Exh. 19
BEFORE THE DISTRICT CONSUMER DISPUTES REDFESSAL FORUM, SANGLI
Hon’ble President – Mr.A.V. Deshpande
Hon’ble Member – Mrs. Varsha N. Shinde
Hon’ble Member - Mrs. Manisha Kulkarni
CONSUMER COMPLAINT NO. 74/2012
Date of Filing : 23/04/2012
Date of Admission : 15/04/2013
Date of Judgment : 16/04/2014
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Sahyadri Construction Company
Prop. Chandrakant Maruti Nalawade
R/o Lingnur, Tal. Miraj Dist. Sangli ……. COMPLAINANT
Versus
The Oriental Insurance Company Ltd.
Sangli, Krishna Complex, Near LIC Bldg.,
Amrai Road, Sangli
Through the Divisional Manager,
Oriental Insurance Co.Ltd., Sangli …….. RESPONDENT
Advocate on behalf of complainant – Mr.M.N. Shete
Advocate on behalf of Opponent - Mr. K.A. Murchite
J U D G M E N T
Delivered by Hon’ble Mr. A.V. Deshpande, President
1. The instant complaint, u/s 12 of the Consumer Protection Act, 1986, has been filed by the complainant, alleging a deficiency in service, on the part of the Resp. Insurance company, by repudiating his own damage claim.
2. The facts in nutshell are : That the complainant is the owner of the Tipper bearing regn.No. MH 10/Z-3101. He has insured the said vehicle with the Resp. Insurance company vide policy No. 162600/31/2010/3043. The said policy was valid from 19/10/09 to 18/10/10. The IDV of the said vehicle was Rs.18,84,224/-. The said vehicle met with an accident on 29/8/10 and sustained damages. The complainant informed the Resp. company about the accident on the same day. A spot survey was conducted by the surveyor of the Resp. company on 30/8/10. The vehicle was brought to the authorized workshop of Tata company on 31/8/10, and on 1/9/10, the complainant submitted own damage insurance claim vide O.D. claim No. 162600/31/2011/000063. The details of the said survey report conducted by Mr. Satish Pawar & Associates are given in para 6 of the complaint. For days together, the Resp. did not take any decision on the claim submitted and after persuasion, the Resp. company ultimately repudiated the said claim on 27/9/11, on the ground of violation of permit conditions issued by the State of Karnataka. Contending that the Resp. insurance company has rejected the said claim on illegal, baseless, unlawful and flimsy grounds and has thereby rendered them a deficiency in service and has adopted unlawful trade practice, the complainant has filed this complaint claiming total compensation of Rs. 5 lakhs alongwith interest thereon @ 18 p.c.p.a. from 1/9/10 till actual realization of the amount and the cost of litigation.
3. The complainant has filed a affidavit in support of his contentions in the complaint at Exh.2 and has filed as many as 13 documents alongwith list of documents at Exh.4
4. The Resp. Insurance company, after appearing, has filed its w.s. at Exh.13 and has resisted the entire claim and denied all the adverse contentions against it. It is contended that the claim of the complainant was repudiated on the ground of breach of the policy conditions and thereby no unfair trade practice or deficiency in service was rendered to the complainant. It has denied that it is liable to pay any amount to the complainant, much less the amounts claimed in the complaint. It has prayed for dismissing the complaint with cost.
5. In the course of the pendency of this complaint, it appears that the parties have arrived at some compromise and they have filed a joint compromise pursis at Exh.18, which terms of compromise are accepted by the Forum. By the said compromise, the complainant has accepted the total amount of Rs.3,07,000/-, as a full and final compensation, inclusive of the interest, if the opponent pays it immediately without any further delay. The parties have invited the Forum to pass a final order to that effect. The learned counsel for the Resp. Insurance company has endorsed on the said pursis that the ground of repudiation as to the breach of permit being highly technical, the award for the amount as prayed for, may be passed. In the light of such compromise between the parties, this Forum is constrained to pass the final order in the following terms.
O R D E R
1. The complaint is allowed.
2. The Respondent Insurance company is hereby directed to pay a amount of
Rs. 3,07,000/- to the complainant, being full and final settlement of the
compensation inclusive of the interest thereon immediately. This amount
shall be inclusive of cost and interest, as prayed for, by the complainant.
3. The amount shall be paid within 45 days from the date of judgment failing
which the amount shall carry the interest @ 18 p.c.p.a. from the date of
complaint till realization.
4. It the amount is not paid within the time limit, the complainant shall be
entitled to invoke the provisions either u/s 25 or u/s 27 of the Consumer
Protection Act.
SANGLI
Dated : 16/04/2014
( Mrs. Manisha Kulkarni ) (Mrs. Varsha N. Shinde ) ( A.V. Deshpande )
Member Member President
