Karnataka

Chitradurga

CC/559/2019

Sri J.Mahanthesha, S/o Jayappa, - Complainant(s)

Versus

The Branch Manager, Oriental Insurance Com.Ltd., - Opp.Party(s)

Sri N.Thippeswamy

26 Apr 2021

ORDER

COMPLAINT FILED ON:05/10/2020

DISPOSED      ON:26/04/2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:559/2019

DATED: 26^th April 2021

PRESENT: -     Smt. H.N. MEENA. ….     RESIDENT

                        B.A., LL.B.,              

                     Smt. B.H. YASHODA.              ....MEMBER

                     B.A., LL.B.,

 

……COMPLAINANT/S	J. Mahanthesh S/o Jayappa, Advocate, aged about 38 years, Owner of the Motor Cycle bearing No. Reg., KA-16/S-6310, LIG No.35, KHB Colony, Kelagote, Chitradurga.   (Rep., by Sri. N. Thippeswamy advocate)
V/S
….OPPOSITE PARTY/S	The Branch Manager, Oriental Insurance Company Limited, Opp KSRTC Bus Stop, Chitradurga.  Policy No. 472108/312017/5506 Claim Vide No. 472108/31/2018/000047. (Rep., by Sri. O.L.Gnanesh Kumar, for OP Advocate)

 

Written by Smt. H.N. MEENA, President.

ORDERS

   This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act,1986 by J. Mahanthesha  the Complainant against the Opposite party (for short ‘OP’ ) praying for total compensation of Rs.50,000/- including for mental agony, and expenses  and cost of the proceeding - etc.

The Complaint:

1.  The case of the complainant is that he is the owner of the Motor cycle  bearing Reg.No.KA 16-S-6310 and the said vehicle has insured with the OP Company vide policy No. 472108/31/2017/5506 in force  valid from 01/10/2016 to 30/09/2019. On 19/07/2017 the complainant gone to District Court Complex, Thereby he was parked motor cycle in front of the Krishna Gramina Bank, in the Court premises. After complainant was finished his works came outside the court in the place of his motor cycle, but it was theft by someone. Complainant search the motor cycle but it was not traced. As such he was given complaint to Chitradurga Town Police Station. The said police officer have been made best efforts, but it was not traced out and lastly the said police officer filed “C” report in Cr No. 0207/2017 before Principle Civil Judge JMFC at Chitradurga.   

2.      The complainant was submitted his claim information letter to Op on 20/07/2017. Thereafter the Op was registered his claim vide No. 472108/31/2018/000047 which is valid from 01/10/2016 to 30/09/2017 and the ID value of the vehicle is Rs. 16,000/-. After that the complainant filed the claim form before the Op with supporting documents, but the Op not issued claim amount to the complainant. After that the complainant issued legal notice to the Op on 08/07/2019 through RPAD. The said notice was served to Op. But the Op not issued any claim amount to the complainant. Hence he filed the present complaint alleging deficiency of service on the part of OP.

3.      After hearing on admission the complaint was admitted and notice were ordered to be issued to the Op and service of notice he was appear before this Hon’ble commission through his council and filed their written version

Evidence :

4.      The complainant got himself examined as PW-1 by filing his affidavit as a part of examination in chief and has produced documents before the Commission,  same have been got marked as exhibits A 1 to A 17. On behalf of OP Sri. Manjunatha G. S/o Govisiddappa, Assistant, The Oriental Insurance Compnay ltd., Chitradurga  has examined as DW-1 and Ex.B-1 to B-21 documents as got marked closed their side. 

5.    Arguments heard.

6.    Now the points that arise for our consideration for decision of above complaints are that;

1. Whether the complainants prove that, the OP have committed deficiency of service and entitled for the relief as prayed for?

      (2) What order?

       7.    Our findings on the above points are as follows:-

              Point No.1:- Partly in affirmative.

              Point No.2:- As per final order.

REASONS

8.      Point No.1:-The complainant alleged that he got his Hero Honda Spleder, Motor Cycle insured with OP which is valid from 01/10/2016 to 30/09/2017. On 19/07/2017 at about 3 p.m.  He parked the said vehicle in front of the Krishna Grameena Bank, in the District Court premises, Chitradurga. On the same day at about 3-00 pm he found that the vehicle was stolen. The matter was reported to police as well as the OP, the OP in spite of producing document for confirmation of theft, they repudiated the claim on 20/07/2017.

9.    The complainant himself produced the documents as document Ex A-1 to A-17. Copy of the FIR marked as EX- A 2 which reflected that FIR lodged on 22/07/2017 regarding the incident theft Dtd: 19/07/2017. As per A-3 the OP issued a letter to the complainant dated 10/07/2018 to furnish documents pertaining to the vehicle. As per A-4 the complainant furnishing the two original Keys, Original Policy, Xerox copy Charge sheet, Form 29-30 and consent letter, Aadhar Card, Bank account passbook, Discharge Voucher on 17/09/2018. Ex A-5, consent letter, Ex-A-6 discharge voucher. Finally the complainant submitting R.C. Book before Op on 17/06/2019. The complainant submitting entire documents pirating   to motor cycle before Op but the Op not issued any claim amount to complainant. After that the complainant issued legal notice to the Op through RPAD his counsel on 08/07/2019 the said notice was served to Op but the Op was not issued any claim amount to the complainant.  The deficiency of service on the part of OP.  Hence the complainant filed the complaint on 05/10/2019. The Hon’ble Commission was issued notice to the Op on 21/10/2019 the said notice was served to the Op but he was not appeared before this commission. The Hon’ble commission called out absent as ex-parte. After that Op was appeared through his counsel and filed version. And the denied the contents of the complaint. The specific contention of the Op have paid the sum of Rs. 15,500/- to the complainant through NEFT on 18/10/2019.

10. On hearing the arguments of complainant and on perusal of the documents including the affidavit and documentary evidence it’s clearly made out that, the complainant furnished entire documents pertaining to the motor cycle after that the complainant issued legal notice to the Op through RPAD his counsel. The said notice was served to the Op. But the Op is not paid the any claim amount to the complainant.  As per the ID value the motor cycle for Rs. 16,000/-. But OP was paid for Rs.15,500 to the complainant. The Op was not paid to the claim amount to the complainant with in time.

11.  After the filing the complaint before this commission paid the IDV  of Rs. 15,500/- to the complainant. Since, the Op has settled the insurance amount, for which the Op is liable to pay interest on the settled amount towards late payment from the date complaint.

12.  After Hence we are of the opinion that Op have committed deficiency in service which caused financial loss and mental agony to the complainant. Accordingly this point No.1 is held as partly affirmative to the complaint.

       Point No.2:- as discussed on the above point and for the reasons stated therein we pass the following:-

                                     ORDER

       The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

       It is order that the Op is hereby directed to complainant to pay interest at the rate of 6% p.a. on Rs. 15,500/- from the date of complaint till realization

       It is ordered that, the Op is hereby directed to pay of Rs. 5,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant.

       It is further ordered that, the Op is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Members after the correction of the draft on 26/04/2021 and it is pronounced in the open Court after our signatures)
 

                                                         

                                                  PRESIDENT

 

 

LADY MEMBER 

Annexures:

PW-1:  Sri. J.Mahanthesha, complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri. Manjunatha G.s/o Gavisiddappa, Assistant, the Oriental Insurance Company limited, Branch office, Chitradurga, by way of affidavit evidence.

01	Ex-A-1:-	Claim Intimation letter dated 20/07/2017
02	Ex-A-2:-	Certified copy of FIR along with complaint.
03	Ex-A-3:-	Final reminder letter dated 10/07/2018
04	Ex-A-4:-	documents submission oriental Insurance copy limited, chitradurga
05	Ex-A-5:-	Consent letter
06	Ex-A-6:-	Discharge Voucher
07	Ex-A-7:-	Final Reminder dated 29/11/2018
08	Ex-A-8:-	Documents submission for claim
09	Ex-A-9:-	Indemnity letter
10	Ex-A-10:-	Final reminder
11	Ex-A-11:-	pertaining to claim dated 19/07/2017
12	Ex-A-12:-	without prejudice dated 14/02/2019
13	Ex-A-13:-	Form 29 and 30
14	Ex-A-14:-	3 original R.C book
15	Ex-A-15:-	Legal notice
16	Ex-A-16:-	Postal receipt
17	Ex-A-17:-	Postal acknowledgement

Documents marked on behalf of OP.

1	Ex-B-1:-	Claim intimation letter dated 20/07/2017
02	Ex-B-2:-	Claim form dated 20/07/2017
03	Ex.B-3:-	Investigation report dated 20/11/2017
04	Ex.B-4:-	Copy of the order sheet in Cr. No. 297/2017 on the file of prl. Civil Judge and JMFC, chitradurga
05	Ex.B-5:-	First reminder dated 09/02/2018
06	Ex.B-6:-	Second reminder dated 09/04/2018
07	EX.B-7:-	Final reminder dated 10/07/2018
08	EX.B-8:-	Reply letter of complainant dated 17/09/2018
09	EX.B-9:-	Final reminder dated 29/11/2018
10	EX.B-10:-	Reply letter of complainant dated 11/12/2018
11	EX.B-11:-	Letter of RTO from Insurance Company dated 17/12/2018
12	EX.B-12:-	Final reminder dated 11/01/2019
13	EX.B-13:-	Reply letter of complainant dated 14/01/2019
14	EX.B-14:-	Letter from insurance company dated 14/02/2019
15	EX.B-15:-	Reply letter of complainant dated 25/02/2019
16	EX.B-16:-	Legal notice dated 08/07/2019
17	EX.B-17:-	Email reply from Insurance Company dated 11/07/2019
18	EX.B-18:-	Motor Scrutiny Form
19	EX.B-19:-	“C” report
20	EX.B-20:-	FIR
21	EX.B-21:-	Police copy

 

 

  PRESIDENT

 

 

LADY MEMBER 

Kms