DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO.30 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy - Member.
K. Rabi Narayan Subudhi, aged – 63 years.
S/O: Late K. Antaryami subudhi At: Laxmi Market
PO/PS: Phulbani Dist: Kandhamal( Odisha ) ………………………….. Complainant.
Versus.
1. The Branch Manager,
The New India assurance co. Ltd.Phulbani Branch
Phulbani. Bikash Plaza Market Complex
Phulbani, Dist: Kandhamal (Odisha)
2. The Divisional Manager
The New India Assurance Co. Ltd.
Giri road, Berhampur Po/PS: Brahmapur
Dist: Ganjam (Odisha) …………………………….. OPP. Parties.
For the Complainant: Sri Harischandra Maharana, Advocate and his Associates
For the OPP. Parties: Sri M.V. K.Rao, Advocate, Phulbani.
Date of order: 29-04-2017.
O R D E R
The case of the Complainant in brief is that he is the registered owner of one Vehicle model TATA/SFC 407 BS-III bearing Regd. No. OD-12 6152, Engine No. 497SP67DVY614395 Chassis No. MAT455044E8D09114 newly purchased from the Proprietor-cum-Dealer, CONSORTIUM AUTOMOBILES (P) LTD plot No. 644/2148, Pahal, NH-5 Bhubaneswar- 752101, ODISHA and duly
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registered before the registering authority, Phulbani. Prior to issuance of original certificate of Registration and others, the temporary Certificate of Registration vide No. OD 02P 3110 valid up to 15-10-14 from 16-09-2014 had been issued by Registering authority and accordingly the vehicle was plying on the road without carrying any goods. The vehicle was properly insured before the O.P vide policy No. 55060331140100001125 covering insurance period for one year i.e 12-09-2014 01:00:00 pm to 11-09-2015 11:59:59 pm . On 11-10-2014 the said vehicle faced a road accident with a logs loaded Truck vides Regd. OR 09-K-9508 at Pathara Bridge under Nuagaon Police Station of Nayagarh Dist, Odisha. After the occurrence the injured –driver was sifted to Medical and the matter was reported before the Nuagaon Police Station bearing P.S Case No. 54 dated 11-10-2014. As per instruction of police , the vehicle was sifted to its work shop of the proprietor-cum-Dealer, Consortium Automobiles Pvt Ltd Bhubaneswar on 21-10-2014.The Automobile company preliminary estimated to Rs.6,79,164.88 paisa but after completion of work the final bill of accessories and labor charges was made for Rs. 3,50,000/- vide retail Invoice dated. 04-08-2015. The said vehicle was released after payment of the total amount by the Complainant. The Complainant submitted his claim application along with relevant documents to settle the claim amount, but the O.P No.1 issued letters time and again to which the Complainant complied. On 21-06-2016 the O.P sent a letter vide No. 626 to the Complainant wherein it is mentioned that the claim file is closed on the ground of “Non- existence of permit at the material time of accident”. Hence, this complaint is filed by the Complainant as he was suffering both financially and mentally due to harassment of O.ps. He is claiming Rs. 3, 50,000/- with 12% interest from the date of dues and compensation of Rs. 1, 00000/- from the O.Ps towards his financial loss and mental agony. He is also claiming Rs. 20,000/- towards cost of litigation.
The case of the O.ps as per their joint version is that the Complaint is not maintainable and this Forum has no territorial jurisdiction to try the dispute. The vehicle bearing No. OD12 6152 newly purchased which was a commercial vehicle having a temporary registration certificate for a period of one month from 16-09-2014 to 15-10-2014 and the said vehicle was plying without any permit during the period of accident. Although the accident took place on 11-10-2014 the vehicle was handed over to the work shop of CONSORTIUM, Bhubaneswar on 21-10-2014 after 10 days and no reason has been disclosed for the delay. The claim Form has been submitted on 22-10-2014.The Complainant has released the vehicle on 04-08-2015 after payment of the final
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bill amounting Rs. 3, 50,000/- but in spite of several letters issued by Opp. Party, the Complainant could not submit the required permit of the transport Authority. After verification it came to light that at the time of accident there was no permit. So, the claim of the Complainant was repudiated due to non existence of permit at the material time of accident and the said fact was intimated to the Complainant by registered post. As the Complainant was plying the vehicle violating the terms and conditions of the policy and the provisions of M.V Act, he is not entitled to get any compensation as claimed for which the Complaint may be dropped.
During course of hearing the complainant has filed an affidavit in support of his evidence. He was examined and cross examined. The documents filed by the Complainant were marked vide Exit-1 to Exit -9. The O.Ps have not filed any affidavits and any documents. We have carefully gone through the complaint petition filed by the Complainant, the version of the O.ps, the affidavit and documents filed by the Complainant and his deposition.
At the time of argument the learned counsel for the Complainant stated that the claim of the Complainant was repudiated due to non existence of the permit of the vehicle at the time of accident. But as the vehicle was empty at the time of accident and no goods were carried in the vehicle the permit is not necessary. The learned counsel for the O.ps stated that the permit is very much necessary to move the vehicle on the road.
It is admitted that the said vehicle was insured under the O.ps for the period 12-09-2014 to 11-09-2015 as reveals from Exit-1. It is also admitted that the fitness of the vehicle was valid from 27-09-2014 till 26-09-2016 as reveals from Exit-4, the registration certificate. The accident was held on 11-10-2014. It is seen from the F.I.R vide Exit -7 that the empty vehicle bearing no OD-126152 was going from Phulbani to Bhubaneswar to attend the Showroom of CONSORTIUM AUTOMOBILES. So it is clear that at the time of accident there are no goods in the said vehicle. The documents of the vehicle were in process for which the temporary registration certificate was issued in favor of the vehicle. It is the business of the Transport Department whether the permit is required in such case or not. It is not desirable to raise such objection by the Opp. Parties once they have issued the insurance policy and accepted premium from the insured. It is not disputed that the said vehicle was not empty at the time of accident. There is no evidence in this case that the terms and conditions of the Insurance policy were violated. It is admitted by the O.P in his version that the
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Complainant had submitted his claim application before the O.ps for settlement after paying the final bill amounting Rs. 3, 50,000/-.
In the above circumstances the Complainant is entitled to get his repair charges to the tune of Rs. 3,50,000/- as per bill given by the CONSORTIUM AUTOMOBILES (p) LTD, BBSR vide Exit-9.Accordingly the complaint filed by the Complainant is allowed on contest against O.Ps . Hence, the O.Ps are jointly and severally directed to pay Rs. 3, 50,000/- to the complainant towards repair charges of his vehicle within 30 days from the date of receipt of this order. In case of failure the Complainant shall be entitled to get 9 % interest per annum from the date of this order till the date of payment.
The C.C is disposed of. Supply free copies of this order to both parties at an early date.
MEMBER MEMBER PRESIDENT
