By Sri. Jose.V. Thannikode, President:
The complaint is filed for getting refund of the insurance premium amount, cost and compensation from the Opposite Parties who were not insured the Complainant's vehicle after receiving the premium amount from the Complainant.
2. The Brief of the case:- The Complainant purchased a Maruthi SX4ZDI Car and registered as KL 12F 1708. The said vehicle was booked through the Opposite Party No.1 and gave Rs. 22,161/- to the Opposite Party No.1 for taken the insurance policy for the vehicle. The Opposite Party No.3 were given the certificate of the package policy bearing No.300378531 covering the period from 22.03.2011 to 21.03.2012 for the said vehicle. Since the insurance period of the policy expires on 21.03.2012 the Complainant approached the Opposite party No.3 for the renewal of the policy with request of claim of No-claim Bonus. But it is surprisingly found that the policy issued by the Opposite Party No.3 was canceled from the very inception itself , the reason only knows to the Opposite Parties. No communication was send to the Complainant regarding the cancellation of the policy. So that the Opposite Party No.3 was not ready to renew the policy with No-claim Bonus.
3. Hence the complaint prays that the Forum may direct the Opposite Parties to give Rs.22,161/- with 12 % interest from 23.03.2011 and the lost No-claim Bonus amount of Rs.4,432/- and cost of the complaint and Rs.2,00,000/- as compensation for the mental agony and sufferings.
4. The Complaint filed on 26.03.2012. Notice were send to Opposite Parties and Opposite Parties were appeared before the Forum on 19.5.2012 and filed version subsequently.
5. Opposite parties No.1 & 2 filed version in short it is as follows:- Opposite parties No.1 and 2 stated in their version that they have collected the insurance premium from the complainant and took the insurance policy provisionally and later the complainant intimated the opposite party No.1 and 2 to cancel the policy. So the opposite parties No.1 &2 canceled the policy from the opposite party No.3 and advised the complainant to come and collect the policy amount, but the complainant could not turn up. But in the month of March 2012 the complainant and her representative came to their office and demanded to renew the policy for the future period for free of cost and to return the amount already collected from the complainant and to pay a compensation of Rs.10,000/- as they did not return the amount collected from the complainant even after cancellation of the policy. But the opposite parties No.1 & 2 informed the complainant's representative that they are ready to take a new policy by using the amount already received by these opposite parties or to refund the same. But the complainant and her representative was not ready for the same and further states that the complainant not lost the No-claim Bonus because they were canceled the policy from inception and stated that no loss or no mental agony was caused to her as the vehicle was not involved in any accident or any untoward incident and stated that no deficiency of service from their part and respectfully prayed to dismiss the complaint with cost of the opposite parties.
6. Brief of the version filed by opposite party No.3:- Opposite party No.3 stated that the above said vehicle was insured with the opposite party No.3 and the policy Number was MPA3378531000100 in respect of Maruti SX4 vehicle No. KL 12 F 1708 and the coverage of the policy period is from 22.03.2011 to 21.03.2012 and submitted that the said policy was in vogue for one complete year till 21.03.2012 and got lapsed thereafter as the complainant did not approach this opposite party to renew the same by paying the renewal premium, a copy of the policy No. MPA3378531000100 with the terms is marked as Ext.A3 and also stated that the
complainant had ever approached this opposite party for renewal of the said policy as alleged herein and also submitted that the complainant is not entitled to any No-Claim Bonus as the complainant did not opt for renewing the policy with the opposite party No.3 and thereafter prayed for dismissal of the complaint with compensatory cost to this opposite party.
7. On considering the complaint, version and affidavit field by the parties the following points are to be considered:
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
8. Point No.1:- To prove complainant's case he filed proof affidavit in addition to the complaint and she stated as stated in the complaint. She produced Exts.A1 to A4 documents. Ext.A1 is the Ledger issued by the opposite parties No.1 &2 to the complainant. Ext.A2 is the copy of the Registration Certificate of the vehicle bearing No. KL 12 F 1708. Ext.A3 is the copy of the Insurance Policy for the vehicle bearing Engine No.1575394 Chase no.183390. Ext. A4 is the Calculation submitted by the opposite party No.1.
9. On perusal of the complaint, versions, affidavit and deposition of the parties , we are convinced that the complainant paid Rs.22,161/- to the opposite party No.1 on 22.03.2011. It is evidenced from the version and deposition of opposite parties No.1 & 2 and also learned that the amount is still with the opposite party No.1 and 2, non refund of the amount to the complainant by the opposite parties No.1 & 2 even after cancellation of Policy is deficiency of service from the side of the opposite parties No.1 & 2 and opposite parties No.1 & 2 is liable to refund the amount to the complainant with interest, cost and compensation. No deficiency of service from the side of Opposite party No.3 and Opposite party No.3 is unnecessarily impleded as parties to the case and they are entitled to get the cost of the proceedings and the opposite parties No.1 & 2 are liable to compensate the same. The point No.1 is found accordingly.
10. Point No.2:- The complainant is entitled to get Rs.22,161/- with 8% interest from the date of filing this complaint ie 26.03.2012 and also entitled to get Rs.1,000/- as compensation and Rs.1,000/- as cost of this petition and opposite party No.3 is entitled to get Rs.1,000/- as cost of this proceedings. All this amount is to be paid by opposite parties No.1 & 2 equally. The point No.2 is decided accordingly.
In the result the complaint is partly allowed and opposite Party No.1 and 2 is directed to pay Rs.22,161/- (Rupees Twenty Two Thousand One Hundred and Sixty One) only with interest @ 8% per annum from 26.03.2012 and Rs.1,000/- (Rupees One Thousand) only as compensation and Rs.1,000/- ( Rupees One Thousand) only as cost to the complainant and Opposite parties No.1 and 2 are also directed to pay Rs. 1,000/- ( Rupees One Thousand) only as cost to the opposite party No.3. This Order should be complied within one month from the receipt of a copy of this Order. The delay thereafter if any for payment will bear an interest @12% per annum.
Dictated to the Confidential Assistant and transcribed by him and corrected by me and Pronounced in the Open Forum on this the 12th day of July 2013.
Date of Filing:26.03.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Ajithakumari. Complainant.
Witness for the Opposite Parties:
OPW1. Sajan. Sales Manager, Indus Motors,
Kalpetta.
Exhibits for the complainant:
A1. Copy of Ledger Account.
A2. Copy of Registration Certificate.
A3. Copy of Insurance Policy.
A4. Copy of Chart.
Exhibits for the Opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
