State Consumer Disputes Redressal Commission
Branch Manager Rajaram Bapu Patil Sah ... vs Shri. Sitaram D. Mali And Ors. on 17 October, 2019
A/01/1473 1
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
FIRST APPEAL NO.A/01/1473
Branch Manager,
Rajaram Bapu Patil Sahakari Bank Ltd.,
Peth Branch, Islampur, Tal.Walwa,
Dist.Sangli. ...........Appellant(s)
Versus
1] Sitaram Dattatraya Mali
Deceased through its legal heirs.
1a] Sunil Sitaram Mali [Deceased]
1ai] Manisha Sunil Mali,
1aii] Onkar Sunil Mali,
1b] Suman Sitaram Mali,
1c] Sachin Sitaram Mali,
1d] Sachin Sitaram Mali,
All r/o. Kapuskhed Naka,
Mali Galli, Islampur,
Tal.Walwa, District Sangli.
1e] Sou.Sangeeta Sambhaji Khobare,
R/o. Walve Galli, Near Water Tank,
(Panyachi Taki), Miraj, Tal.Miraj,
District Sangli.
2] Branch Manager,
United India Insurance Co.Ltd.,
Opp.Islampur Kacheri,
Tal.Walva, Dist.Sangli. ............Respondent(s)
BEFORE:
Hon'ble Mr. Justice A.P.Bhangale, PRESIDENT
Hon'ble Mr. A.K.Zade, MEMBER
For the Appellant: Adv.Rahul B. Khot i/b. Adv.Nagesh Chavan For the Respondent: Adv.Ranjeet Patil for legal representatives of deceased late Sitaram Dattatray Mali.
Adv.Ajay Pawar i/b. Adv.Sanjay Gaikwad for respondent no.2.
A/01/1473 2ORAL ORDER Per Mr.Justice A.P.Bhangale, President This is a very old appeal pending since 2001. Last time, when appeal appeared before us on 13/09/2019, we had fixed it for final hearing before Division Bench.
Heard submissions at Bar.
Brief facts of the case are that the complainant, Sitaram Dattatraya Mali had bought Tempo Trax Jeep bearing registration no. MH-17-A-4353 after availing loan in the sum of Rs.1,24,000/- from Rajarambapu Patil Sahakari Bank, Walva, Dist.Sangli. Appellant/opponent Bank was expcted to get the vehicle insured by making payment of premium amount to the insured, United Insurance Co.Ltd., Sangli. However, unfortunately, on 06/09/1999, said Jeep was stolen and FIR bearing no.200/1999 was reported to Islampur Police Station. Police had investigated, but filed "A" summary final report before the Magistrate concerned indicating that incident was true but not detected. Under these circumstances, the bank had avoided responsibility for payment of compensation in view of vehicle stolen to the complainant on the ground that it is the liability of the insurance company to compensate loss of Trax Jeep bought by the complainant. The crux of the consumer dispute is that though the bank was expected to get the vehicle insured, the premium amount which ought to have been deposited with insurance company was not deposited. Therefore, there was no question of availing of benefit under the insurance from the insurer. It is under these circumstances, the learned District Forum made reference to ruling in United India Co.Ltd. vs. Shatrughn Sharma - reported in II (1999) CPJ 1 - to arrive at the conclusion that after bank accepting the amount payable to the insurer, if it is not sent to the insurer within time, the loss suffered by the complainant ought to be borne by the bank and not by insurance company which cannot be held liable in absence of insurance contract. This being conclusion, in the facts and circumstances of the case, the learned District Forum held opponent, Rajarambapu Patil Sahakari Bank A/01/1473 3 Ltd., Peth Branch, Islampur, Tal.Walva, Dist.Sangli responsible to compensate the complainant in the sum of Rs.2,04,000/- only together with interest @9% p.a. with effect from 06/09/1999 till realization. Learned District Forum was also pleased to award litigation cost in the sum of Rs.1,000/- and directed that in case default is committed to pay amount to the complainant, outstanding amount will have to be paid with interest @18% p.a. Since there was no liability as against the insurer, the complaint against opponent no.2 insurance company was dismissed, opponent no.1 bank was held liable to pay compensation together with interest as stated above.
We have gone through the impugned judgment and award. There is nothing wrong or unreasonable to set aside the award or to disturb the same. We, therefore, confirm it.
In the course of arguments at Bar, we are also informed that parties may work-out settlement in consumer dispute. If that is so, the opponent no.1 may do so even before executing forum at Sangli during stage of execution. In case the amount is deposited with the Forum or State Commission by the appellant as condition for interim stay, the amount shall be paid to the complainants with interest accrued on the amount, if any. We dispose of appeal accordingly as dismissed.
Dictated and Pronounced in the Open court on 17th October, 2019.
[ Justice A.P.Bhangale] PRESIDENT [A.K.Zade] MEMEBR pg