Jharkhand

Bokaro

CC/63/2019

Jagnarayan Singh - Complainant(s)

Versus

The Manager chola MS General Insruance Co. Ltd. - Opp.Party(s)

30 Jan 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-22-03-2019

Date of final hearing-30-01-2023

 Date of Order-30-01-2023

Case No. 63/2019

Jagnarayan Singh S/o Sri Bijay Narayan Singh,

R/o village- Rangamati, Jharnadih, P.S.- Chandrapura,

 District- Bokaro, Jharkhand

Vs.

The Manager chola MS General Insruance Co. Ltd.

Head Office- Dare House, 2^nd Floor No.2, NSC Bose Raod,

Chennai-600001

 Branch Office- Om Tower, 2^nd Floor, Q- Road,

Bistipur, Jamshedpur, District- East Singhbhum, Jharkhand

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

        Shri Bhawani Prasad Lal Das, Member

          

PER- J.P.N Pandey, President

-Judgment-

1. Complainant’s case in brief is that his Scorpio having registration No. JH-10-AN-7902 was insured with Chola M.S. General Insurance Co. Ltd. Vide Police No. 3362/01538355/000/00 valid from 14.05.2018 to 13.05.2019 but said vehicle met with an accident on 15.05.2018 which was intimated to Insurance Co.  then it was informed by the Insurance Co. that vehicle was not insured on 15.05.2018 rather it was insured from 26.05.2018 to 25.05.2019 hence claim has been repudiated. Therefore, legal notice was issued having no impact, hence case has been filed with prayer to direct O.P. to pay Rs. 5,38,747/- (the repair cost of the vehicle) with interest  @ of 12% and to pay Rs. 30,000/- and Rs. 10,000/- as compensation and litigation cost respectively.
2. W.S. has been filed by the O.P. M/S Chola Mandalm Insurance Co. Ltd. mentioning therein that alleged policy has not been issued by this O.P. rather it is bogus one and police issued by this O.P. is valid from 26.05.2018 to 25.05.2019 hence case is liable to be dismissed.
3.  Now, question for determination is whether complainant is entitled to get relief as claimed or not?
4. It transpires from the papers annexed with the record that alleged policy No. 3362/01538355/000/00 filed by the complainant  is not bearing hologram of the insurance company and it has been issued on 26.05.2018 therefore, it is very much clear that the policy paper which is being used by the complainant is not a genuine one paper contrary to it policy paper annexed with the W.S. shows that it is bearing same number i.e. 3362/01538355/000/00 and it was issued on 26.05.2018 valid from 26.05.2018 to 25.05.2019. Therefore, on the alleged date of accident i.e. on 15.07.2018 vehicle concerned was not insured with O.P. Insurance Co. and contrary to it there is no genuine and convincing evidence from the complainant to prove his case. Therefore, we are of the view that complainant has not proved its case for grant of relief as claimed. Accordingly above point is being decided.
5. In light of above discussion this case is being dismissed on contest. In the facts and circumstance of the case parties shall bear their own costs.

J.P.N. Pandey)

                                                                                      President

                                                                  

              (B.P.L Das)

Sr. Member