| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 5 of 2019 Hrideswar Manab College Road, Silchar-4.……………………………………………………………………… Complainant. -V/S- - Divisional Manager, Oriental Insurance Co.Ltd.
Silchar Branch Office, Club Road. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Sri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared: - Mr. Ajmal H Laskar, Advocate for the complainant. Mr. Sashanka Deb, Advocate for the O.P. Date of Evidence 06-05-2019, 05-04-2019 Date of written argument 21-05-2019, 10-06-2019 Date of oral argument 27-06-2019, 03-07-2019 Date of judgment 17-07-2019 JUDGMENT AND ORDER Sri Bishnu Debnath, - Complaint under the provision of the Consumer protection Act,1986 has been filed by the complainant Sri Hrideswar Manab against the Divisional Manager, Oriental Insurance Co. Ltd, Silchar Divisional for award of claim of sum Insured and compensation.
- Brief facts:-
The complainant purchased a vehicle vide Registration No. AS-11/N-8428 and immediately after purchased of it insured the same with O.P-Insurance Co. vide Insurance Policy No. 322600/31/2018/11972. The Insurance coverage period was from 21-02-2018 to 20-02-2019. - However, on the date of purchasing the vehicle, one Abdul Kadir Barbhuiya and wife of Abdul Kadir Barbhuiya as per understanding with the complainant took away the vehicle from show-room and kept in their custody on the assurance to the complainant that the vehicle will use for earning profit and the complainant will get the profit monthly basis. As the aforesaid person did not pay any profit to the complainant, he approached to the said persons for getting back the vehicle but in vain and ultimately lodged an FIR to the O/C Silchar P/S against both the above couples. The O/C Silchar P/S registered Silchar P/S Case No. 1326/2018 U/S 406/420/34IPC for criminal breach of Trust and Cheating. The said information also send to the O.P by the complainant and submitted claim Form. The O.P repudiated the claim. Hence, this case.
- The O.P in his W/S stated inter-alia that the complainant purchased a private car insurance policy but as per the fact stated in the complainant and in other documents he handed over the said vehicle for commercial purpose to Abdul Kadir and another, which is a violation of insurance terms and conditions, vide clause I of limitation as to use given in the insurance policy. As such the O.P stated further that the complainant is not entitled to get any relief.
- During hearing both the complainant and O.P submitted deposition supporting affidavit and exhibited paper and document. Both sides’ counsels also submitted written arguments. I have also heard oral argument of both sides’ counsels and perused the evidence on record including written argument.
- In this case it is the fact as per the complainant that the complainant handed over the insured vehicle to Abdul Kadir Barbhuiya and Mussant Keyanath Altaf Laskar @ Anju for profit earning. Abdul Kadir Barbhiya took the custody of the vehicle at show-room of the vehicle on the date of purchase of it on the condition that the vehicle will be given on hire to NEPCO, Mizoram and for the earning of profit and the complainant will get Rs.40,000/- per month. However, from evidence on record, it is also revealed that though the complainant lodged a case of criminal breach of Trust and Cheating against Abdul Kadir Barbhuiya and another but during investigation the accused stated to police that the vehicle has been stolen away. The fact of stealing the vehicle is under investigation because police has not yet submitted charge-sheet though during investigation arrested Abdul Kadir. Hence, in that perflexion it is not clear as whether Abdul Kadir committed criminal breach of trust and cheating or the vehicle has been stolen away by unknown miscreant. Whatever may be the real fact but the O.P on its one reply dated 01-06-2018 to the complainant stated that criminal breach of trust is not covered in commercial vehicle but in the private car Policy the criminal breach of trust is within the coverage of policy condition.
- However, in the instant case the complainant once stated, the vehicle has been misappropriated and again stated that vehicle has been stolen away. Nevertheless, I have seen the insurance police vide Ext-1. It is a private car policy and as per terms and conditions the policy does not cover hire the vehicle or hand over the vehicle to other for reward.
- The fact in this case is very much clear that the complainant handed over the possession of the vehicle to Abdul Kadir Barbhuiya and another for earning profit on giving the vehicle on hire or reward. So in that note the insurance policy does not cover the risk of criminal breach of trust caused by Abdul Kadir Barbhuiya and another though policy is for a private car. Of course, a criminal case is maintainable. However, as per status report of police case above vide Ext-2 Abdul Kadir Barbhuiya stated to the police that the vehicle has been stolen away. The said fat is not yet established due to non-submission of investigation report to the Ld. CJM, Cachar by the investigation officer. Anyhow, if we think for a while that the vehicle has been stolen away from the custody of Abdul Kadir Barbhuiya and fact is communication to all concern then also the Ext-1 police does not cover the risk of theft because the complainant has violated the condition of Insurance Policy mentioned above for the reason that he used the vehicle for hire/reward by purchasing a private car policy.
- As such, in this case I am not finding any material to award reliefs as prayed for by the complainant and also I do not find any justification to grant relief as per equity.
- With the above, this case is dismissed on contest without cost. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 17th day of July,2019.
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