IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:SUNDARGARH-I
CONSUMER COMPLAINT CASE NO.46/2009.
Mrs. Asha Lata Panda (58 yrs.),
W/o: Jagdish Panda,
R/o: Bargaon,Po/Ps: Bargaon,
Dist: Sundargarh,Orissa……………………………………………….Complainant.
Versus
1.The Branch Manager,
M/s. Reliance General Insurance,
Tulsi Complex,Panposh Road,
Po: Rourkela- 769 004,
Ps: raghunathpali,Dist: sundargarh, Orissa……………………..Opp.Party
Counsel for the parties:-
For the Complainant Sri Y.Nabi, Adv.& Ors.
For the Opp .Parties. Sri B.N.Padhiary,Adv. & Ors..
O R D E R Dated : 03.12.09
Md. Inclab Ummar, President:-
Deficiency in service is the complaint of the complainant.
In brief the case of the complainant is that she purchased a maruti Swift VXI on dt.12.10.2006 from Orbit Motors Rourkela bearing temporary Registration No. OR14P 0013 having Chassis No.135008, Engine No.249218 for her personal use. After purchase of the said vehicle it was insured with National Insurance company on dt.11.10.06 and it was valid from 12.10.06 to 11.10.07. After expiry of the validity period of insurance the complainant insured the said vehicle with O.P by paying Rs.10,534/- as premium and the said policy was validity from 12.10.07 to 11.10.08 bearing policy No.2408372311100130.
The said vehicle of the complainant met with an accident on dt.19.10.07 at about 6 pm at chungimati Ps Rajgangpur Dist: Sundargarh and the matter was reported to the Rajgangpur police station as well as to the O.P. After the accident the vehicle was satisfied to Orbit Motors Rourkela for repair. After its repair the Orbit Motors Pvt Ltd Rourkela
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submitted a bill amounting to Rs.1,18,736/- (Rupees one lakh eighteen thousand seven hundred and thirty six) only to the complainant accordingly the complainant claimed the above amount from the O.P on dt.11.10.08. But the claim of the complainant was repudiated by the O.P on the ground that the vehicle was not registered at the timed of accident and also temporary registration was not valid on the date of accident for which the O.P does not hold any liability in lieu of the claim and the claim of the complainant was treated as no claim.
The temporary registration was valid up to sept 07 and sundargarh the petitioner applied for permanent registration of the vehicle and the authority after taking penalty and registration fee registered the alleged vehicle bearing No.OR 14Q 1858 for which the complainant has filed the instant dispute case with a prayer for a direction to the O.P to pay Rs. 1,18,736/- (Rupees one lakh eighteen thousand seven hundred and thirty six) only as repair of the vehicle along with 12% interest per annum till realisation and to pay Rs.50,000/- (Rupees fifty thousand) only towards harassment and mental agony and Rs.20,000/- (Rupees twenty thousand) only towards litigation cost.
2. The O.P appeared through his learned Advocate and submitted the written version wherein it has raised objective regarding the jurisdiction and maintainability of the case. Further it has has stated that as per the complaint petition the vehicle was insured with the National insurance from 12.10.07 to 11.10.07 and thereafter was insured with the O.P from 12.10.06 to 11.10.08 and the vehicle met with an accident on 19.10.07 at Rajgangpur. After receipt of the claim and after due investigation the O.P came to conclusion that the vehicle was used without valid document and temporary registration was also not valid as the date of accident for which intimated the complainant vide its letter dt.13.12.08 that the claim of the complainant is not maintainable and clause the claim as no claim and prayed for the dismissal of the case as there is no deficiency in service on the part of the O.P.
3. Heard the learned advocate appearing for both the parties and perused the documents as submitted by the parties in their support. We have gone through the case in detail. There is no dispute about the insurance of the vehicle. The claim of the complainant has been repudiated on the ground that the vehicle was used without valid document and the temporary registration was not valid on the date of accident. However it is the RTO who will take action against the complainant for not having valid documents.
It is also the duty of the O.P to verify the documents of the vehicle before issuing policy. Authority one there to penalised person who are
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plying the vehicle without valid document appointed by the government not the O.P. The O.P is liable to indemnify the loss of the complainant due to accident.
4. Thus under the circumstances we direct the O.P Rs.1,18,736/- (Rupees one lakh eighteen thousand seven hundred and thirty six) only deducting the depreciation within 30 days from the date of receipt of this order, failing which the O.P would be liable to pay 12%(twelve) percent interest per annum on the awarded amount from the date of receipt of this order till the actual date of payment to the complainant.
The case is disposed off accordingly.
Complaint is allowed.
Md. Inclab Ummar
President.
1. S. Patel, lady Member, I Agree.
2. S.K.Choudhury,Member,I Agree.