PITAMBERDAS Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 11.6.2001 in Complaint No.11/2003 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) dismissing the complaint of the complainant/appellant.

(2.) The original complainant/appellant Dhaneshwar Das filed a complaint alleging that he is the owner of a Mahindra Jeep bearing registration No. MP 23 GA 5080. It was further alleged that in order to pay the premium of insurance of the said jeep, he obtained a draft dated 17.7.1999 for Rs.7,462/- from State Bank of India, Pithora and deposited the same with the respondent insurer who directed that the policy shall be issued on 19.7.1999 and that the appellant should collect the policy documents on the said date i. e. , on 19.7.1999. However, on 19.7.1999 when the complainant went to collect the policy document he was informed by the respondent insurer that since the vehicle had met with an accident, the policy of insurance shall not be issued. Subsequently, the complainant/appellant sent letters dated 29.7.1999, 7.8.1999, 16.9.1999 and 7.10.1999 requesting the respondent insurer to issue the insurance policy but the same remained unheeded. The Bank Draft for payment of premium amount, submitted by the complainant was also returned to him by the respondent/insurer on 28.10.1999. It was averred by the complainant that the respondent/insurer committed deficiency in service by not insuring the vehicle. The complainant prayed that the vehicle be insured from 17.7.1999 and the respondent insurer should issue an insurance policy in that regard. Compensation of Rs.5,000/- for mental harassment and inconvenience due to delay was also sought by the complainant.

(3.) The complaint was resisted by the respondent insurer. It was averred that no premium was received by the respondent and that no proposal or application for insurance was submitted to the respondent insurer for issuance of the policy. It was denied that the policy was undertaken to be issued on 19.7.1999. It was averred that the complainant was not entitled to any relief claimed by him.