ORIENTAL INSURANCE COMPANY THROUGH ITS BRANCH MANAGER, C Vs. SHAKIR ALI & ANR. S/O SRI RASHID ALI, R/O MOHALLA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 14.01.2016, passed by the U.P. State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Appeal No. 2825/2013, "Oriental Insurance Company Ltd. Vs. Shakir Ali & Ors." vide which, while dismissing the appeal, the order dated 31.10.2013, passed by the District Forum Mainpuri UP, allowing the said complaint, filed by the complainant/respondent No. 1, Shakir Ali, was upheld.

(2.) The facts of the case are that the complainant Shakir Ali is the owner of truck No. RJ-14/2-G-9440, which was insured with the petitioner Oriental Insurance Company, vide policy No. 252602/31/2006/02068 for the period 202006 to 21.02007, in which the price of the truck was stated to be Rs. 8,88,000.00. The said truck was going to Guwahati, Assam on 09.10.2006, loaded with granite stone, when it overturned on account of a damaged bridge at Bharol under Police Post Arao, District Ferozabad and suffered damage. Intimation of the incident was given to the local Police as well as to the insurance company. The insurance company got a survey conducted about the incident. The truck was got repaired at Mainpuri by incurring an expenditure of 34,700.00 but the claim was not reimbursed by the insurance company. There was another incident also, when the said truck caught fire near Thana Madari Hat, District Jalpaiguri, West Bengal on 012006. An intimation about the incident was given to the local Police and the fire brigade. The insurance company was also informed which got the spot survey as well as the final survey conducted. However, the claim for the vehicle was not sanctioned to the complainant, despite submission of all relevant papers. A legal notice dated 17.02010 was sent by the complainant to the OP Insurance Company through registered post, but the reply to the notice was not given. The consumer complaint, in question, was then filed, seeking directions to the OP Insurance Co. to pay the claimed amount of Rs.11,75,650.00 along with interest @10% p.a. and Rs.5,000.00 as cost of litigation. The amount claimed included the expenditure made on the repair of the vehicle, for the goods laden in the vehicle and 2 lakhs as compensation for mental agony etc.

(3.) The complaint was resisted by the OP Insurance Company by filing a written statement before the District Forum, in which they stated that the insurance policy had been issued to the complainant from their office at Bareily (UP), whereas the two incidents took place in districts Ferozabad and Jalpaiguri, West Bengal respectively. The District Forum at Mainpuri did not have the jurisdiction to take cognisance of the consumer complaint. It was further stated that driving licence No. U-8973/Guwahati dated 24.07.1988 of the driver Umesh Chandra, made available by the complainant, was got verified from the Regional Transport Office (RTO) at Guwahati. It was found that the said licence had not been issued by the RTO, Guwahati. The claim was then repudiated on dates 20.02007 and 27.05.2008 by sending letters through registered post. The OP Insurance Company stated that the consumer complaint was also barred by limitation as prescribed under section 24A of the Consumer Protection Act, 1986. The District Forum after taking into account the averments made by the parties, allowed the consumer complaint vide their order dated 31.10.2013 and directed the insurance company to pay a total sum of Rs. 8,21,050.00 to the complainant along with simple interest @7% p.a. from the date of filing of the complaint. Out of this amount, Rs. 7,88,000.00 was allowed for the second claim, after deducting a sum of 1 lakh as depreciation from the sum insured under the policy. For the first incident, a sum of 18,050.00 was allowed as computed by the surveyor. In addition a sum of Rs.10,000.00 was allowed as compensation for mental agony and 5,000.00 as cost of litigation, making it a total of Rs.8,21,050.00. Being aggrieved against this order, the OP Insurance Company challenged the same by way of an appeal before the State Commission and the said appeal having been dismissed vide impugned order, the Insurance Company is before this Commission by way of the present revision petition.