MADHU SOOD Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is a complaint under Sec.17 of the Consumer Protection Act, 1986 (hereinafter called the 'act') praying for directions to be issued to the opposite parties to pay Rs.8 lacs along with 18% per annum interest.

(2.) Briefly stated the facts of the case are that the complainant purchased a vehicle (tanker) after taking loan from Canara Bank, Civil Lines Branch, Jhansi on 20.3.1996, the registration of which is MP 17 C1494. The complainant has all the valid documents. It was further stated that said vehicle was being used for carrying oil to different States and was engaged in the business of transporting the oil to different places. The complainant got the vehicle insured with Oriental Insurance Company Limited for the period 20.6.1998 to 19.6.1999 and accordingly a Cover Note No.513641 was issued. Further on 20.6.1998 the complainant's tanker started from Mathura for Jhansi at 11.00 a. m. and the vehicle reached the Sales Tax Barrier, Ambabai and at the Sales Tax barrier the entry to the effect was made. At 11.20 a. m. the tanker reached the Bundelkhand Degree College which is about 14 kms from the Sales Tax Barrier and at the Bundelkhand Degree College the vehicle was inspected by the Insurance Agent Mr. Deepak and after inspecting the tanker for 5 minutes the tanker was allowed to proceed to its destination and started preparing the cover note after inspecting the vehicle at 11.30 a. m. on the same day the tanker of the complainant, it was alleged, reached Haji Sons Pump which is 3 kms. from the petrol pump where fire took place and the vehicle of the complainant was burnt. Information to this effect was made to the police station and the fire brigade reached the sport and made efforts to control the fire. On 22.6.1998 the complainant lodged an F. I. R.

(3.) The complainant submitted an application on 23.6.1998 to the Divisional Manager, Oriental Insurance Company Ltd. along with original copy of the F. I. R. on 10.7.1998 the employees of the Oriental Insurance Company Ltd. took the statement of the complainant. Further on 23.7.1998 the Surveyor and Loss Assessor of the opposite parties wrote to the complainant and asked her to furnish certain documents, which was done by the complainant. However, the claim of the complainant was not satisfied. On 10.11.1998 the complainant sent a legal notice to the opposite parties asking them to settle the claim of the complainant. Finally a complaint was filed by the complainant on 10.12.1998 on the wrong advice in the District Consumer Forum, Jhansi which was not maintainable on pecuniary jurisdiction. On 23.2.1999 the complainant withdrew the complaint with a view to file it before the State Commission.