 is found against 1^st Opposite Party he is held liable for all the losses caused to the Complainant due the accident of the insured vehicle and Complainant is entitled for the same. The point No.2 is found accordingly.

In the result, the complaint is partly allowed and 1^st Opposite Party is directed to pay Rs.58,206/-( Rupees Fifty Eight thousand Two hundred and Six) only which is incurred for the accident repair and Rs.5,000/- (Rupees Five thousand) only as compensation and Rs.3,000/- (Rupees Three thousand) only as cost of this proceedings to the Complainant. The 1^st Opposite Party should comply the order within One month from the date of receipt of this order. Thereafter the Complainant is entitled for an interest at the rate of 18% per annum for whole the amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30^th day of January 2015 .

Date of Filing: 13.08.2013.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Johny Thomas. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Copy of Letter. dt:23.02.2013.­

A2. Tax Invoice.

A3. Certificate. dt:24.02.2013.

Exhibits for the opposite Parties.

B1. Copy of Insurance Proposal Form. dt:17.02.2013.