CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 05th day of April 2014
CC.NO.199/2013
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 25/11/2013
: SMT. SHINY.P.R ,MEMBER
: SMT.SUMA K.P, MEMBER
K.C. Mohanan
S/o. Chandrasekharan,
6/832,Koppathil House,
R.V.P. Pudur Road,
Kozhinjampara ( P.O),
Palakkad(Dist) – 678 555. : Complainant
( Party in person)
Vs
The Divisional Manager,
The New India Assurance Co. Ltd.,
Divisional Office, Palakkad ( 761100),
N.S. Towers, Near Stadium Bus Stand,
Palakkad – 678 013. : Opposite party
(By Adv. T.P. George)
O R D E R
By Smt. Shiny . P. R. Member.
Complaint in brief:- The complainant is the owner of Motor Cycle bearing Reg. No.KL-9AC-5575 and the same was insured with opposite party. The insured Vehicle met with an accident on 27/04/2012. On 30/05/2012 he preferred a claim form for damages along with all relevant documents. Then opposite party directed to repair the vehicle and submit the bill. Because of financial crisis, he could not repair the vehicle in time. After repairing the Vehicle on 27/07/2013, that the complainant submitted the bill as per the direction of opposite party and opposite party repudiated the claim on 24/09/2013. This act of opposite party amounts to deficiency of service. Hence the complaint.
Opposite party entered appearance and filed version. In their version they admitted the vehicle was having valid insurance coverage at the time of accident. Their
contention is that the complainant’s son was not having a valid Driving Licence at the time of accident and was holding only a Learners Licence. He was not accompanied by a person having a valid Driving Licence to control the vehicle and the insured vehicle was not having ‘L’ Board displayed on the vehicle. According to opposite party, there was a violation of the provisions of Rule 3 of Central Motor Vehicle Rules 1989. Hence the complaint had to be dismissed.
Both parties filed their chief affidavits. Ext. A1 to A8 marked on the side of complainant and Ext.B1 to B8 marked on the side of opposite party.
The following issues are to be considered.
- Whether there is any deficiency in service from the part of opposite party?
- If so what is the relief and cost?
ISSUES 1 & 2
There is no dispute regarding the fact that the complainant was the owner of Motor cycle and the same was insured with opposite party. The insured vehicle met with an accident on 27/04/2012. Admittedly the vehicle was having valid insurance coverage at the time of accident. On 30/05/2012 complainant submitted the claim form (Ext. B1) along with FIR, Learner’s Licence of his son Gowthaman and R.C copy. But without going through the documents filed before opposite party, they directed to repair the vehicle and submit the bills to honour the claim. Believing the words of opposite party, the vehicle was repaired by the complainant and he had to spend an amount of Rs. 25,210/-. ( Rupees Twenty Five Thousand Two Hundred and ten only) towards the repair charges. Opposite party ought to have repudiated the claim at the very beginning on filing the claim form itself ie. 30/05/2012 or they had directed to produce the valid Driving Licence of pillion rider. Inspite of this on 31/07/2013, Opposite party sent a letter (ExtB4) to complainant for furnishing permanent license of Mr. Gowthaman. On perusing the documents produced by opposite party , ie. Ext B8 etc. Opposite party sent a letter dated 31/07/2013, stating that on scrutiny of the claim file, we find that FIR and final investigation report is not available and to furnish permanent licence of Mr. Gowthaman if any. The complainant filed FIR and
other documents along with claim form. If the complainant had not filed the FIR and Permanent Licence on the date of filing claim form, they ought to have directed the complainant to produce the permanent licence at the earliest and not on 31/07/2013. The complainant had spent lakhs of rupees towards the treatment of his son Gowthaman. Besides this, as per direction of opposite party he had spent Rs. 25,210/- to repair vehicle and had also opened a Saving Bank Account in Indian Bank. If opposite party had verified the documents produced by the complainant earlier, they would intimated their inability to honour the claim. If the opposite party had verified the document at the initial stage itself, they would have found that the complainant is holding only a Learner’s Licence, the matter can be informed to the complainant at the very earliest occasion. Instead, the opposite party had repudiated the claim after a period of one year and four months. By delaying the process, opposite party had created an impression of honouring the claim. It clearly indicates that there is deficiency in service on the part of opposite party in keeping the claim pending without taking any decision for long time which caused financial loss and mental agony to the complainant. Opposite party have not taken decision in proper time. By this context, we attribute deficiency of service on the part of the opposite party. Complainant is not entitled for the claim amount as the same is not payable as per the conditions of the policy.
In view the above discussions, we allow the complaint partly. Opposite party is directed to pay Rs. 10,000/-(Rupees Ten Thousand only) as compensation for the mental agony suffered for deficiency in service and Rs. 1000/-(Rupees Thousand only) as cost of proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 05th day of April 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - copy of FIR dated 28/04/2012
Ext.A2 - copy of Policy Schedule Cum Certificate of Insurance.
Ext.A3 - copy of Certificate of Registration.
Ext.A4 - copy of Learner’s Licence ( Gowthaman.M )
Ext.A5 - copy of Bill Invoice dated 24/07/2013
Ext.A6 – copy of Pass Book of complainant.
Ext.A7 - copy of repudiation letter issued by opposite party to the complainant dated
24/09/2013.
Ext.A8- copy of policy certificate issued by the opposite party.
Exhibits marked on the side of the opposite party
Ext. B1 – Original Motor Claim Form duely filled by complainant.
Ext. B2 – Copy of Policy Schedule Cum Certificate of Insurance issued by the opposite
party to the complainant.
Ext. B3 – copy of FIR dated 28/04/2012
Ext. B4 – Copy of letter sent by the opposite party to the complainant dated
31/07/2013.
Ext. B5 – Original of letter sent by the complainant to opposite party dated 10/09/2013.
Ext. B6 – Original of Motor survey report ( final) dated 20/07/2013
Ext.B7 – Repudiation Letter sent by the opposite party to the complainant dated
24/09/2013.
Ext. B8 – copy of Learner’s Licence ( Gowthaman.M )
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 1,000/- (Rupees one thousand only) allowed as cost of the proceeding.
