26.02.2024:

ORDER

BY Mr. K B SANGANNANAVAR: JUDICIAL MEMBER

01.   This is an Appeal filed by the opposite party No.1 in C.C. No.10/2019 on the file of District Consumer Disputes Redressal Forum, Kalaburagi, aggrieved by the order dated: 03.07.2020.

02.   The parties to this Appeal will be referred to as their rank assigned to them by the Commission below.

03.   The Commission heard the Learned Counsel for Appellant, perused the impugned order, grounds of Appeal and Appeal papers.

04.   It is the case of the complainant that, he has purchased the Maruti Swift VDIBS IV car bearing No. KA-33/M-5122 by availing loan of Rs.5,00,000/- from opposite party No.2 by agreeing to repay the same in 60 EMIs along with interest at 10.25% at the rate of Rs.10,686/- per month.  He has opted insurance policy from opposite party No.1 for the period from 21.10.2017 to 20.10.2018.  It was his case that, on 14.12.2017 when the complainant himself was driving the said vehicle near Sunnuer Village, Kalaburagi, due to burst of the tyre, the complainant had lost his control over the said vehicle and the vehicle fell down nearby field in deep mud, as a result of the accident vehicle was extensively damaged.    

05.   It is found from the impugned order, though insured had intimated OP-1 insurer regarding the accident of his vehicle, nothing is found on record to shown, whether he had also intimated to the police concerned, since the District Forum awarded IDV minus Salvage amounting to Rs.4,50,854/- together with interest at the rate of 9% per annum from the date of complaint till 17.01.2019 and awarded Rs.10,000/- for rendering deficiency in service and Rs.5,000/- towards litigation expenses.  The District Forum decided only on the basis of Exhibit.P.1 to P.9 i.e., Repudiation letter dated: 27.02.2018, B-Register Extract issued by RTO, Yadgiri, Copy of certificate cum policy schedule, copy of loan account statement, 09 photographs with CD, copy of legal notice & Postal Acknowledgments and the affidavit submitted by the complainant.  In other words   not known whether the alleged accident was informed to the nearest police station or not. This accident is not a minor accident, since the Forum awarded IDV, as such definitely question may come whether complaint is lodge with police concerned and if no complaint is filed has to explain with sound reasons.

06.   Further it is found from the impugned order, the investigating authority had visited the spot and noticed the said vehicle and given its opinion, the driver must have sustained injuries and drew such inference, that the Complainant could not have been on the wheel of the vehicle as  driver at the time of accident and as this was not accepted by the District Forum. In our view in order to come to such view, Forum has to examine the police information or the police papers if any, since those documents would   throw some light upon this accident to appreciate the investigation report submitted by ICS Assure, Unit of Forensic & Reconstruction Expert, Mumbai.

07.   In the above such a view of the matter, it would be appropriate to remand back this matter to the District Forum to reconsider whether complainant had informed the alleged accident to the nearest police station and if intimated to permit either of the parties to place such documents as an additional evidence and if not given any police complaint to record reasons as to why it was not given. Thus, with these observations, we proceed to allow the Appeal and consequently set aside the order dated: 03.07.2020 passed in CC No.10/2019 on the file of District Consumer Disputes Redressal Forum, Kalaburagi, with a direction to District Forum to readmit the complaint and afford opportunity to both parties to place additional evidence and pass order in accordance with law as early as possible not later than three months from the date of receipt of the order.

08.   The amount in deposit is directed to be transferred to District Forum for needful.

09.   The parties are directed to appear before the District Commission to avoid further delay positively on 02.04.2024 and receive directions to co-operate to decide the case on merits.

         Sd/-                                                                      Sd/-

LADY MEMBER                                           JUDICIAL MEMBER       

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