Date of Filing : 12/05/205

Order No.  17  dt.  02/01/2018

       The case of the complainant in brief is that the complainant being the owner of a vehicle model no. Tata LPT 2512 insured with o.p. insurance company and the policy was valid from 28,8.14. The complainant paid the premium of Rs.28,806/- and after receiving the said amount the policy was issued being policy no.P0015400018/4103/106907 and the same was valid till 28.8.15. During the subsistence of the policy the complainant received within a few days from o.ps. being the policy no. P0015400018/4103/107084 and the same was valid from 11.1.14 till 10.11.15. After receiving those policies the complainant became confused and through a lawyer’s notice wanted to get the clarification from o.ps. Because of such anomalous situation the complainant filed this case praying for direction upon the o.ps. to withdraw the 2^nd policy and acknowledge the initial one being policy no. P0015400018/4103/106907 valid till 28.8.15 and also prayed for compensation and litigation cost.

            The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the insurance policy initially issued by o.p. no.2 had been cancelled due to premium cheque bounced. The o.ps. duly intimated the complainant regarding the dishonor of the cheque, but after receiving the same the complainant failed to make any alternative payment of premium, as such, o.p. no.2 cancelled to insurance policy bearing no. P0015400018/4103/106907 initially issued in favour of the complainant, Sri Dilip Chowdhary in respect of the vehicle bearing regn. no.WB-19/E-8225 (Tata LPT 2518 truck). Subsequently the complainant made the alternative payment and as such, o.p. no.2 issued a fresh insurance policy bearing no. P0015400018/4103/107084 having validity from 11.11.14 to 10.11.15. The complainant suppressed the above material facts and filed this case. On the basis of the said fact o.ps. prayed for dismissal of the case.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant had the policy issued by o.ps. after payment of the premium?
2. Whether the cheque issued in respect of the said policy bounced ?
3. Whether the 2^nd policy issued by o.p. was valid after acceptance of the premium?
4. Whether there was any deficiency in service on the part of o.ps.?
5. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that the complainant being the owner of a vehicle model no.Tata LPT 2512 insured with o.p. insurance company and the policy was valid from 28,8.14. The complainant paid the premium of Rs.28,806/- and after receiving the said amount the policy was issued being policy no.P0015400018/4103/106907 and the same was valid till 28.8.15. During the subsistence of the policy the complainant received within a few days from o.ps. being the policy no. P0015400018/4103/107084 and the same was valid from 11.1.14 till 10.11.15. After receiving those policies the complainant became confused and through a lawyer’s notice wanted to get the clarification from o.ps. Because of such anomalous situation the complainant filed this case praying for direction upon the o.ps. to withdraw the 2^nd policy and acknowledge the initial one being policy no. P0015400018/4103/106907 valid till 28.8.15 and also prayed for other reliefs.

            Ld. lawyer for the o.ps. argued that the insurance policy initially issued by o.p. no.2 had been cancelled due to premium cheque bounced. The o.ps. duly intimated the complainant regarding the dishonor of the cheque, but after receiving the same the complainant failed to make any alternative payment of premium, as such, o.p. no.2 cancelled to insurance policy bearing no. P0015400018/4103/106907 initially issued in favour of the complainant, Sri Dilip Chowdhary in respect of the vehicle bearing regn. no.WB-19/E-8225 (Tata LPT 2518 truck). Subsequently the complainant made the alternative payment and as such, o.p. no.2 issued a fresh insurance policy bearing no. P0015400018/4103/107084 having validity from 11.11.14 to 10.11.15. The complainant suppressed the above material facts and filed this case. On the basis of the said fact o.ps. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant being the owner of the vehicle applied to o.ps. for having a policy. It appears from the materials on record that the complainant issued a cheque and the said cheque was dishonoured which was communicated to the complainant, but the policy issued in favour of the complainant with note in the said policy subject to realization of the cheque amount. Since the cheque was dishonoured the said cheque could not become valid. The complainant was informed the said fact by o.ps., subsequently the complainant paid the premium in cash for which the policy being no. P0015400018/4103/107084 was issued and the policy remained valid from 11.11.14 to 10.11.15. The complainant was informed of the fact of dishonouring of the cheque in respect of earlier policy issued by o.p. no.2. The complainant after coming to know of the said fact paid the amount in cash and subsequently the policy was issued. Since the complainant did not come with clean hands and by suppressing the material fact filed this case against the o.ps, therefore we hold that there is no substantive material for which the complainant will be entitled to get any relief from o.ps. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.242/2015 is dismissed on contest without cost against the o.ps.  

            Supply certified copy of this order to the parties free of cost.