PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.62/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Raj Kumar Mahapatra,

S/o- Sarathi Mahapatra,

R/o- Sonapali, PO-Dhankauda,

Dist-Sambalpur-768006 Odisha                                             ...………..Complainant

                                                Versus

1. ICICI Lombard Motor Insurance,

At-G.M. College Road, Near Union Bank

Po/Ps-Sambalpur-768001, Odisha                         

2. ICICI Lombard Motor Insurance

Plot No. 29, 3^rd floor, Anuj Building Satya Nagar,

Po-Bhubaneswar, Dist-Khurda-751007, Odisha

3. Sri Shyam Motors

NH-6, Panchagochia,

Po-Budharaja, Dist-Sambalpur-768004, Odisha      …………...Opp.Parties

Counsels:-

1. For the Complainant          :-      Sri. C.K. Mohanty & Associates
2. For the O.P. No.1 & 2         :-      Sri. B.K. Purohit, Adv.
3. For the O.P. No.3                            :-      Sri. M.S. Mitra & Associates

Date of Filing:08.11.2021,Date of Hearing :28.08.2023,Date of Judgement : 03.10.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant on 10.04.2021 at 3.00P.M. parked his Hero Super Splender No. Od-15M-3387 infront of Punjabi Petrol Pump, Ainthapali and went to Barhagoda to purchase vegetable for selling. After return found that the vehicle has been stolen. FIR No. 0193 dated 10.04.2021 was lodged before Ainthapali police Station. Claim was made before O.P. No.1 & 2 on 22.07.2021. The Complainant has purchased the vehicle from O.P. No.3 and registered under RTO, Sambalpur. The dealer, O.P. No.3 insured the vehicle with O.P. No.1 for 5 years as 1^st party. The O.P. No.3 inconnviance with O.P. No.1 insured the vehicle and misrepresented the terms and condition of policy. After claim the Complainant came to know that the vehicle has been insured with 1^st party policy for first year and third party policy for rest four year. The O.Ps committed unfair trade practice and financial loss to the Complainant.
2. The O.P. No.1 & 2 in their version submitted that the own Damage policy of the Complainant was valid from 31.12.2018 to 30.12.2019 and thereafter it is not renewed. Theft took place on 10.04.2021 and accordingly the claim was rejected on the ground “date of loss is post expiry of OD coverage policy” The OD is for one year and third party claim is for 5 years. The other averment are denied by the O.Ps. There is no any deficiency on the part of the O.P.No.1 & 2.
3. The O.P. No.3 in his version submitted that the Complainant purchased the vehicle from O.P. No.3. The Complainant insured the vehicle with O.P. No.1 and submitted for registration before R.T.O., Sambalpur. The answering O.P. denied the allegations.
4. Perused the documents filed by the Complainant. FIR No. 0193 dated 10.04.2021 was lodged before IIC, Ainthapali PS. Final report was submitted in GR case No. 1452/2021 before SDJM, Sambalpur on 13.06.2021 with endorsement FRT, no clue. From policy No. 3005/43265753/10751/000 it reveals that OD was valid for one year w.e.f 31.12.2018 and TP valid till 30.12.2023. Premium paid Rs. 5407/. Claim was made before O.P.No.1 & 2 on 22.07.2021.

On the date of theft i.e. 10.04.2021 the OD claim policy was not valid. The Complainant failed to give any evidence why the OD was not renewed after one year. Mere allegations against the O.Ps are not sufficient. The Complainant failed to prove the misrepresentation made by O.Ps.

Accordingly, it is ordered:

ORDER

The Complaint is dismissed against the O.Ps on contest. No cost.

Order pronounced in the open court on this 3^rd day of October 2023.

Supply free copies to the parties.