The complaint is filed under section 35 of the Consumer Protection Act

The grievance of the complainant is as follows:

1.      The complainant is the registered owner of the KL-54D-9491 Innova car and he insured the car with the opposite party as per policy No.3006823119P112745461. The policy coverage was valid from 09/01/2020 to 08/01/2021. It is stated in the complaint that the above said vehicle was met with an accident on 04/11/2020 at Vendallore.  The accident occurred while driving the car by the driver of the complainant dashed against an electric post by attempting to rescue a motor cyclist. The accident caused damage to the electric post and to the vehicle. With regard to the incident, Valanchery Police registered a G.D. entry as per No. 61/ GDE/G1/2020. The Assistant Engineer of Kerala State Electricity Board, Valanchery Section issued a notice to the complainant demanding to pay Rs. 19,303/- as compensation for the loss sustained to the electricity board due to the accident. The complainant remitted the amount as demanded by the K.S.E.B. The vehicle was also sustained heavy damage due to the accident and total amount of Rs. 3,01,680/- was estimated for repairing the damage. According to the complainant, he is entitled to get refunded the above stated amount under the terms and conditions of the insurance policy. On 25/11/2020, the complainant submitted a claim application before the opposite party along with all relevant documents. The surveyor of the opposite party assessed the damages and loss sustained to the vehicle and report was filed before the opposite party. But the opposite party did not settle the claim made by the complainant till 21/10/2021 or even not cared to send reply. The complainant approached the opposite party many times to settle the claim but did not turn up. On 21/10/2021 the complainant received a letter from the opposite party stating that the claim of the complainant was repudiated. According to the complainant the opposite party had no right to repudiate the claim as per the terms of the policy and the opposite party was bound to reimburse total amount of Rs 3,20,983/- to the complainant. It is stated in the complaint that the repudiation of the claim was illegal and handled the claim application irresponsibly by the opposite party. The act of the opposite party is also amounted against the principle of natural justice and the opposite party committed deficiency in service towards the complainant. So the complainant approached this Commission to get a direction to the opposite party to reimburse Rs. 3,20,983/- together with interest of 12% per annum and also direct the opposite party to pay Rs 50,000/- as compensation to the complainant for the sufferings of mental agony and hardship due to the deficiency in service of the opposite party.

2.        The complaint admitted on file and issued on notice to the opposite party. The opposite party did not appear before the Commission and set exparte. On 11/08/2022 the opposite party appeared through counsel and filed IA No. 575/22 to set aside exparte order along with version. As per the record shown in the acknowledgement card, the opposite party received notice and details of complaint on 25/04/2020. So the Commission did not allow the petition and not accepted version as it was filed beyond permissible time limit as per the statute.

3.     The complainant filed affidavit and documents. Documents filed by the complainant marked as Ext.A1 to A11. Ext.A1 document is the copy of registration certificate of the vehicle No. KL-54D -9491. Ext A2 document is the copy of insurance certificate No. 3006823119P112745461 related to vehicle No. KL- 54 D -9491. Ext. A3 document is the copy of certificate dated 24/11/2020 issued by Valanchery Police showing the details of G.D.E. No.61/GDE/G1/2020. Ext.A4 document is the copy of claim form dated 25/11/2020 submitted before the opposite party by the complainant. Ext.A5 document is the copy of driving license of the driver of the complainant. Ext.A6 series document is the copies of invoices dated 20/01/2021. Ext.A7 document is the copy of invoices dated 01/02/2021. Ex A8 document is the copy of demand notice issued by K.S.E.B. Valanchery. Ext.A9 document is the copy of bill showing expenditure details by K.S.E.B, Valanchery issued to the complainant. Ext.A10 document is the copy of receipt issued by the K.S.E.B. Ext.A11 document is the copy of the repudiation letter dated 21/10/2021 issued by the opposite party to the complainant.

4.    Heard the complainant. Perused affidavit and documents produced by the complainant. The points arisen for the consideration of the Commission are as follows:-

1. Is there any deficiency in service on the part of opposite party?
2. Relief and cost

5. Point No. (1) and (2):-

      The case put forward by the complainant is that he owned KL-54-D-9491 No. Innova car and same was insured with the opposite party. The complainant produced Ext.A1 document to prove the ownership of the car. Ext.A2 document is the insurance certificate of the car covering the insurance policy between 09/01/2020 and 08/01/2021 with the opposite party.  According to the complainant the above car met with an accident on 04/11/2020 after dashing against an electric Board post owned by K.S.E.B. Ext.A3 document is the copy of G.D. entry showing the registration   of accident by Valanchery Police Station. The incident was reported before the police by the driver, whose driving license is produced and marked as Ext.A5 document. It is stated by the complainant that he remitted Rs. 19,303/- to indemnify the loss of K.S.E.B in pursuant to the issuance of Ext.A8 and A9 document by the K.S.E.B.  Ext. A10 document is the copy of receipt showing payment made to the K.S.E.B by the complainant. The vehicle  also sustained  heavy damage and estimated the cost of repairing  work  as Rs.3,01,680/- and  the complainant produced Ext. A6 and A7 document  to that effect.  According to the complainant the incident occurred during the validity period as per the Ext. A2 document and so he submitted Ext. A4 document before the opposite party for reimbursement.  But the opposite party issued Ext. A11 document repudiating the claim of the complainant.  There is no contra evidence in this case.  The Commission finds that there is enormous delay in addressing the claim application of the complainant by the opposite party.  The complainant succeeded in proving the case contented in the complaint. The Commission finds that the opposite party had committed deficiency in service towards the complainant. So the Commission allows the complainant in the following manner:-

1. The opposite party is directed to refund Rs.3,20,983/- (Rupees Three lakh twenty thousand  nine hundred and eighty three only) with 9%  interest per annum from 25/11/2020 onwards till the date of order .
2. The   opposite party   is directed to pay Rs. 50,000/-  (Rupees   Fifty thousand

thousand only) to the complainant as compensation for the sufferings of mental agony and hardship due to the deficiency in  service on  the  part of opposite party.

3. The opposite party is directed to pay Rs. 5,000/-(Rupees Five thousand only) as the cost of the proceedings to the complainant.

           The opposite party shall comply this order within one month from the date of receipt of this order otherwise the entire amount shall bear additional 12% interest from the date of this order till the realization.

Dated this 5^th day of December, 2022.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                     : Nil

Documents marked on the side of the complainant                   : Ext.A1to A11

Ext.A1  : Document is the copy of registration certificate of the vehicle No. KL-54-D-

                9491.

Ext.A2  : Document is the copy of insurance certificate No. 3006823119P112745461

                related  to  Vehicle No.KL-54D-9491.

Ext.A3  : Document is the copy of certificate dated 24/11/2020 issued by Valanchery

                Police showing the details of G.D.E.No. 61/G.D.E/G1/2020.

Ext.A4  : Document is the copy of claim form dated  25/11/2020 submitted before

                the opposite party by the complainant.

Ext.A5  : Document is the copy of driving  license of the driver of the complainant.

Ext.A6  : Series document is the copies of invoices dated 20/01/2021.

Ext.A7  : Document is the copy of invoice dated 01/02/2021.

Ext.A8  : Document is the copy of demand notice issued by K.S.E.B. Valanchery.

Ext.A9  : Document is the copy of bill showing expenditure details by K.S.E.B.

                Valanchery issued  to the complainant.

Ext.A10 : Document is the copy of receipt issued by the K.S.E.B.

Ext.A11 : Document is the copy of the repudiation letter dated 21/10/2021 issued by

                 the  opposite party to the complainant.

Witness examined on the side of the opposite party                   : Nil

Documents marked on the side of the opposite party                  : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

CPR