Date of filing :- 21/04/2014.

Date of Order:- 19/10/2016.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)

B A R G A R H.

Consumer Complaint No. 06 of 2014

Lalit Chandra @ Lalit Dash, aged 48(forty eight) years S/o-Dhanpati Dash R/o- Debukijhariya Po.Jamseth Ps. Paikmal Dist- Bargarh(Odisha)

..... ..... ..... Complainant.

Vrs

The Oriental Insurance Company Ltd., through it’s Branch Manager Branch Office, Ambika Complex, Canal Avenue, Bargarh Po/Dist. Bargarh (Odisha) ..... ..... ..... Opposite Party.

Counsel for the Parties.

For the Complainant:- Sri D.N. Nanda, Advocate with other Advocates.

For the Opposite Party :- Sri A.K. Dash, Advocate.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.

Dt.19/10/2016 -: J U D G E M E N T :-

Presented by Sri K.P. Mishra, President:-

Brief case of the Complainant;-

In Brief , with reference to the provision of the consumer protection act 1986, U/s 12 the case of the complainant is enumerated thus, The complainant has purchased a tractor and a Trailer in the year 2007 and got it insured with the oriental insurance company Ltd by paying the required amount of premium for a period of one year from Dt. 31.01.2007 to 31.01.2008 .being registered in the office of the R.T.A Bargarh vide Regd No OR-17E-2942 & 2943 respectively. During the subsistence of the said period of insurance the vehicle on Dt. 31/01/2008 dashed against a lady labour namely Saraswati Bai causing her death at the spot while she was working under the Pradhan Mantri Gramya Sadak Yojana at Paikmal, on the report of one Dilip Sahu the Paikmal Police registered a case against the Driver one Sudasan Sahu for rash and negligent driving vide P.S. case No.05 of 2008 and was subjected to trial there under.

Further the case of the Complainant is that, he received a summon from the IV Motor Accident Claim Tribunal Raipur in Execution Case No.21 of 2009 filed by the present Opposite Party in his name where in after he could know prior to the said Execution Case one claim case was filed in the same tribunal by the legal heir of the the deceased Saraswati Bai wherein the present Complainant was made as an Opposite Party and also came to know that he was made ex-party for his non appearance in the said Tribunal and an order was passed by the Hounorable Tribunal directing the present Opposite Party to pay Rs.2,70,000/-(Rupees two lakh seventy thousand)only to the claimant and receive the same amount from the owner of the offending vehicle by way execution proceeding. So the claim of the present complainant is that as the present Opposite Party is the insurer of his said offending vehicle and was an Opposite Party. In the said claim case along with the present Complainant it was his duty to acknowledge the present Complainant about that case as he had no knowledge of that aforesaid claim proceeding as his address was not correctly mentioned therein as mentioned in the present execution case filed by the present Opposite Party. As such the claim of the Complainant of this case is that since he has insured his said vehicle with him, now being one of his consumer it was the bounden duty of the present Opposite Party to inform him about the said claim case, and as it has not done so, it amounts to unfair trade practice and deficiencies in giving service on the part of the Opposite Party as such is liable to him compensation amounting to Rs.10,00,000/-(Rupees ten lakh).

On going through the material available in the record and hearing the advocate for the Complainant the case was admitted, on being noticed the Opposite Party appeared and filed it’s version denying it’s liability to intimate about the case to the Complainant or to procure his attendance or to ascertain as to whether he has been rightly addressed or not .

In this context the only question for determination is whether the Opposite Party is liable to intimate the complainant about the claim case adjudicated in the iv MACT Raipur or not.

Having gone through the entire case record and scrutinizing the same and on hearing both the learned advocates for the respective parties we do not find any merit in the case of the Complainant because no documents has been filed to prove the liability or responsibilities of the Opposite Party in any form except indemnifying the vehicle concern against any loss, damage & others mentioned specifically in the policy bond in case the required policy condition are fulfilled. Besides that the case was adjudicated in an Honourable MAC Tribunal Raipur and is still subjudice there under in the form of Execution Case as mentioned above so there are other alternative measures which could have been sought for by the Complainant, like to file petition to set-aside the ex-party order or to prefer an appeal before the higher Forum which is also submitted by the concerned advocate for the Opposite Party. Hence in view of such circumstances we are of the view that the case is not maintainable in this Forum.

Hence the present complaint is filed with out any merit and in a frivolous ground and as the claim is a vexatious one hence the case is dismissed.

Hence we pronounce the order in the open Forum to-day i.e on Dt.19.10.2016 accordingly the case is disposed off.

Typed to my dictation

and corrected by me.

I agree, (Sri Krishna Prasad Mishra)

P r e s i d e n t.

(Sri Pradeep Kumar Dash)

. M e m b e r.