By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief say of the case of the complainant is that on 10-3-2004 he availed of insurance coverage for his bus KL-10N 4838 with opposite party, which was only for third party risks. The financier of the complainant's vehicle had already taken a policy <br /> <br /> for the above vehicle from Oriental Insurance Company which was a full cover policy. Complainant requested opposite party to refund the premium after cancellation of the policy which was not heeded to. Hence the complaint.<br /> <br /> 2. Opposite party filed version admitting issuance of policy. That opposite party is willing and ready to refund the premium on the complainant satisfying two conditions. (i) He has to submit a written request for refund and cancellation. (ii) he has to surrender the original policy along with attested copy of the policy. Complainant has not complied the above conditions and that there is no deficiency in service.<br /> <br /> 3. Evidence in this case consists of affidavits filed by either sides. Exts.A1 to A5 marked on the side of complainant.<br /> <br /> 4. Complainant affirms that he has made a written request for refund and has surrendered to opposite party the original policy with attested copy of the other policy. This is refuted by opposite party in his counter affidavit. Ext.A1 is the photo copy of the alleged policy dated 10-3-2004 issued by opposite party. Ext.A2 is the photo copy of the policy issued on 8-03-2004 by Oriental Insurance Company in respect of the same vehicle. Thus the vehicle has double insurance coverage and complainant is entitled to have one of the policies cancelled. Opposite party is ready to refund after cancellation provided complainant surrenders the original policy. For the reason that opposite party is ready and willing to refund after cancellation we think it necessary <br /> <br /> <br /> only to sort out the consequences likely to arise due to non-surrender of the original policy. We consider that execution of an indemnity bond by the complainant would <br /> substitute the liability to surrender the original policy.<br /> <br /> 5. In the result, this complaint is allowed and we order opposite party to refund an amount of Rs.11,744/- (Rupees Eleven thousand seven hundred and fourty four only) to the complainant along with costs of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order failing which complainant will be entitled to interest @ 12% upon the sum Rs.11,744/- from the date of complaint. On refund complainant shall execute an indemnity bond in favour of opposite party indemnifying all liabilities/claims upon the said vehicle during the relevant period of policy.<br /> <br /> Dated this 5h day of February, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A5<br /> Ext.A1 : Photo copy of the alleged policy dated 10-3-2004 issued <br /> by opposite party.<br /> Ext.A2 : Photo copy of the policy issued on 8-03-2004 by Oriental <br /> Insurance Company<br /> Ext.A3 : Copy of registered lawyer notice dated, 7-4-2004 by <br /> complainant's counsel to opposite party.<br /> Ext.A4 : Reply notice dated 20-4-2004 by opposite party's counsel to complainant's counsel.<br /> Ext.A5 : Photo copy of written request dated, 5-05-2004 by complainant<br /> to opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />