By. Smt. Beena. M, Member:
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are given below:
The Complainant is the RC owner of the bus bearing Reg. No. KL-12-L 3760, running between Mananthavady - Kalpetta route. The vehicle was insured with the Opposite Party vide policy No.570309312010002108 under Motor Passenger Carrying Vehicle Package policy for a period from 14.11.2020 to 13.11.2021. The said bus had stopped service from 01.06.2021 to 08.08.2021 submitting G form as per law. Thereafter, the Complainant approached the Opposite Party to extend the policy period. But the Opposite Party refused to extend it on the ground that there was a delay in submitting the application. When the Complainant enquired into this with the owners of other buses, the Complainant could understand that they had got the benefits of extension of policy period. Previously, the Complainant also had received the same benefit from the Opposite Party in respect of the same bus. The Complainant approached the Insurance Company only after submitting the G Form. The non-extension of policy period is deficiency in service from the part of the Opposite Party. The Complainant has incurred huge loss in this regard. The Insurance Company charged Rs.58,530/- from the Complainant. The Complainant could not run service during the period from 2021 March to 2021 September due to the outbreak of Covid-19. The G-form was received from Wayanad RTO only for the period of 01.06.2021 to 08.08.2021. The application was made to extend the policy for the above period. The Opposite Party rejected the request of the Complainant saying flimsy reasons. The act of the Opposite Party is deficiency in service. Due to this the Complainant has incurred additional expenses of more than Rs.25,000/-. Hence the Complaint is filed by the Complainant praying for an extension of the period of policy considering the period for which G-Form was submitted and directing to pay Rs.25,000/- towards the loss and to pay the expenses of this case.
3. The Opposite Party entered appearance and filed version. The contentions of the Opposite Party are as follows:-
4. The Complaint is not maintainable either in law or on facts. According to the Opposite Party, the Complainant had submitted the application claiming concession of stoppage of service of the insured bus No. KL 12 L 3760, for the period from 01.06.2021 to 08.08.2021 is not maintainable as per the terms of the policy. The Opposite Party rejected the application as per G.R. 31(2) of Indian Motor Tariff. Extension of policy period on account of lay up of vehicles will be available provided previous notice is given to the Insurer and the certificate of insurance has been returned to the insurer. Further, Opposite Party contended that the certificate issued by the RTO shows that the Complainant’s bus has been conducting service w.e.f 09.08.2021 and Complainant has submitted the application only on 30.09.2021. So the Opposite Party rejected the application. Here the Opposite Party stated that the Complainant has not informed in advance about such a lay-up, and that the certificate of insurance has not been returned by the Complainant. Therefore the Opposite Party prayed to dismiss the Complaint with cost.
5. From the above pleadings, Commission raised the following points for consideration;-
(1). Whether there is deficiency in service/unfair trade practice on
the part of the Opposite Party?
(2) If so, whether the Complainant is entitled for compensation
and other reliefs?
6. The Complainant filed proof affidavit. The documents produced by him were marked as Ext. A1 to A4. From the side of the Opposite Party, two documents were produced which were marked as Ext. B1 and B2.
7. Point No.1:- On the basis of the contentions and arguments of the parties, we have perused the entire materials on record. Complainant’s case is that his insured Passenger Carriage bus was laid up for 2 months during the tenure of Insurance policy. Though the Complainant had claimed extension of policy for the laid up period, the Opposite Party rejected the same. Opposite Party’s contention is that as per G.R 31(2) of Indian Motor Tariff, to consider concession of insured vehicle which are not in use for a period of not less than two consecutive months, previous notice in writing has to be given to the insurer and the certificate of insurance has to be returned to the insurer. In this case the stoppage of service period is 01.06.2021 to 08.08.2021. The Opposite Party is able to consider the claim as the Tariff prescribes minimum of two months laid up for becoming eligible for the concession, but here the insured has not complied with the issuance of previous notice in writing to the Opposite Party and also the certificate of insurance has not been returned to the Opposite Party. Moreover, the Complainant informed the Opposite Party about the lay up only on 30.09.2021, i.e. after completion of the lay-up period. Here, materials on record do not reveal that Complainant had given previous notice in writing and returned the certificate of insurance to the insurer. Therefore, the repudiation of claim is lawful. Hence we find that there is no deficiency in service on the part of the Opposite Party. Therefore the complaint is liable to be dismissed.
8. Point No.2:- Since Point No.1 is found against the Complainant, he is not entitled to get any relief as prayed for.
In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 15th day of September 2022.
Date of Filing:-11.10.2021.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. M. K. Joseph. Farmer.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Copy of Registration Certificate.
A2. Copy of Policy Schedule.
A3. Copy of Certificate issued by Regional Transport Officer, Wayanad.
Dt:24.08.2021.
A4. Copy of Letter. Dt:01.10.2021.
Exhibits for the Opposite Party:-
B1. Policy Schedule.
B2. Copy of Letter. Dt:30.09.2021.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
