DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 74 OF 2016

Bindulata Swain,

W/O- B. K. Swain,

RO: AT/PO- Belpahar (RS), 

Dist: Jharsuguda, Odisha…………………….….…………….……………Complainant.

Versus

1. Toyota Tsusho Insurance Broker India Pvt. Ltd.,

C/O. Espirit Toyota,

At/Po- Bareipali, Sambalpur,

PS-Ainthapali, Dist- Sambalpur (Odisha).

2. SBI General Insurance Company Ltd.,

101,102 & 103 Natraj, Junction of Western Express,

Highway, Andheri, Kurla Road, Andheri (East), Mumbai – 400069.

3. SBI General Insurance Company Ltd.,

Praful Tower, 2^nd Floor, Plot No. 184 (P),

Panposh Road, Rourkela – 769004 (Odisha),

4. Espirit Toyota,

Field Motor Pvt. Ltd.,

Plot No. B12 & 13, Kalunga Industrial Estate,

Rourkela – 770031, Dist- Sundargarh (Odisha)……………..………Opposite Parties

Counsel for the Parties:-

For the Complainant                                  Shri P.R.Singhdeo, Adv. & Associates.

For the Opp. Party No.1                              None (Ex-Parte).

For the Opp. Party No. 2 & 3                      Shri B.N.Dutta, Adv. & Associates.

For the Opp. Party No.4                              S. Latif, Adv. & Associates.

Date of Order: 23.08.2017

Present  

                                                                                                 1. Shri S.L.Behera, President.

                                                                                                  2. Shri S.K.Ojha, Member.

                                                                                                  3. Smt. A.Nanda, Member( W).

Shri S.L.Behera, President : - The brief facts of this complainant’s case is that, the complainant is the registered owner of one four wheeler Toyota Innova GX vehicle  bearing No. OR-23-F-2727 which was insured with O.P.No.2 & 3 through O.P.No.4.  The validity of insurance started from 14.05.2016 to 13.05.2017 and the said vehicle was registered under commercial category but later the complainant applied for private category where the complainant received the changed RC Book on dtd. 03.08.2016 through post.  The complainant intimated to the O.P.No.1 and 4 to change the category in the Insurance policy of vehicle and issued a cheque for making of adjustment of differential amount which the O.P.No.1 confirmed the complainant on changed of category in insurance of the said vehicle. On dtd. 17.08.2016 the said vehicle met with an accident near Prasanna Panda Chhack SH-10 at Jharsuguda Bye-Pass and sustained severe damage.  The complainant reported the matter to O.P.No.1 & 4 and shifted the vehicle to the O.P.No.4 as per direction of O.P.No.3 & 4.  The complainant came to know that the category of the vehicle was not changed due to wrongly inspected by IFFCO TOKIYO General insurance instead of SBI General Insurance.  The complainant visited several times to the O.P.No.1& 4 but the claim was rejected on dtd. 26.09.2016 without any reason, hence this case.

            The O.Ps. appeared and filed written version except the O.P.No.1 who stand ex-parte.  The O.P.No.2 & 3 jointly submitted that the claim is pre-mature which is not repudiated and the case is not maintainable.  The O.P.No.4 denied all the allegations of the complainant and all the O.Ps. are prayed for dismissal of case.

Heard from the parties, gone through the case record and documents available. The complainant has filed various documents related to the communication held through e-mails with the concerned authorities of the O.Ps. and also filed copies of various bills of expenditures incurred  in repairing of the said vehicle.  The complainant also filed a copy of RC.  The insurance was valid from dtd. 14.05.2016 to 13.05.2017.  The accident taken place on dtd.17.08.2016 i.e. within the validity of insurance and the claim was lodged through O.P.No.1 & 4 who are the broker of O.P.No.2 & 3. The claim has been rejected by the O.P.No.2 & 3 for the default of O.P.No.1 & 4.

The activities of the O.Ps. are found to be deficient in their services due to repudiation of claim on the ground of not changed in the category of insurance policy. Hence the complaint petition is allowed.  The O.P.No.2 & 3 are hereby jointly and severally directed to settle the insurance claim of the complainant after performing all the due formalities from the complainant within 45 days from the date of receipt of copy of this order.  The O.P.No.1 & 4 are hereby jointly and severally directed to pay a sum of Rs.5,000/- (Rupees five thousand) only towards mental agony, harassment including litigation costs to the complainant within 30 days from the date of receipt of copy of this order.  

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 23^rd of August’ 2017 copy of this order shall be communicated to the parties as per Rule.

                                          I Agree.                                         I Agree

                                        .

                                     S.K.Ojha, Member             Smt. A. Nanda, Member (W)         S.L.Behera, President                                            

Dictated and corrected by me.

S.L.Behera, President