BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH, MANGALORE
Dated this the 31st January 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SRI T.C. RAJASHEKAR : HON’BLE MEMBER
ORDERS IN
C.C.No.292/2013
(Admitted on 11.11.2013)
Mr. Mansoor,
S/o Abdul Rahiman,
Aged about 32 years,
Golikatte House,
Kanyana Vilalge & Post,
Bantwal Tq, DK.
Represented by GPA Holder,
Mr. Ashraf G.K,
S/o Abdul Rehaman @ Adram Beary,
Aged about 32 years,
Residing at Golikatte House,
Kanyana Village & Post,
Bantwal Taluk.
…....….. COMPLAINANTS
(Advocate for the Complainants: Sri SR)
VERSUS
The Oriental Insurance Co. Ltd,
Branch Office, Puttur,
Krishna Prasad Building,
Main Road, Puttur, D.K. 574201.
…...............OPPOSITE PARTY
(Advocate for the Opposite Party: Sri KSUN)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI. VISHWESHWARA BHAT D:
I. 1. The above complaints filed under Section 12 of the Consumer Protection Act by the complainant against opposite parties alleging deficiency in service claiming certain reliefs.
The brief facts of the case are as under:
The complainant is owner of Bajaj Pulser Motor cycle No.KA.19Y.6888 insured it with opposite party for the period from 24.1.2012 to 23.1.2013. Complainant brother GPA holder and on 15.9.2012 at 10.00 pm had parked the vehicle outside the house and on next morning on 16.92012 motor cycle parked was not found and it was stolen and the complaint was given to the Vittal Police Station on the same day registering crime No.16/2012 the police filed ‘C’ Final Report on 27.2.2013. The complainant at the time of incident was in a foreign country and on returning home intimated about the theft. By letter dated 24.1.2013 on 23.1.2013 the complainant is not aware in case of theft of the insured vehicle the complaint is lodge in respect of accident in event of accident reported to police and contact nearby company office to arranging spot survey. This effect to the legal notice sent to opposite party had repudiated the claim of the complainant. Hence the complaint seeking the relief mentioned in the complaint.
II. Opposite party in the written version admits the policy issued to complainant covering the vehicle insurance mentioned in the complaint as stated. The other allegation as to the theft etc. are disputed. The complainant is required to intimate opposite party within 24 hrs from the date of alleged theft it is made delay and is not complied. Without there is much delay without any reason hence complainant is not entitled to claim any compensation from opposite party. Hence seeks dismissal.
2. In support of the above complainant Mr. Ashraf G.K filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked at Ex.C1 to C11 as detailed in the annexure here below. On behalf of the opposite parties Mr. M Gopikrishna Rao (RW1) Administrative Officer also filed affidavit evidence and answered the interrogatories served on him and produced documents got marked at Ex.R1 as detailed in the annexure here below.
III. In view of the above said facts, the points for consideration in the case are:
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsels for both sides filed notes of arguments. We have considered entire case file on record including evidence tendered by the parties and notes of argument of opposite parties. Our findings on the points are as under are as follows:
Point No. (i): Affirmative
Point No. (ii): Negative
Point No. (iii): As per the final order.
REASONS
IV. POINTS No. (i): The vehicle owned by complainant is insured with opposite party and thereby complainant as consumer and opposite party as service provider is undisputed. The claim of compensation under the terms of the policy for compensation from opposite party was repudiated on the ground of the delay. Hence there is a live dispute between the parties as contemplated under section 2(1)(e) of the C P Act . Hence we answer point No.1 in the affirmative.
POINTS No.(ii): In this case there is delay in intimating the insurance company of more than 3 months is not disputed but there is no explanation tendered by the complainant for the delay caused in lodging the complaint lame excuse that the RC owner was in foreign country and when returned lodged the complaint cannot be accepted in as much as the brother of the complainant who is claimed as the GPA holder of the RC owner of the vehicle did lodge the complaint to the police on very day of the coming to know about the theft to the police.
2. Before proceeding further we have to examine what are the conditions of the policy between the parties. Ex.R1 is the certified true copy of the insurance policy in question issued by opposite party to complainant in covering the risk during the period of the theft. As seen from the Ex.R1 there is a specific clause as to what should be done in case of the theft. The relevant portion reads thus:
Calim for theft of vehicle not payable if theft not reported to company within in 48 hrs of its occurrence The document Ex.R1 is the contract between the complainant and opposite party namely policy issued by opposite party covering the risk in respect of the vehicle of the complainant. As per complaint the theft occurred on the night in between 15.9.2012 after 10 pm to early morning of 16.9.2012 complaint to the police was given by GPA of complainant on 16.9.12 itself. Ex.C2 is copy of the said complaint, Ex.C3 is the FIR. Ex.C4 is the ‘C’ Final Report. Ex.C5 is the copy of the intimation given to opposite party by complaint on 24.1.2013. This complaint was given after more than 3 months delay. The only ground mentioned at Ex.C5 by complainant is the stolen of vehicle is not traced is making the claim.
3. In the circumstance of this nature in (2015) CJ 443 (NC) the National Consumer Diksputes Redressal Commission New Delhi in Jignesh Natwarsingh Solanki vs. ICICI Lombard General Insurance Co. Ltd, Held that the parties are bound by the terms of the policy and nothing can be added to the terms of the policy and the partiers are bound by the terms of the policy and the delay cause lodging the complaint is not condone. As such the claim of complainant which was allowed by the Consumer Forum but reversed in the appeal by the State Commission and thereby rejected the claim and confirmed by the Nation Commission. In view of this the same as to followed in the case on hand. Hence the complainant failed to prove deficiency of service on the part of the opposite party when the fault is squarely lies on the part of the complainant. Hence we answer Point No.2 in the negative.
POINTS No. (iii): Wherefore the following order
ORDER
The complaint is dismissed.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 6 directly dictated by President to computer system to the Stenographer typed by her, revised and pronounced in the open
court on this the 31st January 2017)
MEMBER PRESIDENT
(SRI T.C. RAJASHEKAR) (SRI VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Additional Bench, Mangalore Additional Bench, Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr. Ashraf G.K
Documents marked on behalf of the Complainant:
Ex.C1: : Insurance policy
Ex.C2: : The certified copy of the complaint
Ex.C3: : The certified copy of the FIR
Ex.C4: : The certified copy of the charge sheet
Ex.C5: 24.01.2013: Copy of the intimation to the insurance Company
Ex.C6: 23.01.2013: Repudiation letter
Ex.C7: 08.06.2013: Legal Notice issued by Sri Shantharam Rai Advocate
Ex.C8: : Acknowledgement for service of legal notice
Ex.C9: 10.06.2013: Reply of the legal notice
Ex.C10: : Original RC
Ex.C11: 22.10.2013: General Power of Attorney
Witnesses examined on behalf of the Opposite Party:
RW1 Mr. M Gopikrishna Rao, Administrative Officer
Documents marked on behalf of the Opposite Party:
Ex.R1: copy of Motorised Two Wheelers Package Policy zone B
Dated: 31.01.2017 PRESIDENT
