Per Hon’ble Mr.P.N.Kashalkar, Presiding Judicial Member
This is an appeal filed by the original opponent/Insurance company against the judgement and award passed by District Consumer Disputes Redressal Forum, Sindhudurg in consumer complaint no.56/1999 decided on 24/04/2000. By the said judgement and award, forum directed Insurance Company to pay to the complainant a sum of `42,500/- within one month towards the insurance claim lodged by the complainant and also directed to pay further amount of `500/- by way of costs. As such, Oriental Insurance Company Ltd. has filed this appeal taking strong exception to the award passed by the District Consumer Disputes Redressal Forum. Facts lie in narrow compass:-
Complainant owned Truck bearing no.MH-09/L-397. He purchased the said truck by taking loan from Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi. The above mentioned truck was hypothecated with the said Pat Sanstha. The complainant had taken insurance cover for his vehicle. When insurance cover was in force, on 17/10/1997 the truck met with an accident near Mouje Kalambani, Kalajwadi, Taluka Khed, District Ratnagiri. FIR about the accident was lodged in Khed police station. Police came and recorded panchanama on 17/10/1997. Intimation of the accident was given to the Insurance Company. Insurance Company deputed surveyor for doing spot survey. Thereafter, the vehicle was sent for repairs. Complainant was required to spend `1,50,000/- for repairing the said truck. After repairing said truck, complainant lodged insurance claim with the appellant/Insurance Company. Insurance Company however closed the case as “NO CLAIM” by sending letter to that effect on 15/09/1998. Thereafter, again Insurance Company requested the complainant to send Claim form along with requisite documents. Said documents were ultimately given by the complainant. However, according to complainant, claim was not allowed and, therefore, filed consumer complaint alleging deficiency in service on the part of Insurance Company.
Insurance Company filed its written version and contested the claim. According to Insurance Company though initially claim under the insurance cover was rejected by sending letter, the Insurance Company had directed complainant to file Claim Form with requisite documents and when second time they received Claim Form duly filled in along with documents, they had sanctioned the claim to the extent of `42,500/- and the said claim was paid to Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi on behalf of Mr.Sanjay Anant Parab-respondent herein. However, despite the fact that the amount under claim was received by the said Society on behalf of the complainant, complainant filed consumer complaint in the District Consumer Disputes Redressal Forum, Sindhudurg denying that he had received any claim and prayed for an award. Though the defence of the Insurance Company was that they had already made payment to the Pat Sanstha to whom the vehicle in question was hypothecated to secure the loan. Forum discarding the stand taken by the Insurance Company allowed the complaint and directed Insurance Company to pay to the complainant a sum of `42,500/- within one year from the date of award and also directed to pay `500/- towards the costs. Aggrieved by this order Insurance Company has filed this appeal.
We heard Mr.N.G.Ghotekar-Advocate for the appellant. None is appearing for the respondent. Respondent is duly served with the notice as is clear from the postal envelope received back by this Commission. Upon hearing Advocate Ghotekar we are finding that the forum has neglected or overlooked the payment received by Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi on behalf of Mr.Sanjay Anant Parab-respondent herein. Insurance Company had made the payment of `42,500/- to the said Pat Sanstha, since the vehicle involved in the accident owned by the respondent was hypothecated to Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi. Since he had purchased the truck by taking loan from the said Pat Sanstha when insurance claim was allowed after accident after appointing surveyor and after assessing surveyor’s report, Insurance Company sanctioned the amount of `42,500/- in favour of the respondent and that payment was made to Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi and discharge voucher to that effect was signed by the complainant as well as Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi. When discharge voucher is on record, forum patently committed an error in law in overlooking said discharge voucher produced before it by the original opponent Insurance Company. What is pertinent to note is that the discharge voucher was produced on record, but revenue stamp was not liable to be affixed to the said voucher since payment was being made to Pat Sanstha. This fact was ignored by the District Forum and this discharge voucher was erroneously neglected by the District Forum while passing an award in favour of respondent herein. Order passed by the District Consumer Disputes Redressal Forum is appearing to be bad in law and not tenable in law. Hence we allow the appeal, otherwise, it would amount to double jeopardy because already payment has been made on behalf of the complainant to Swami Vivekanand Nagari Sahakari Pat Sanstha Ltd. Ajra, Branch Sawantwadi. Discharge voucher has been signed by the complainant as well as Pat Sanstha. In the circumstances, we pass the following order:-
ORDER
Appeal is allowed.
Impugned order is set aside.
Consumer complaint stands dismissed.
Inform the parties accordingly.
Pronounced on 21st February, 2012.
