Uttar Pradesh

Aligarh

CC/84/2015

SARNAM SINGH - Complainant(s)

Versus

DM OIC - Opp.Party(s)

11 Apr 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/84/2015 ( Date of Filing : 22 Jul 2015 )   1. SARNAM SINGH AGE 68 YEARS S/O SRI BHAWAN SINGH R/O GRAM BARAKHURD PO KHAS TEHSIL IGLAS ALIGARH ...........Complainant(s) Versus 1. DM OIC CENTRE POINT ALIGARH 2. BRANCH MANAGER SBI ADB IGLAS ALIGARH ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER

PRESENT:

Dated : 11 Apr 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to pay to the complainant the litigation expenses Rs.10000/. The Op be directed to deliver the insurance policy./ The Op be directed to own the liability of damages caused to the complainant on account of insurance company Any other relief in the opinion of report. The Op be directed to pay Rs.10000/ liability of company. The Complainant has stated that a tractor no. UP 81AB 5450 was purchased by the complainant financed by the OP no.2  and the tractor was insured with the op no.1 for the period from 20.5.2013 to 19.5.2014 and the premium Rs.6102/ was paid by the bank on 6.4.2013. The policy was issued but the policy beared the tractor no. UP 81AC 9255 and there was no number of his tractor. On complainant new policy was issued for the period from 5.2.2014 to 19.5.214 and the policy was bearing the number UP81 AC 9255 of the tractors. New policy had been issued on making complaint of such mistake. Complainant protested for issuing the policy for the full period but paid no dues. The period of policy should be 20.5.2013 to 19.5.2014 and insurance company failed to do so and committed deficiency in service.  Ops insurance company stated in WS the tractor was insured for the period from 20.5.2013 to 19.5.2014 and the insurance company is liable for the during the said period. On 5.2.2014 complainant informed about the typing error in the policy papers and the endorsement was made on the policy whereby the policy had become effective from the period 20.5.2013 to 19.5.2014. Complainant has not stated about any damages caused during the said period and therefore insurance company is not liable for any kind of damage. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of his pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant is entitled for any relief? If so, its effect. It is clear from the pleading of the parties that the insurance of the tractor of the complainant was made by the insurance company for the period from 20.5.2013 to19.5.2014 in which tractor no. was wrongly written due typing error. The typing error was corrected on 5.2.2014 on complaint made by the complainant and endorsement of the policy was made in this regard. After endorsement made on the policy papers correcting the typing error the policy became effective for the tractor of the complainant during the period from 20.5.2013 to 19.5.2014. Thus the complainant cannot be said to have any grievance against the insurance company. Moreover , Complainant has not alleged any kind of damages caused during the said period and he has not claimed any damages caused to the tractor during the said period. Complainant is not entitled for any relief. Complaint is liable to dismissed. The question formulated above is decided in against the complainant. We hereby dismissed the complaint.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER