Karnataka

Chitradurga

CC/150/2018

K.Chandrashekarappa - Complainant(s)

Versus

The Branch Manager,The Oriental insurance Co Ltd., - Opp.Party(s)

Sri.N.G.Krishnamurthy

20 Dec 2018

ORDER

COMPLAINT FILED ON :06/08/2018

               DISPOSED ON:20/12/2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 150/2018 DATED:20th DECEMBER 2018

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

                                 BSc.,MBA., DCA.,

LADY MEMBER

COMPLAINANT/S

K. Chandrasekharappa S/o M.P. Kallappa, Aged about 68 years, Advocate, R/o 5th Cross, J.C.R. Extension, Chitradurga.   (Rep by Smt/Sri.N.G. Krishna, Advocate)

OPPOSITE PARTIES

1. The Branch Manager, The Oriental Insurance Co., Ltd, Sharada Complex, Opp:, to KSRTC Bus Stand, Chitradurga.   2. The Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, A.M. Arcade, Near Vidyarthi Bhavan, C.G. Hospital Road, Chitradurga.   3. The Regional Manager, The Oriental Insurance Company Limited, Regional Office, Enkay Complex, Keshavapura, Hubli.   (Rep by Smt/Sri.L. Madhusudhan, Advocate)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the OPs to direct the OP to pay Rs.1,65,000/- and to grant such other reliefs.

2.     Brief facts of the complaint is that, he is a panel Advocate of the OPs and he conducted many cases on behalf of OPs from the year 2000 up to 2010.  After 2010, the OPs have stopped to send the matters to the complainant.  After that, the OPs have not settled the fees of the complainant towards rendering services of the matters send by the OPs.  Thereafter, the complainant approached so many times to OP No.1 and 2 and requested them to settle the fees, but the OPs have neglected to settle the same.  Finally, the complainant has issued legal notice to the OPs claiming fees for conducting cases send by the OPs.  After service of notice, the OPs have not settled the claim and hence, prayed for allow the complaint.

   3.  After service of notice to the OPs, the OPs appeared through Sri.L. Madhusudhan, Advocate, but not come forward to file version, affidavit and filed only two letters dated 14.11.2018 and 29.11.2018.   

 

 4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 to A-3 and closed his side.  OPs have not examined any witness and they have not produced any documents to disprove the case of the complainant.

 

5. Heard the arguments.

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OPs have committed deficiency of service in settling the fee for conducting the cases as referred by the OPs and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

       

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

 

        Point No.1:-Partly Affirmative.

        Point No.2:- As per the final order.

::REASONS::

 

8. Point No. 1:-It is the case of the complainant that, complainant was a panel Advocate of OP insurance company.  The OPs have referred the cases to the complainant to conduct the same up to 2010.  After 2010, they stopped to send the matters to the complainant.  After that, the complainant requested the OPs to settle the fee for attending the cases as referred by them, but the OPs have neglected to settle the claim of the complainant.  Finally, the complainant has issued legal notice to the OPs, the notice send by the complainant was served to the OPs.  But, they have not settled the claim of the complainant.  As per the complaint filed by the complainant, he asked the amount of Rs.1,65,000/- from the OPs towards fee.  After that, the complainant has filed a memo of calculation stating that, the OPs were due for Rs.70,270/-, that memo of calculation was filed on 15.11.2018 before this Forum.  The Advocate for OPs filed two letters on 14.11.2018 and as per the letter the OPs have already paid Rs.34,100/- to the complainant and another letter dated 29.11.2018, as per the said letter, the entire fee was paid to the complainant and there is no due towards fee.  The letter dated 14.11.2018 send by the Ops states that, the OPs have paid Rs.34,100/- to the complainant, but as per the memo of calculation filed by the complainant, the OPs are still due for Rs.70,270/- out of this amount, the OPs have paid Rs.34,100/- through cheque dated 14.11.2018 that amount was already received by the complainant, the remaining amount is only Rs.39,690/-, the same is to be paid by the OPs. 

  

9.    We have gone through the affidavit, and written arguments along with exhibits filed by the complainant.  It clearly shows that, the OPs are due for a sum of Rs.70,270/- as on 15.11.2018.  But the OPs have paid Rs.34,690/- on 14.11.2018 through cheque and the remaining amount is Rs.39,580/-.  The complainant has issued legal notice to the OPs claiming fee for conducting cases referred by the OPs.  But the OPs have neglected for settling the fee to the complainant and hence, there is a deficiency in service on the part of OPs.  Therefore, this Forum comes to the conclusion that, the complainant is entitled for the compensation.  Accordingly, we answer Point No.1 held as partly affirmative. 

 

10.   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 complainants U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that the OPs are hereby directed to pay a sum of Rs.38,580/- to the complainant along with interest @ 9% p.a from 14.11.2018 till realization.

 It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards mental agony and Rs.3,000/- towards costs of this proceedings to the complainant. 

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

 

(This order is made with the consent of Lady Member after the correction of the draft on 20/11/2018 and it is pronounced in the open Court after our signature)

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dated 19.06.2018
02	Ex-A-2:-	Two postal receipts
03	Ex-A-3:-	Two postal acknowledgements

 

Documents marked on behalf of OP:

 

-Nil-

 

LADY MEMBER                               PRESIDENT

Rhr.