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3. The respondent filed a counter denying all the allegations made by the

complainant except those which are specifically admitted. The respondent stated

that the present petition does come under the purview of C.P. Act. The respondent

called the complainant to produce registration certificate, permit, driving license and

fire brigade report and in spite of several requests and reminders the complainant did

not furnished the said documents to settle the claim of the complainant and the

complainant is failed to produce atlast certified copies from the licensing authority.

Hence, the claim of the petitioner was treated as no claim. Thus the claim was

neither repudiated nor settled. The nature of the present petition will not attract the

scope of deficiency of service within the meaning of provisions of C.P. Act and the

petition is liable to be dismissed in limini. The respondent further stated that in the

present case the vehicle was burnt and it was the opinion of the surveyor that repair

of the vehicle was not economical or advisable and he assessed the loss on salvage

basis @ Rs. 2,81,000/- as full and final settlement of the claim under the policy. The

complainant did not furnish the registration certificate, permit, driving license and

fire brigade report to the respondent company in spite of repeated requests made and

reminders sent dt. 29-1-2007, 19-2-2007, 8-3-2007 and 26-3-2007. The petitioner

did not choose to furnish atlast the certified copies of the said documents from the

registering authority. The respondent further stated that he came to know that the

complainant did not pay the life tax of Rs. 36,800/- to the transport authorities for

which memo dt. 22-9-2006 was also issued by the said authority to the complainant.

The complainant has not paid the tax to the said authority in the above said

circumstances, there is no deficiency of service on the part of the respondent

company and the complainant himself is responsible for non settlement of the claim.

4. On behalf of the complainant Ex. A1 to A10 were marked and on behalf

of the respondent Ex. B1 to B6 were marked.

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5. On the basis of the above pleadings the following points are settled for

determination.

i. Whether the complainant is entitled to receive Rs. 5,00,000/-

towards damage of the said vehicle?

ii. Whether there is any negligence and deficiency of service on the

part of the respondent?

iii. To what relief?

6. Point No. 1 & 2 Heard both sides and perused the records available

with the forum and the forum made the following order. The complainant is the

owner of one Bolero XL four wheeler bearing No. AP 04 V : 1177 and the said vehicle

was insured with the respondent company with a coverage of all packages including

vehicle damages under the policy No. 611204/31/05/01/00001859 with effect from

6-3-2006 to 5-3-2007. The complainant registered the said vehicle under taxi quota

by playing the vehicle, the complainant use to get his livelihood. The complainant

gave the said vehicle on hire to one Doddi Pullanna of Gollapalli Village, who

conteste3d for the post of MPTC Vaddirala on behalf of Telugudesam party. While so

on 28-6-2006 at about 10.00 p.m when the said vehicle became off road and stopped

near the cross road leading to Kammavaripalli village on Jammalamadugu – Tadipatri

road, 10 unknown persons came there, poured petrol on the Bolero vehicle and set

fire. As a result the said vehicle burnt leaving remains of metal portion. The said

fact was also informed to Talamanchipatnam police station by the driver of the

vehicle by name B. Bhaskar. The police registered the case under section 435 of IPC

under FIR No. 46/2006. Ex. A1 is the Xerox copy of policy bearing No.

611204/31/05/01/00001859 issued by the respondent. Ex. A2 is the Xerox copy of

FIR issued by Talamanchipatnam police station. The said fire accident was intimated

to the respondent by the complainant and they deputed one surveyor to assess the

loss occurred to the vehicle. The counsel for the complainant argued that the entire

original record of Bolero vehicle were kept in the dash board of the said vehicle and in

the said accident all the records were burnt into ashes and the same was informed to

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the Sub-Inspector of police, Talamanchipatnam and they have issued certificate that

all the original records were burnt in the accident. Ex. A3 is the Xerox copy of police

certificate issued by Sub-Inspector of police, Talamanchipatnam police station dt.

7-7-2006. The complainant made insurance claim for Rs. 5,00,000/- towards cost of

the vehicle. The complainant stated that he has not claimed any excessive amount

from the respondent company. But the respondent company deliberately postponed

the matter without releasing the amount to the complainant. Ex. A4 is the Xerox

copy of driving license of the driver, who was on the wheels issued on 11-7-2006 by

R.T.A, proddatur. Knowing the fact that all the original records were burnt in the fire

accident still the respondent company is insisting the complainant to submit the

permit of the vehicle and fire brigade report, Registration certificate and driving

license etc., Ex. A5 is the letter dt. 8-3-2007 issued by the respondents for

submitting the documents. Ex. A6 is the letter dt. 26-3-2007 issued by the

respondents informing the closer of the complainant file. In the letter dt. 26-3-2007

issued by the respondent they have stated that they have not received any relevant

documents from the complainant. So they are closing the file as there is no claim.

7. The complainant alleged negligence and deficiency of service and he

issued a legal notice dt. 12-10-2008 calling upon the respondent to settle this claim

at an early with costs and compensation. Ex. A7 is the Xerox copy of Registration

certificate of vehicle bearing No. AP 04 V ; 1177. Ex. A9 is the courier receipt dt.

13-10-2008 and Ex. A10 is the no due certificate from the Financier to the

complainant. The respondent in their counter denied the allegations made by the

complainant at the out set the respondent stated that the present case will not come

under the purview of C.P. Act as there is no any negligence or deficiency of service on

the part of the respondent. In fact they requested the complainant to produce

Registration certificate, permit, driving license and fire brigade report etc., Inspite of

several requests and reminders the complainant has not furnished the said

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documents so the respondent company has no other go except closing the file

treating as no claim. So there is no negligence or deficiency of service on their part.

To substantiate his arguments the respondent counsel filed one judgement of State

Consumer Dispute Redressal Commission, Rajasthan, Jaipur in case No. 39/1993 in

which their Lordship have clearly stated that the C.P. Act 1986 – Sections 12 & 17 –

Deficiency in insurance service – Van insured damaged in an accident – Claim not

settled till filing of complaint – Documents produced showing that complainant was

called upon to produce driving license of driver, registration certificate etc., which

were not furnished – Not a case of deficiency in service.

8. Ex. B1 is the Xerox copy of letter from respondent to complainant dt.

8-3-2007. Ex. B2 is the acknowledgment of the petitioner. Ex. B3 is the letter of

respondent issued to the complainant dt. 26-3-2007. After the fire accident the

respondent company has deputed one surveyor to assess the loss occurred to the

said vehicle and the surveyor opined that the vehicle was not economical or advisable

for repair and he assessed the net liability @ Rs. 2,81,000/- on salvage loss basis.

The petitioner has issued a consent letter to the respondent company that he is

accepting for the settlement of the claim on salvage loss basis for Rs. 2,81,000/- as

full and final settlement of their claim under the policy. Further the respondent

counsel stated that they came to know that the petitioner did not paid life tax of Rs.

36,800/- to the transporting authority and they have issued a memo dt. 22-9-2006

to the complainant. Ex. B5 is the Xerox copy of surveyors report dt. 14-9-2006 and

Ex. B6 is the consent letter of the complainant. The respondent counsel further

stated that as they have not received any relevant document from the complainant

they have not settled the claim of the complainant, and to settle the claim they need

particular documents. But the complainant stated that all the originals were burnt

in the fire accident, but what prevented the complainant to submit the certified

copies of Registration certificate, permit, Driving license and fire brigade report

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before respondent company. No doubt that the Bolero vehicle was burnt into ashes

and there is no any necessity of fire brigadier report to the respondent company. By

seeing memo dt. 22-9-2006 issued by RTA authorities to the complainant the

complainant has to pay life tax of Rs. 36,800/- to the Transporting authority and he

can get certified copies of Registration certificate, permit, etc., documents. The

complainant is directed to pay the life tax to the RTA Authority. After securing the

relevant certified copies from the license authority, the complainant is directed to

submit the certified copies before the respondent company and on verification the

respondent is directed to pay Rs. 3,50,000/-. Hence, the points are answered

accordingly.

9. Point No. 3 In the result, the complaint is allowed, directing the

respondent to pay Rs. 3,50,000/- (Rupees three lakhs fifty thousand only) without

interest, costs and compensation, subject to production of documents required by the

respondent within 30 days from the date of receipt of the order and then on

verification the respondent is directed to pay the claim amount within 30 days. The

rest of the claim is dismissed.

Dictated to the Stenographer, transcribed by him, corrected and pronounced

by us in the open forum, this the 11

MEMBER MEMBER PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant : NIL For Respondent : NIL

Exhibits marked for Complainant : -

Ex. A1 X/c of policy issued by respondent in favour of the complainant.

Ex. A2 X/c of FIR No. 46/2006 of Talamanchipatnam police station.

Ex. A3 X/c police certificate issued by Sub-inspector, Talamanchipatnam.

Ex. A4 X/c of driving license issued by licensing authority, ARA Proddatur.

Ex. A5 X/c of letter from respondent to complainant, dt. 8-3-2007.

Ex. A6 Letter from respondent to complainant, dt. 26-3-2007.

Ex. A7 X/c of registration certificate issued by Addl. Licensing authority,

Proddatuyr.

Ex. A8 X/c of notice from complainant’s advocate to respondent, dt. 12-10-2008

Ex. A9 Courier receipt dt. 13-11-2008.

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Ex. A10 X/c of letter from Cholamandalam to complainant.

Exhibits marked for Respondents: -

Ex. B1 X/c of letter from respondent to complainant, dt. 8-3-2007.

Ex. B2 X/c of acknowledgement card.

Ex. B3 X/c of letter from respondent to complainant, dt. 26-3-2007.

Ex. B4 X/c of memo from RTA, Kadapa to complainant dt. 22-9-2006.

Ex. B5 X/c of Motor survey report final , dt. 14-9-2006.

Ex. B6 X/c of letter from complainant to respondent.

MEMBER MEMBER PRESIDENT

Copy to :-

1) Sri G. Trivikram Singh, Advocate,

2) Sri D. Lakshminrayana, Advocate.

1) Copy was made ready on :

2) Copy was dispatched on :

3) Copy of delivered to parties :

B.V.P. - - -