IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Friday the 3^rd day of September, 2021.

                                      Filed on 19-08-2019

Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.204/2019

between

Complainant:-                                                              Opposite party:-

Sri.Aneesh                                                          1.      The Branch Manager

S/o Babuji                                                                    ICICI Lombard

Mappeth, CMC Ward-1                                              Third Kannankeri Estate

Cherthala North, Alappuzha                                       Shanmugham Road, Cochin

(Adv.Sri.K.T.Anishmon)                                           (Adv.Sri.C.Muraleedharan)

                                                                               2.    The Manager

                                                                                       TV Sundaram Iyengar &

                                                                                       Sons Ltd., NH Punnapra North                                                                                    Paravoor, Alappuzha-1

                                                                                       (Exparte)  

                                                                               3.    The Manager

                                                                                       Meridian Motor Mahindra

                                                                                       Near Govt.Guest House

                                                                                       Arattuvazhi Jun., Alappuzha-7                                                                                    (Exparte)                                      

O R D E R

SRI. S.SANTHOSH KUMAR (PRESIDENT)

Complaint filed under Sec.12 of the Consumer Protection Act, 1986. 

Material averments briefly stated are as follows:-

On 29.01.2019 complainant purchased a Maheendra Jeeto Minivan LD from the 2^nd opposite party and on 01.02.2019 it was registered at the RT office Cherthala as register No. KL-32-N-6339.  As per the request of the staff of the 2^nd opposite party the vehicle was insured with the 1^st opposite party for a period of one year from 29.01.2019 to 28.01.2020.  An amount of Rs.21,054/- was collected by 2^nd opposite party as premium and the 1^st opposite party issued the policy having No.3004/163886472/00/000.  3^rd opposite party is conducting the service of the vehicle now. 

The vehicle was purchased for the livelihood of the complainant.   On 02.06.2019 the vehicle met with an accident at the courtyard of the house of the complainant and sustained heavy damage.  On 03.06.19 the vehicle was entrusted for repairs with the 3^rd opposite party.  The surveyor inspected the vehicle and it was repaired.  As per the insurance policy issued by the 1^st opposite party they are bound to pay the amount.  When contacted 1^st opposite party informed that there is no insurance policy.  Hence complainant paid an amount of Rs.10,873/- to the 3^rd opposite party and took the vehicle on 08.07.19.  1^st opposite party collected the premium amount and cheated the complainant contenting that there is no policy in force.  Complainant sustained mental agony due to the act of the opposite parties and so they are liable to compensate him.  Hence complaint is filed for realizing an amount of Rs.10,873/- being the repair charges and Rs.2,00,000/- as compensation for mental agony.

2^nd and 3^rd opposite party remained exparte.

2.      1^st opposite party filed a version mainly contenting as follows:-

There is absolutely no deficiency in service on the part of this opposite party.  This opposite party had tie up with 2^nd opposite party for issuing policy for the vehicle sold by them.  2^nd opposite party is receiving the policy premium and issuing the policy.  Thereafter the amount will be credited in the account of the 1^st opposite party by issuing cheque.  In this case the premium was not paid to this opposite party by the 2^nd opposite party.  Hence when the claim was filed this opposite party stated that there was no policy as per the system.  Subsequently the premium amount was remitted by the 2^nd opposite party and the claim of the complainant was entertained and amount was paid. 

The amount claimed cannot be allowed and the complainant is not entitled to get any of the reliefs.  There is no merit and bonafide in the complaint.  Complainant has not suffered any mental agony or pain due to the opposite party.  Complainant is not entitled for any relief and hence the complaint may be dismissed with compensatory cost. 

3. On the above pleadings following points were raised for consideration :-

1. Whether there is deficiency of service on the part of the opposite party?
2. Whether the complainant is entitled to realize an amount of Rs.10,873/- as prayed for?
3. Whether the complainant is entitled to realize an amount of Rs.2,00,000/- as compensation from the opposite parties as prayed for?
4. Reliefs and costs?

4.      Evidence in this case consists of the oral evidence of PW1 and Exts.A1 to A4 from the side of the complainant.  Opposite parties have not adduced any evidence either oral or documentary.

Point Nos.1 to 3

          PW1 is the complainant in this case.  He filed an affidavit in tune with the complaint and marked Ext.A1 to A4.

          PW1, the complainant purchased a Maheendra jeeto minivan on 29.01.2019 and on 01.02.2019 it was registered at RT office, Cherthala as registration No.KL-32-N-6339.  As per the request of the 2^nd opposite party he took insurance policy from the 1^st opposite party and paid an amount of Rs.21,054/- as premium.  On 02.06.2019 the vehicle met with an accident and on 03.06.19 it was entrusted with the 3^rd opposite party.  After repairing they gave Ext.A4 bill for Rs.10,873/-.  Though he filed claim petition before the 1^st opposite party it was not honored on a contention that there is no valid insurance policy.   Hence the complaint was filed for realizing the bill amount of Rs.10,873/- and Rs.2,00,000/- as compensation on various counds.  1^st opposite party filed a version contenting that cheque was issued to 2^nd opposite party and there was delay in giving the amount to the 1^st opposite party.  Hence on verification it was noticed that they had not issued any policy in favour of complainant and hence they repudiated the claim.  However while the case was pending the bill amount was paid to the complainant and so the complaint is only to be dismissed.  Complainant got examined as PW1 and Ext.A1 to A4 were marked.  2^nd and 3^rd opposite party remained exparte and though 1^st opposite party filed a version did not mount the witness box to prove their care on oath.  Ext.A3 is the policy issued by the 1^st opposite party which is valid from 29.01.2019 to 28.01.2020.  The date of accident in this case is on 02.06.2019 and Ext.A4 bill is dated 11.06.2019.  As stated earlier in the version 1^st opposite party had taken a contention that on verification in their system it was noticed that policy was not issued to complainant and so the claim was not entertained.  1^st opposite party filed version on 18.03.2021.  During cross examination it was put to PW1 that on 02.05.2020 Rs.10,873/- was transferred into the account of complainant and he admitted the same.  From Ext.A3 it is pellucid that the vehicle was having insurance from 29.01.2019 to 28.01.2020 issued from the 1^st opposite party.  The date of accident is on 02.06.2019 and Ext.A4 bill is dated 11.06.2019.  So it is crystal clear that on the date of accident there was a valid policy issued by the 1^st opposite party to the vehicle of complainant.  Hence 1^st opposite party had no authority to repudiate the claim of complainant.  It is noticed that the complaint was filed on 19.08.2019 and after several postings on 02.05.2020 Rs.10,873/- being the bill amount was transferred into the account of complainant.  The contention of 1^st opposite party that the cheque was collected by 2^nd opposite party and there was a delay in transferring the amount into the account of the 1^st opposite party is not at all tenable.  In such circumstances it is pellucid that there was deficiency of service from the part of 1^st opposite party in rejecting the genuine claim of the complainant.  It is true that while the case was pending on 02.05.2020 the bill amount was transferred into the account of complainant.  A vehicle owner who is having a valid insurance policy is not expected to file a complaint before any authority to entertain his genuine claim.  It was the duty of the 1^st opposite party to honor the claim and pay the amount before filing a complaint before this Commission. 

          During cross examination it was put PW1 that there was an agreement to withdraw the complaint on getting the bill amount.  PW1 answered that the matter was settled for Rs.30,000/-.  They had agreed to pay the balance amount as two instalments which was not paid and so the complaint was not withdrawn.  It is true that the receipt of the bill amount while the case was pending is not mentioned in the chief affidavit.  It was also not incorporated in the complaint by way of an amendment.   Only for not amending the complaint and not mentioning the fact in the chief affidavit complainant cannot be penalized since there is clear evidence of deficiency of service from the part of 1^st opposite party.  As stated earlier though Ext.A4 bill is dated 11.06.19 the bill amount was paid to PW1 only on 02.05.2020 ie, after about one year that also after filing the present complaint.  In such circumstances PW1 is entitled for compensation and we are limiting the same to Rs.5,000/-.  These points are found accordingly.

Point No.4

          In the result complaint is allowed in part.

1. Complainant is allowed to realize an amount of Rs.5,000/- (Five thousand only) from the 1^st opposite party.
2. Complainant is allowed to realize an amount of Rs.2,000/- (Two thousand only) as cost from the 1^st opposite party.    

The order shall be complied within one month from the date of receipt of copy of this order.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 3^rd   day of September, 2021.

Sd/-Sri.S.Santhosh Kumar (President)

Sd/-Smt.P.R. Sholy (Member)

Appendix:-

Evidence of the complainant:-

Ext.A1                -        RC Book

Ext.A2                -        Contract carriage permit

Ext.A3                -        Policy issued by 1^st opposite party

Ext.A4                -        RO bill dtd.04.06.19

Evidence of the opposite parties:- Nil

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                         By Order

                                                                                    Senior Superintendent

Typed by:- Sa/-

Compared by:-