THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101 consumer case(CC) No. CC/09/32
V.Krishnappa,
...........Appellant(s)
Vs.
The Manager,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 25.04.2009 Disposed on 24.07.2009 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 24th day of July 2009 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 32/2009 Between: Sri. V. Krishnappa, S/o. Late Uddandappa, No. 57, Neralekere Village, D.H. Halli Post, Bangarpet Taluk, Kolar District. (By Advocate Sri. M.P. Narayana Swamy and Others ) .Complainant V/S The Manager, Bajaj Alliance Insurance Company Limited, New Mission, J.C. Road, Near Mahaveer Jain College, TBR Tower, Ground Floor, Bangalore. (By Advocate B. Kumar and Others) .Opposite Party ORDERS This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay a sum of Rs.66,705/- with interest and costs, etc., towards settlement of the claim for his sons insured motorcycle on the basis of total loss, which met with an accident on 29.06.2008 in which his son also died. 2. The OP mainly contended that the complainant had never applied for compensation and had not intimated the accident for a long time and there was no occasion for considering his claim. 3. We heard the Learned Counsel for the parties and perused the records. 4. The motorcycle accident in question had taken place on 29.06.2008 in which the motorcycle is alleged to be totally damaged. The complainant claims that he wrote a letter dated 29.12.2008 to OP to settle the claim for total loss of the motor cycle in question and thereafter the OP did not respond. The copy of the letter is produced and receipt for having sent the said letter under courier is also produced. The OP does not specifically say whether it received this letter or not, but it went on contending that claim form is not filled up by complainant and certain material documents like D.L., copy of R.C. and other papers were not submitted, etc. It does not say whether it had intimated to produce the documents and it does not say whether it had sent the blank claim form to complainant. The OP has also contended that issue of notice immediately after the accident to OP is primary duty and no such notice was issued. 5. We believe that by letter dated 26.12.2008 the OP came to know regarding the accident in which the vehicle was totally alleged to be damaged. Thereafter the OP should have sent the claim form and should have asked to produce the necessary documents and on consideration of the documents and other relevant facts, either it should have allowed or dismissed the claim. Instead of doing it, it kept silent in response to the letter dated 26.12.2008 of complainant. This attitude cannot be appreciated. 6. Hence we pass the following: O R D E R The complaint is partly allowed with costs of Rs.1,000/-. The OP shall arrange to get the necessary facts from complainant for the disposal of his claim and shall process the merit of the claim and shall dispose of the same within 3 months from the date of this order. The complainant shall furnish the required documents and other papers as may be asked by OP. Dictated to the Stenographer, corrected and pronounced in open Forum this the 24th day of July 2009. MEMBER MEMBER PRESIDENT
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