IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 143/S/2014.                           DATED : 29.09.2016.   

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : SRI PRATAP KUMAR MUNDHRA,  

  S/O Late Pokarmal Mundhra,

  R/O. Thirani Mill Compound, Milan Pally,                                                                

  Siliguri, P.O. & P.S.- Siliguri,

                                                              Dist.- Darjeeling (W.B.), Pin – 734 005.

O.P.                                        : THE MANAGER,    

  ICICI Lombard General Insurance Company Limited,

  Sevoke Road, Ghanshyam, 3^rd Floor, Plot - 737,

  Siliguri, Dist.- Darjeeling (WB)], Pin – 734 005.

FOR THE COMPLAINANT         : Sri S. K. Mitruka, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

          The complainant’s case in brief is that he obtained an insurance policy for his two wheeler vehicle from the OP, and the policy was valid from 15.02.2013 to 14.02.2014.  In September, 2013, the vehicle was badly damaged in an accident, and the complainant lodged his insurance claim with the OP, and he submitted bill showing that he incurred expenses of Rs.10,137/- for the repair of the vehicle.  The complainant sent letter through his ld advocate requesting the OP to pay the said amount, but to no avail.  Accordingly, the complainant filed this case praying that the OP be directed to pay him the said sum of Rs.10,137/-, and he prays for some other reliefs as well.          

The OP No.1appeared and contested the case by filing written version denying inter-alia all the material allegations as raised by the complainant.  The case of the OP No.1 is that the insured owner of the vehicle had no driving licence at the relevant time of the alleged incident.  As such the complainant is not entitled to get any compensation and other reliefs.     

To prove the case, the complainant has filed the following documents :-

1.       Xerox copy of Insurance Policy.

2.       Xerox copy of letter dated 11.02.2014 along with postal receipts.

3.       Xerox copy of the legal notice dated 18.07.2014 along with postal receipt.

Contd……..P/2

-:2:-

          OP has filed the following documents :-

1.       Intimation letter by the complainant Annexure – 1.

2.       Certificate cum Policy Schedule – Annexure 2.

3.       Driving Licence of the complainant – Annexure 3.

4.       Letter of Repudiation by the OP ICICI Lombard General Insurance Company Ltd. – Annexure 4.

          Complainant has filed evidence in-chief.

OPs have not filed evidence-in-chief.

          Complainant has filed Written Notes on argument. 

OPs have filed Written Notes of Argument.

Points for determination

1.       Is there any deficiency in service on the part of the OP ?

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason             

          Both issues are taken up together for the brevity and convenience of discussion.

The complainant’s case of claim regarding the accident took place on 18.09.2013 while the complainant was driving the said two wheeler vehicle, which faced accident.  The total repairing cost was Rs.10,137/-.  But the OP Insurance Company did not pay the said sum on the ground that the complainant had no driving licence on the date of accident i.e., on 18.09.2013.  The OP has filed Xerox of Driving Licence bearing No.7319820235259, Date of issue : 09.12.2013 and valid upto 08.12.2018 in the name of Pratap Kr. Mundra, S/O. Lt. P. M. Mundra, Date of birth is 09.02.1963. 

The complainant has submitted in his examination-in-chief dated 11.03.2016 in para 4 that complainant had/has the valid Driving Licence [valid from 09.12.2013 to 08.12.2018].  The Xerox self attested copy of the said Driving Licence is annexed with the said examination–in-chef. 

Therefore, the complainant had no driving licence on the date of incident.  OP Insurance Company declined to make any payment for damages.

Accordingly, there is no deficiency of service or negligence on the part of the OP Insurance Company.   

Contd……..P/3

-:3:-

In the result, the case fails.         

Hence, it is

                     O R D E R E D

that the Consumer Case No.143/S/2014 is dismissed on contest but without cost.

Let copies of this judgment be supplied to the parties free of cost.

  -Member-                           -Member-                       -President-