Orissa

Jajapur

CC/78/2017

Prakash Chandra Dash - Complainant(s)

Versus

Divisional Manager,United India Insurance Co. Ltd - Opp.Party(s)

Alok Kumar Pani

30 Dec 2019

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Sri Pitabas Mohanty, I/C President,

                                                                            2.Miss Smita Ray, Lady Member.                                                                  

                                  Dated the 30^th day of  December,2019                                                   

                                                          C.C.Case No. 78  of 2017

Prakash ch.Dash ,

S/O Keshab Dash,Vill.Balipokhari  

P.O. Paramanandapur ,P.S.Jajpur Town  

Dist. Jajpur  

                                                                                                                  ……....Complainant .                                                                                                    

                                                  (Versus)

1. Divisional Manager,  United India Insurance Co.Ltd,  

At. College square  ,Dist. Cuttack

2. Micro Office-in-charge,United India,Insurance Co.Ltd

At.Rani-Ramchandrapur, Jajpur Town, P.O/Dt .Jajpur

                                                                                                                                ……………..Opp.Parties.                                                                                                                                                             

For the Complainant:                              Sri A.K.Pani,  S.Jabasum , Advocates  .

For the Opp.Parties :                                Sri G.C.Panda, Miss B.R.Rout,  Advocates.   

                                                                                                     Date of order:  30 .12. 2019.

SHRI  PITABAS MOHANTY   , PRESIDING   MEMBER   .

            The petitioner has filed the present dispute against the o>ps since the O.ps have illegally repudiated the genuine insurance claim of the petitioner .

            The facts as stated by the petitioner in the complaint petition shortly are that the petitioner has purchased one Ford IKON private car bearing Regd. No.OR-02-AZ-7127 from Dr.Bhagirathi Pani ,Jageswarpur . After purchase the petitioner transferred the ownership in his own name. Subsequently on 03.03.2017 the petitioner went to Ghatagaon  for Tarini Darsan and                at the time of returning the above cited car faced  with an accident  near Ramchandrapur  which was during the priod of subsistence  of policy  of the car. Soon after accident the petitioner  nor  only entered SD Entry bearing No.14 dt. 03.032017 but also intimated the insurer and claim No.26038 731160050031001/4  was initiated as well as the insurer deputed the surveyor for conducting the  survey of  damage / accident car. After survey as per instruction of the insurer the

accident car was shifted to authorized workshop for repair. The authorized work shop of Ford  company estimated the repairmen   cost amounting to Rs 5,89,926.80 p which  was sent to insurer through Surveyor . Thereafter final survey was conducted and the surveyor has submitted the report. According to petitioner though he is entitled to get full damage cost amounting to Rs.2,40,000/- but the petitioner is expecting more than the  I.D.V value basing on the repairment cost which has been estimated by the approved workshop  which  may be clarified by the insurer from the final survey report . But it is the matter of great regret that the insurer after considering all relevant documents finally repudiated the genuine insurance claim of the petitioner on 15.09.2017 on the ground “ the insured has not deposited the transfer fees with NCB recovery ) within 14 days from the date of transfer of ownership in the RC Book . According to petitioner such repudiation of Insurance claim of the petitioner by the O.Ps is nothing but unfair trade practice which is coming within the purview of deficiency in service , for which the accident vehicle is laying in the workshop  and the work shop at present is claiming Rs.50/- per day as parking                 charge to which the petitioner is also entitled to get from the insurer . owing to the above factual aspects at present the petitioner suffering from mental agony for which finding no other way has filed the present dispute with the prayer to direct the O>ps to pay the insurance claim, parking charge, compensation for mental agony with 10% interest from the date of filing of the present dispute till its realization .

            After appearance the O.Ps have filed the written version denying the allegation of the petitioner . The main defence plea taken by the O.Ps vide para-4 of the written version is that

“ the insured  has not applied transfer ownership in the policy and not deposited the transfer fee ( with NCB recovery) premium within 14 days from the date of transfer of ownership in R.C book. As per the above IMT No GR-17  the insured has  not complied in the RC book as well as not complied the policy condition for  which the  insurer has repudiated the insurance claim of the petitioner. Hence the dispute is liable to be dismissed with cost.

                       On the date of hearing we heard the argument from both the parties as well as perused the record in details. After perusal of the record  we are inclined to observe that the alleged car has been insured by the insurer and during subsistence of the policy the alleged car met w3ith an accident , for which after getting information  the insurer deputed surveyor  who has

conducted the survey  and  though has submitted his report to the insurer but the insurer has repudiated the insurance claim on the ground the insured has neither deposited the transfer fee

(NCB recovery) premium within 14 days come the date of transfer nor has applied for transfer of ownership which violates policy condition  as per the IMT No.GR-17.

            Owing to the above narrated situation we have come across with the observation of Hon’ble National Commission reported in 2016(4) CPR- 4-N.C ( Vyapar Industries Ltd Vrs  New India Assurance ltd ) where in it is held that :

“Term and condition of Insurance policy must be supplied in writing to insured “. 

In the present case there is no such iota of evidence from the side of the O.Ps that at the time of supplying the policy the insurer has supplied the term and condition to the petitioner in  writing in absence of which the plea taken by O.P in the repudiation letter is not sustainable  in the eye of law . Further as per observation of Hon’ble State Commission ,Odisha reported in 2009(3) –CPR-53-Odisha , wherein it is held that

            “ Insurance company can not deny his liability since C.P.Act is benevolent legislation “.

            In view of the above observation we  are inclined to hold that  law is consequently petitioner’s favour since the O.Ps have repudiated the insurance claim of the petitioner illegally. Accordingly the dispute is allowed against the O.Ps   as per the order below .                            

                                             O R D E R

The dispute is allowed against the O.ps. The O>ps are  directed to pay the IDV value Rs .2,40,000/- ( Two lakh fourty thousand ) towards Insurance claim . In addition to it the O.ps are also liable to pay Rs.50,000/- towards parking charge and Rs.10,000/- as cost of the proceeding . The above direction shall be complied within one month after receipt of the order , failing which the O.Ps  shall be liable to pay 10% interest on the IDV value from the date of filing of the dispute  till its realization .        

            This order is pronounced in the open Forum on this the 30th  day of  December,2019. under my hand and seal of the Forum.