Residing at Dommasandra village,
Basaveshwaranagar, Sarjapur Hobli.,
Anekal Taluk, Bangalore.
1.Oriental Insurance company.,
Divisional Office, No: 10,
No:79, Dwaraka, 2nd floor,
Uttamar @@@@hi salai,
Oriental Insurance company,
No:1/1, Connaught Road,
Queens road cross,
Bangalore – 560 052
Represented by its Divisional manager.
O R D E R
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite parties ( in short the Ops) for the payment of Rs.3,42,000-00 with interest, Rs.20,000/- towards mental agony and costs of Rs.5000/- and for such other reliefs.
The brief facts of the case are that the complainant had availed insurance policy in respect of the vehicle bearing No:KA 05 D 1338 under policy schedule GCCV- Public carriers other than three wheelers package policy zone C , from the Op vide policy bearing No: 412000/31/2007/3553 dated 29.05.2006 covering the insurance from 00.00 on 27.05.2006 to midnight of 28.05.2007 and the required premium had been paid as demanded by the Op. On 24.08.2006 the lorry bearing No: KA -05-D-1338 met with an accident on Surjapura road within the limits of Adugodi traffic Police station and the police registered a case in crime. Due to the accident, the said lorry got damaged and the complainant had spent huge amount towards the repair of the same. After the accident, the complainant had made a claim in this regard to the Op and had furnished necessary details and documents in support of his claim over the damaged vehicle.
Thereafter, the surveyor of the Ops inspected the vehicle, prepared a report and sent the same to the Op and the same has been received by the Op. But, inspite of receipt of the survey report the Op failed to indemnify the complainant and release the amount. The complainant is entitled for the same as per the survey report as the said vehicle was insured with the OP. The complainant had also furnished all relevant particular to the Op to enable it to release the amount in favour of the complainant. Due to the accident the vehicle was standstill at garage for long time for repair without any earnings and hence there is huge loss to the complainant.
The complainant got issued a legal notice to the Op on 25.10.2008 through RPAD and UCP, calling upon it to settle the claim of the complainant. But in spite of having received the notice, the; Op has failed to settle the valid claim of the complainant. Hence the complainant approached this forum.
Notices were sent to the Ops under RPAD, Notices were served on OP 2, OP 1 acknowledgement of RPAD cover sent to the addressee not returned inspite of completion of 52 days from the date of its dispatch. Hence it is treated as served on OP 1. Both remained absent and no one represented. Hence Ops placed exparte. Complainant gave his evidence by way of affidavit. Heard the argument of the complainant.
When we peruse the policy, it was in force when the accident took place. The complainant submitted his claim form with necessary documents with the Ops for reimbursement of the amount. The surveyor also inspected the vehicle and prepared the report and inspite of submission of the claim form with documents and surveyor report, the Ops never bothered to reimburse the amount as claimed by the complainant and on the basis of the survey report. As per the observation of the Hon’ble National Commission within three months from the date of submission of the claim, it is to be disposed off but inspite of completion of several months the Ops never bothered to settle the claim of the complainant. This sort of an act on the part of the Ops definitely amounts to deficiency in service.
These facts have not been specifically denied by the Ops, inspite of sufficient opportunities given to them, neither they appeared nor submitted their statement of objections to rebut the evidence of the complainant. In the absence of specific denial by the Ops, the evidences given by the complainant is un-challenged.
In view of the discussions made above we are of the opinion that the complainant has proved the deficiency in service on the part of the Ops. Accordingly we pass the following order.
O R D E R
Complaint is allowed. Opposite parties 1 and 2 are jointly and severally liable. The Ops 1and 2 are directed to reimburse an amount of Rs.3,42,000-00 ( Rs.Three lakhs forty two thousand only) to the complainant with interest @ of 8% per annum from the date of submission of claim form to the Ops to till the date of realization
The Opposite parties 1 and 2 are further directed to pay an amount of Rs.5000/- ( Rs.five thousand only ) to the complainant towards this litigation.
All these amounts are to be paid to the complainant within 60 days from the date of this order