Date of filing:- 19/02/2015

Date of Order:- 19/10/2016

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 10 of 2015.

Umesh Chandra Bhoi, son of Late Khageswar Bhoi, aged about 60(sixty) years, resident of Khajurtikra, Ward No. 08, Bargarh, Po/Ps/Dist. Bargarh.

..... ..... ..... Complainant.

-V e r s u s -

The Branch Manager, Oriental Insurance Co. Ltd., Bargarh Branch, At:- NH-6, Ambika Complex, Canal Avenue, Bargarh, Post/Dist. Bargarh.

..... ..... ...... Opposite Party.

Counsel for the Parties:-

For the Complainant :- Sri D. Mishra, Advocate with other Advocates.

For the Opposite Party:- Sri P.K.Mahapatra, Advocate with other Advocates.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.

Dt.19/10/2016 -: J U D G E M E N T :-

Presented by Sri K.P. Mishra, President:-

Brief fact of the case;-

The case of the Complainant as enumerated in the complaint is that, he had purchased a M & M SCORPIO Motor vehicle bearing No. OR -17- H -0909 for earning his livelihood and also for his personal use and had got it insured with the Oriental Insurance Company Ltd at it’s Branch Office, Bargarh vide policy No-345601/31/2013/1144 for a period of one year from Dt. 09.07.2013 and during the subsistence of the same the said vehicle was stolen by some one from Bhubaneswar on Dt. 26.04. 2013 by locking the driver inside the room of the lodge wherein he was staying and in the morning when he had gone to the bath room, and the matter was reported at the police station at Laxmisagar by the son of the Complainant and the same was registered as P.S. Case No.119 date 26.04.2013 but the police after taking all measure to trace out the vehicle submitted a final form, as the case is true but without clue to detect the culprit, before the S.D.J.M., Bhubaneswar in C.T.No.1625 of 2013.

Beside the fact as enumerated in the complaint it came to our notice from the copy of the F.I.R filed by the complainant that on Dt.25.04.2013 when the driver was going to Bhubaneswar with the instruction of the Complainant to bring his son, on the way in Bargarh it self one un-known person asked him for a lift to Bhubaneswar and the driver also took him and both of them reached there at about 9 p.m ,after reaching there the driver came to know that there was an Odisha Bandh on the next day as such he informed about the same to the complainant and on the advice of the complainant he stayed there in a hotel namely Sahara in Budhanagar by parking the vehicle in the parking place of the hotel, along with the same unknown person and in next morning when the driver had gone to the bath room the said unknown person locked him from out side the hotel room and went away with the vehicle and the mobile of the driver and when the driver came out from the bath room he came to know about the same then he came out side with the help of the hotel personel and then he informed about the same to the Complainant and his son who was staying there at Bhubaneswar and then both of them went to the police station and the said son of the complainant namely Bharat Bhusan Bhoi filed a written report before the police station. And on that basis the police registered the case and took all relevant steps as mentioned above.

Immediately thereafter the complainant informed about the same to the Opposite Party and filed his claim before it’s authority but the o.p repudiated such claim of the complainant and informed about the same to the complainant on Dt. 22.10.2014 that his claim is not tenable due to the gross negligence on the part of the complainant and his representative the driver as illegal, improper and unfair as such the cause of action of the case arosed resulting to which the complainant filed the case along with all relevant documents claiming such action of the Opposite Party as deficiency of service and unfair trade practice as such are liable to pay Rs.55,000/-(Rupees fifty five thousand)only as the loss for the stolen vehicle and an amount of Rs.2,00,000/-(Rupees two lakh)only as Compensation and a penal interest @ of 18%(eighteen percent) P.A from the date of such claim, perusing complaint, all the documents and on hearing the advocate for the Complainant the case was admitted and on being noticed the Opposite Party appeared before the forum and filed their version.

The Opposite Party in it’s version vehemently objected to the contents of the petition solely on the ground that the theft has been committed only because of the negligence and carelessness of the driver besides others along with so many documents in their support and ultimately denied the claim of the complainant on the ground that the complainant has violated the policy condition as entered in to by the parties.

Having gone through the entire case record in detail we could found that the point of determination of the case rests only on one single question as to whether the act of giving lift to an unknown person by the driver and keeping his request to keep him in the hotel is the negligence of the driver or not.

While scrutinizing the complaint , and the version of the Opposite Party and the documents filed on their respective behalf we found that on the relevant date the driver was going to Bhubaneswar alone to bring the son of the Complainant and in the meantime on the way in Bargarh itself one unknown person requested him to give lift to Bhubaneswar and as the driver was alone on humanitarian feeling allowed him to go with him and again on reaching there at Bhubaneswar when he could know that there was a Bandh of Odisha and on being instructed by his owner the Complainant, he stayed in the hotel namely Sahara , the said unknown person requested him to give him a shelter in the night and as the driver is an innocent person he allowed him to stay with him in the same room but to his ill-luck the said unknown person taking advantage of innocence the driver managed to steal away the vehicle and his mobile phone by locking him inside the room while he was in side the bath room in the next day morning and when he came out side from the bath room and could know the total thing he came outside with the help of the hotel personel and immediately informed the complainant and on his advise he informed the son of the complainant then both of them went to the police station and submitted written report. So in view of the above facts and circumstances , our view is that it is quite natural for a human being to belief another human being specially because he was going alone and the said unknown person also asked him for such help from Bargarh itself had it been on the way out side the town he could have suspected any thing ,provided that when they reached at Bhubaneswar he has stayed in a hotel after parking the vehicle in the parking place provided by the hotel concerned after duely lucking the door of the vehicle, hence there is no negligence, unfair or improper act on the part of the driver And our such view has been fortified by the investigating report of the investigator namely Sambhunath Pattanaik in his report dated 24.03.2014 who was appointed by the Opposite Party to investigate into the matter and to report. Hence the question for determination as to whether the act of the driver in giving lift and shelter to a person in good faith is his negligence or not, goes in favour of the driver as he has not committed any negligence in taking care and giving security to the vehicle, further more in the investigating report of the police also there is no mention of any short of negligence or act of omission or commission of any act on the part of the driver in attributing to the theft case, and the citations filed by the Opposite Party are also not applicable in this case. hence order follows.

Hence the Opposite Party is directed to pay claim amount of the Complainant for an amount of Rs.5,50,000/-( Rupees five lakhs fifty thousand only ) towards the total loss of the vehicle with 6% (six percent)interest from the date of filing of the case within one month from the date of the order, in default of which it would accrue an interest @ 12%(twelve percent) from the date of filing of the case till it’s realization.

And so far as the amount of claim of compensation amounting to Rs.2,00,000/-the pleading of the complainant is not specific , for what such compensation would be awarded hence the same is denied by the Forum as devoid of any merit.

Hence I pronounce the order in the open court to-day i.e on Dt.19.10.2016 and the case is disposed off accordingly.

Typed to my dictation

and corrected by me.

I agree, (Sri Krishna Prasad Mishra)

P r e s i d e n t.

(Sri Pradeep Kumar Dash)

. M e m b e r.