In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 409 / 2009.
1) Md. Kaimuddin Khaja,
Vill. Balighara, Musalmanpara, Dist Hooghly, Pin-712301. ---------- Complainant
---Versus---
1) The Manager, Reliance General Dhirubhai Ambani Group,
Reliance General Insurance Co. Ltd.,
Himalaya House, 5th Floor, 38B, J.L. Nehru Road, Kolkata-700071.
2) The Managing Director, Reliance General Insurance Co. Ltd.
570, Rectifier House, Naigaum Cross Road, Wadala(W), Mumbai-31
3) Md. Aslam, Old Line Ganges Jute Mill,
Bansberia, P.S. Mogra, Dist. Hooghly. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 25 Dated 31/08/2012.
The petition of complaint has been filed by the complainant Md. Karimuddin Khaja against the o.ps. Reliance General Insurance Anil Dhirubhai Ambani Group, Reliance General Insurance Co. Ltd. and others. The case of the complainant in short is that complainant is a owner of a lorry and the said vehicle of the complainant was insured by Reliance General Insurance Co. Ltd. vide policy no.1506372329104048 having validity period on and from 20.9.07 to 19.9.08 and complainant deposited Rs.24,943/- against the said policy to o.p. nos.1 and 2 through his one near relative namely Md. Aslam i.e. proforma o.p.
The said vehicle of the complainant met with an accident on 5.1.08 causing severe damage to the vehicle in question. Then a specific case u/s 279 IPC was lodged to concern P.S. Aurangabad, Bihar on 7.1.08 stating the cause of said accident and damages. That after complainant with the help of said near relative (o.p. no.3) took the said damaged vehicle to one garage at Boropara, P.O. Bansberia, P.S. Mogra, Dist. Hooghly and he sent all cost for bringing the same and the fact of accident and damage to the said vehicle insured, was informed within time to the office of o.ps. insurer as per terms and condition of the said policy and claim form with estimate of damage of Rs.2,50,000/- sustained due to the said accident was submitted to the officer of o.ps. along with all relevant documents for settlement of the claim in question which was received by o.ps. and after relevant inspection and survey by o.ps. after 10 months from the date of accident. Complainant received the letter dt.23.10.08 issued b y o.p. no.1 wherein it transpired that the said claim was not payable as because the driver of the said truck had no valid driving license at the relevant time of the said accident in question and as such, o.ps. repudiated the claim of complainant. As per complainant the repudiation of the claim of complainant by o.ps. is not at all justified. Hence, the case was filed by complainant with the prayer contained in the petition of complaint.
All the o.ps. have entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. The contention of o.p. is that they repudiated the claim of the complainant on the ground that the driving license of the driver of the vehicle in question was found vague / not valid license on the basis of enquiry taken up by o.p. with the concerned MV authority. From the materials on record it appears that the complainant observed all the formalities as envisaged in Motor Vehicle Act while engaging the driver of his vehicle and the complainant took adequate care and caution to verify the genuineness of the license held by the driver and the complainant did not have any knowledge that his driver is holding invalid license.
In this regard we rely upon the case law of the Hon’ble Supreme Court of India published in III (2006) ACC 73J (SC) and we hold that o.p. had deficiency being a service provider to its consumer / complainant in repudiating the claim of the complainant and we hold that the complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.p. nos.1 and 2 and without cost against o.p. no.3. O.p. nos.1 and 2 are jointly and/or severally directed to pay a sum of Rs.2,50,000/- (Rupees two lakhs fifty thousand) only for damages sustained to vehicle no.WB-57A 1092 belonging to complainant for accident dt.5.1.08 and are further directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization. O.p. nos. 1 and 2 are directed to pay aforesaid Rs.2,50,000/- (Rupee two lakhs fifty thousand) only together with interest @ 9% p.a. from the date of repudiation of the claim of the complainant till the date of realization.
Supply free certified copy of this order to the parties as per Sec 21(1) of the Consumer Protection Regulation.
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MEMBER MEMBER PRESIDENT
