Karnataka

StateCommission

A/263/2016

Arun Kumar - Complainant(s)

Versus

The Manager Karnataka Bank Ltd - Opp.Party(s)

Srihari K

06 Apr 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 06^TH DAY OF APRIL 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 263/2016

 

Arun Kumar S/o. Srinivasalu Railway Contractor Sri Krishna Nilayam Vidhya Nagar, Batri Road, Bellary (By Sri. Srihari K.) V/s	……Appellant
1.  The Manager Karnataka Bank Ltd.      Meenakshi Circle, Bellary      Represented by its Branch Manager 2.  The Manager, Universal Sompo      General Insurance Co. Ltd.      #2A, 2nd Floor, #84      Ramson Complex      P.B Road, Hosur, Hubli - 580021	…Respondents

 

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed against the order dated 08.01.2016 passed in C.C.No.121/2015 on the file of District Consumer Disputes Redressal Forum, Bellary.

2. It is the case of the complainant that he purchased Hydraulic mobile crane on 30.09.2013 for Rs.11,85,001/- with the assistance of OP No.1 bank.  OP No.1 bank insured the said crane with OP No.2.  During subsistence of the policy, during working on 27.10.2014 the crane got turtled and got fully damaged including entire cabin.  OP Nos. 1 & 2 were informed about the incident.  OP No.2 appointed a surveyor and survey was conducted and he submitted his report to OP No.2.  The claim of the complainant was repudiated.  Hence, the complaint.
3. The District Forum dismissed the complaint.
4. Heard counsel for appellant/ complainant. 
5. Perused the order.  The complaint came to be dismissed for non-opting for IMT 47 and for non-paying additional premium to cover the risk.  In the complaint OP No.1 is bank and OP No.2 is insurance company.  It appears forum has failed to get clarification from bank and insurance company on this condition.  Hence, after getting clarification District Forum is directed to consider the case of the complainant afresh and to dispose of the matter within three months from the date of receipt of this order.  Accordingly, appeal is allowed.

 

MEMBER                   JUDICIAL MEMBER          PRESIDENT

CV*