IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 15th day of January, 2014
Filed on 13.04.2012
Present
- Smt. Elizabeth George (President)
- Sri. Xavier Antony (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.130/2012
between
Complainant:- Opposite Party:-
Sri. Ajesh. Kumar P.S. Shriram General Insurance
Puthezhathu House Company Ltd., represented
Kattoor P.O., Alappuzha by its Branch Manager
(By Adv. James Chacko) Branch Office, Thiruvampady
P.O., Alappuzha
(By Adv. Tony Antony)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is the owner cum driver of the KL04/X–8490 Ape passenger Autorikshaw. It insured with the opposite party as per the policy certificate issued, the vehicle had policy coverage from 4.11.2010 to 3.11.2011. On 2.4.2011 the complainant went to the General Hospital, Alappzuha and when he reached the hospital at about 9 p.m., the said Autorikshaw was parked and locked by the complainant in the General Hospital compound, Alappuzha. After locking the vehicle with a vehicle key, complainant went inside the hospital and stayed there for 2 hours along with his neighbor. When he came outside the hospital at about 11 p.m. for going back to home, he was shocked by not seeing his parked Autorikshaw in the parking place. The complainant enquired all around parking premises in the hospital, but not traced out the vehicle. Soon he intimated matter to the Alappuzha South Police Station and handed over them all vehicle details and they started all over the Alappuzhan town, but not recovered the Autorikshaw. On next working day itself on 4.4.2011 complainant given written petition to Alappuzha South Police Station stating the theft of his own Autorikshaw. The Alappzuha South Police Station registered a case about his theft, as Crime No.341/11 and started investigation. On the same day itself, the complainant intimated the matter in writing to the opposite party. He also handed over all the attested vehicle particulars with copy of FIR from South Police Station, Alappuzha. But so far the claim amount was not given to the complainant by the opposite party. Hence the complaint is filed seeking the relief of directing the opposite party to give an amount of Rs.1,07,000/- for loss of vehicle to the complainant and Rs.25,000/- as compensation for mental agony suffered by the complainant.
2. The version of the opposite party is as follows:-
The opposite party had issued a policy for the vehicle in the name of the complainant. Even though complainant had reported the theft of the vehicle to the Police, he could not prosecute the case through police and hence failed to produce the investigation and non traceable report from the police. There is no deficiency in service on the part of the opposite party. The IDV is the declared value of vehicle at the time of purchase in 2008 ie. not assessed or admitted market value of the vehicle. The complainant is not entitled to get any of the reliefs sought for.
3. The points came up for consideration are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to get relief and cost?
4. Complainant was examined as PW1 and the documents produced marked as Exts.A1 to A9. The original of RC Book of KL04/X– 8490 Autorikshaw is also produced marked as Ext.A10 – original Tax, License, fitness certificate and original key of KL04/X–8490. The opposite party has no oral evidence and produced one document marked as Ext.B1. Heard the learned counsels for both parties.
5. Point No.1:- According to the complainant, he parked his locked Autorikshaw in the General Hospital, Alappuzha at about 9 p.m. He went inside the hospital and at about 11 p.m. he came outside the hospital and was shocked by not seeing the parked Autorikshaw in the parking place. So complaint about it to the Alappuzha South Police Station. The criminal case records produced by the complainant substantiate his allegations. Ext.A5 is the FIR, A6 is the scene mahazor and A7 is the final report. As per the Ext.A7 document, the vehicle which was stolen became untraceable. According to the opposite party, there is delay in lodging the complaint. The document produced by the complainant shows that the Autorikshaw was stolen on 2.4.2011 between 8.30 p.m. and 11 p.m. On the next day itself, the complainant lodged the complaint before the Alappuzha South Police Station. There is no dispute with regard to the validity of the policy of the vehicle. Ext.A2 is the policy copy. Moreover after the theft was reported to the Police, the matter was investigated and Police submitted the report as untraceable theft. This would eradicate that it was a permanent loss to the complainant. According to the complainant, the theft was reported to the opposite party as early as on 4.4.2011. Ext.A8 is the letter issued by the Assistant Manager of the opposite party to the General manager in which it is clearly stated that from the Alappuzha branch, the claim was reported on 21.4.2011. The letter also endorsed that the non-traceable report from the Police from the Police is also received. There is no satisfactory explanation forthcoming why the claim is still not settled. The inordinate delay committed by the opposite party to settle the claim amounts to deficiency in service on the part of the opposite party.
6. Point No.2:- According to the complainant, he is entitled to get Rs.1,07,000/- for the loss of vehicle. The opposite party contested that the vehicle is of 2008 and claims depreciation for three years. But policy was taken on 4.11.2010. The theft had taken place on the night of 2.4.2011 ie. after the expiry of about 5 months from the commencing date of policy. Therefore this Forum is of opinion that depreciation at the rate of 10% would be justified. Therefore the complainant is entitled to get the insurance claim for the amount of Rs.96,300/- (1,07,000/ - 10,700/ = 96,300). The original RC book, key , tax permit etc. are produced by the complainant before the Forum.
In the result, the complaint is allowed and the opposite party is directed to pay the amount of Rs.96,300/- (Rupees ninety six thousand and three hundred only) to the complainant with 8% interest per annum from the date of filing the petition. The opposite party is also directed to give Rs.5000/- (Rupees five thousand only) towards compensation and Rs.2000/- (Rupees two thousand only) as costs of this proceedings. The opposite party is allowed to get back the original of original RC book, permit, tax receipt and key of the vehicle on satisfying the above order, if they insist. The order shall be complied by the opposite parties within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and
pronounced in open Forum on this the 15th day of January, 2014.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Ajeshkumar P.S. (Witness)
Ext.A1 - Copy of the certificate of registration No.KL04/X8490
Ext.A2 - Certificate cum policy schedule
Ext.A3 - Copy of the driving licence
Ext.A4 - Copy of contract carriage permit
Ext.A5 - Copy of first information report
Ext.A6 - Copy of deposition before the South Police Station, Alappuzha
Ext.A7 - Copy of the final report of Kerala Police
Ext.A8 - Copy of the letter dated 2.8.2011
Ext.A9 - Copy of the Advocate’s notice
Ext.A10 - Original RC Book of KL04/X-8490
Evidence of the opposite parties:-
Ext.B1 - Conditions of Shriram General Insurance
// True Copy // By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
