IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of August, 2014
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member-I)
Smt. Sheela Jacob (Member-II)
C.C.No.90/2014 (Filed on 18.07.2014)
Between:
Babu. V.T,
Viji Bhavan,
Maroor P.O.,
Eanadimangalam Village,
Adoor Taluk.
(By Adv. K.J. Manu) …. Complainant
And:
The Manager,
Reliance General Insurance Co. Ltd.,
1st Floor, Kannanethu Estate,
Pathanamthitta. …. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant Sri. Babu, Biji Bhavan, Maroor, Adoor approached this Forum for getting a relief from the Forum against the opposite party.
2. Complainant’s case is that he is the owner of Honda CB Unicorn Motor Bike bearing Reg.No.KL-26 D-6475. The said Bike was insured with the opposite party for a period from 27.03.2013 to 26.03.2014 by paying Rs.1,258/-. On 04.12.2013 said bike caught fire and totally destroyed while it was parked in the car porch of the complainant’s house. Complainant filed a complaint regarding the incident before Enathu police and police prepared mahazar and registered a crime as No.1040/13.
3. Bike was totally destroyed and it was convinced to the police on 04.12.2013 itself complainant informed the incident to the opposite party. But opposite party has not taken any steps to appoint a surveyor to assess the loss and to pay the compensation as per the policy issued by them. Complainant’s bike was totally destroyed. Therefore opposite party is liable to pay the insured sum of Rs.64,126/-.
4. Complainant approached opposite party’s office several time but they have not taken any steps for redressing his grievance. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting the insured amount of Rs.64,126/- along with compensation of Rs.10,000/- and cost.
5. In this case, opposite party is exparte.
6. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?
7. The evidence of this case consists of the oral deposition of the complainant as PW1 and Ext.A1 to A3 documents. After closure of evidence, complainant was heard.
8. The Point:- Complainant’s allegation is that his bike bearing Reg.No.KL-26D/6474 was insured with the opposite party for the period of 27.03.2013 to 26.03.2014 by paying Rs.1,258/-. On 04.12.2013 said bike caught fire and totally destroyed. Matter was intimated to the opposite parties. But opposite parties did not appointed a surveyor to assess the loss or settled the claim in spite of the complainant’s demand and request for the same. The above said act of the opposite party is a clear deficiency in service and opposite party is liable to the complainant for the same. Therefore, the complainant prays for allowing this complaint.
9. In order to prove the case of the complainant, complainant was examined as PW1 and documents produced by him were marked as Ext.A1 to A3. Ext.A1 is the copy of the certificate of Registration of the complainant’s vehicle. Ext.A2 is the copy of the policy certificate in question. Ext.A3 is the copy of FIS & FIR in Crime No.1040/13 of Enathu Police Station in respect of the fire incident.
10. On the basis of the available materials and as per Ext.A2, it is seen that complainant had a valid policy at the time of the incident. From Ext.A3 it is seen that complainant informed the matter to the police and police registered a Crime on 04.12.2013. From the available materials on record including the insurance policy we are of the view that the case of the complainant is genuine and the insurance company is bound to indemnify the complainant’s loss as there is a valid policy. Since opposite party is exparte we find no reasons to disbelieve the complainant’s allegation against the opposite parties. Therefore, the complainant’s case stands proved as unchallenged. Hence we find that opposite parties are liable to the complainant for the non-settlement of the claim and therefore this complaint is allowable.
11. In the result, this complaint is allowed thereby the opposite party is directed to pay the insured’s declared value of Rs.64,126/- (Rupees Sixty Four Thousand one hundred and twenty six only) less admissible deductions as per the policy conditions along with compensation of Rs.5,000/- (Rupees Five Thousand only) and cost o Rs.1,000/- (Rupees One Thousand only) to the complainant within 15 days from the date of receipt of this order provided on surrendering the damaged vehicle and its registration certificate and connected documents to the opposite party and on production of the NOC of the financier of the vehicle in question, failing which the complainant is allowed to realize the whole amount ordered herein above with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 25th day of August, 2014.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Smt. Sheela Jacob (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : V.T. Babu
Exhibits marked on the side of the complainant:
A1 : Copy of the certificate of Registration of the complainant’s
vehicle.
A2 : Copy of the policy certificate.
A3 : Copy of FIS & FIR dated in Crime No.1040/13.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party : Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Babu. V.T, Viji Bhavan, Maroor P.O.,
Eanadimangalam Village, Adoor Taluk.
(2) The Manager, Reliance General Insurance Co. Ltd.,
1st Floor, Kannanethu Estate, Pathanamthitta.
(3) The Stock File.
