DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 16th day of February, 2023
Filed on: 01/02/2021
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member
Smt.Sreevidhia.T.N Member
CC NO.57/2021
Between
COMPLAINANT
Bini P. Philip, W/o. Eldho M. Kuriakose, Mammalayil House, Ezhakkaranad P.O., Puthencruze (Via.), Maneed Village, Ernakulam, PIN 682308
(Rep. by Adv. M. Paul Varghese, Lawyers Associates, Kalyan Chambers, Chittoor Road, Ernakulam South, Kochi 682016)
VS
OPPOSITE PARTIES
1. Royal Sundaram General Insurance Co. Ltd., Vishranthi Melaram Towers, No. 2/319, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai 600002. Rep. by its Managing Director.
2. Royal Sundaram General Insurance Co. Ltd., Door No. 1541/386 F, Radhakrishna Building, Kadappakkada, CZ-Kollam, Kollam 691008. Rep. by its Authorised Officer.
(OP No. 1& 2 Rep. by Adv. Jacob Mathew P., Mathews Jacobs Associates)
FINAL ORDER
V. Ramachandran, Member:
The complaint was filed under section 12 (1) of the Consumer Protection Act, 1986. The complainant is a registered owner of Mahindra Blazo 37 Pusher 10X2 6C CR3 Multi Axle Goods Vehicle with Registration No. KL 17-T1045. Opposite parties are the insurance company registered as Royal Sundaram General Insurance Co. Ltd. The complainant had insured the aforesaid vehicle with the opposite party. The complainant’s vehicle met with an accident at Ponnani on 03/10/2020 causing damage to an electric post and connections managed by the Kerala State Electricity Board, Ponnani. The accident was informed to the opposite parties but there was no response. The complainant paid a sum of Rs.18,018/- to K.S.E.B., Ponnani for rectification of damage caused to the electric post. The complainant states that they sent a notice by registered post to the opposite parties requesting to refund the amount of Rs.18,018/- to the complainant along with Utilization Certificate issued by the authorities of K.S.E.B. The complainant further states that the opposite parties are liable to pay the amount to the complainant under the heading ‘B-Liability’ which specifically mentioned that the ‘basic premium including premium for TPPD’ is Rs.43,037/-. Since the opposite parties had not paid the amount, the complainant approached this Commission seeking relief of getting the amount of Rs.18,018/- paid by the complainant along with other reliefs.
Upon notice from this Commission opposite parties No. 1 & 2 appeared and filed their joint version.
In the version the opposite parties alleged that they are not liable to pay the amount mainly due to the following reasons. It is proved that the vehicle KL-17-T-1045 Heavy Goods Vehicle met with road accident on 03/10/2020 was insured with the opposite parties for the period from 08/01/2020 to 07/01/2021. The complainant has not informed the alleged accident along with necessary documents including licence and badge of driver for verification to the opposite parties in time. Secondly the amount was paid by the complainant directly to K.S.E.B. and the amount of Rs.18,018/- has been worked out and paid by the complainant himself without the knowledge of the opposite parties. Non-furnishing of timely intimation to the opposite parties is very clear violation of the Policy Conditions and the opposite parties was intimated about the accident happened on 03/10/2020 only on 09/11/2020. Further and above all this, the case is to be dealt with before the Motor Accident Claims Tribunal by K.S.E.B. as the damage was caused in an accident arising out of the vehicle to electric post. These are the main contentions taken by the opposite parties.
The complainant filed proof affidavit along with 12 documents which are marked as Exbt. A1 to A12. Exbt. A1 is the copy of Certificate of Insurance, Exbt. A2 is Copy of RC Book, Exbt. A3 is copy of Authorization Certificate, Exbt. A4 is copy of National Permit for Goods Carriage, Exbt. A5 is copy of Certificate of Fitness, Exbt. A6 is receipt issued by K.S.E.B., Exbt. A7 is copy of letter received from K.S.E.B., Exbt. A8 is the copy of letter issued to the opposite parties, Exbt. A9 is copy of postal receipt, Exbt. A10 is copy of postal receipt, Exbt. A11 is track consignment and Exbt. A12 is track consignment.
There is no oral or other evidence from either side. On verification of all documents produced by the complainant and also on going through the allegation and contention taken by either side the following points are verified.
i. Whether the complainant has proved that there was any deficiency in service on the part of the opposite parties as alleged in the complaint?
ii. If so whether the complainant is entitled to get any compensation from the opposite parties and the quantum of compensation entitled for the complainant?
iii. Reliefs and costs?
Since the complainant paid the amount directly to K.S.E.B. without waiting for intimation and obtaining direction from the opposite parties which is a very clear instance of violation of existing condition and terms entered into between the complainant and opposite party. Moreover necessary documents were not produced by the complainant before the opposite parties in time which could also have not been proved with any documents by the complainant. The complainant could not have established deficiency in service from the side of opposite parties. Better option to approach MACT before the complainant as alleged by the opposite parties also have not been utilised by the complainant. Hence there is no merit in the complaint is only fit for dismissal and therefore dismissed.
Pronounced in the open Commission on this the 16th day of February, 2023,
Sd/-
V. Ramachandran, Member
Sd/-
D.B.Binu, President
Sd/-
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
APPENDIX
COMPLAINANT’S EVIDENCE
Exbt. A1: Copy of Certificate of Insurance
Exbt. A2: Copy of RC Book
Exbt. A3: Copy of Authorization Certificate
Exbt. A4: Copy of National Permit for Goods Carriage
Exbt. A5: Copy of Certificate of Fitness
Exbt. A6: Receipt issued by K.S.E.B.
Exbt. A7: Copy of letter received from K.S.E.B.
Exbt. A8: Copy of letter issued to the opposite parties
Exbt. A9: Copy of postal receipt
Exbt. A10: Copy of postal receipt
Exbt. A11: Track consignment
Exbt. A12: Track consignment.
OPPOSITE PARTY’S EVIDENCE
Nil
Despatch date:
By hand: By post
kp/
CC No. 57/2021
Order Date: 16/02/2023
