State Consumer Disputes Redressal Commission
Balraj Singh vs United India Insurance Company Limited on 9 August, 2017
FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.358 of 2017
Date of Institution: 12.05.2017
Reserved on : 08.08.2017
Date of Decision : 09.08.2017
Balraj Singh son of Sukhbir Singh resident of Bedi Street, Dashmesh
Nagari, Jalalabad, District Fazilka.
.....Appellant/Complainant
Versus
1. United India Insurance Company Limited, 18, Gaushala Road,
Abohar Tehsil, Abohar, District Fazilka through its Divisional
Manager.
2. United India Insurance Company Limited, 24, Whites Road,
Chennai through its Managing Director.
....Respondents/Opposite Parties
First appeal against order dated
17.03.2017 passed by the District
Consumer Disputes Redressal
Forum, Ferozepur.
Quorum:-
Sh. J.S. Klar, Presiding Judicial Member.
Smt. Surinder Pal Kaur, Member Present:-
For the appellant : Sh.G.G.Singh Rai, Advocate
For the respondents : Sh.Munish Goel, Advocate
................................................... First Appeal No.358 of 2017 2 J. S. KLAR, PRESIDING JUDICIAL MEMBER:-
The appellant has directed this appeal against order dated 17.03.2017 of District Consumer Disputes Redressal Forum, Ferozepur (in short the "District Forum"), dismissing the complaint of the appellant of this appeal. The respondents of this appeal are opposite parties in the original complaint before the District Forum Ferozepur and appellant of this appeal is complainant therein, and they be referred as such, hereinafter, for the sake of convenience, as arrayed in the original complaint.
2. Complainant filed the complaint under Section 12 of the Consumer Protection Act, 1986 against OPs on the averments that he purchased truck truaulla bearing RC No.PB-05-AB-9226, make tata lps 4018 tip trailer tipper and the same was insured with Ops, vide covernote No.2001003116N100026404 for the period 23.03.2016 to 24.03.2017 by paying requisite premium therefor to Ops. The said truck was financed by HDFC Bank Ltd. and the lien of the above bank was incorporated in its registration certificate as well as on the insurance policy. One Jaspal Singh son of Kulwant Singh, resident of House No.153B, Arjun Nagar, Jalandhar was the driver to ply the said truck. Driving licence was issued to Jaspal Singh by DTO, Jalandhar under the seal and signatures of the Transport Authority Jalandhar. The insured vehicle met with an accident on 07.05.2016 at Kandla Mundra Road, Gandhi Dham Gujarat, while driven by Jaspal Singh without any negligence on his part. Fact of accident of insured vehicle was duly intimated to Ops by the First Appeal No.358 of 2017 3 complainant. Surveyor-Parveen Kumar Goyal was deputed by Ops to make spot inspection on 07.05.2016. Accidental vehicle was moved to Gandhi Dham by Yogesh Crane Service and complainant paid Rs.15,000/- to the said agency. He paid Rs.65,000/- for lifting and fuel charges of the vehicle. The accidental vehicle was repaired by Dada Motors Pvt. Ltd. uptil 31.07.2016 at the instance of Ops. The bill of Rs.8,76,440/- was paid to it through cheque and Rs.1 lac was paid on 06.06.2016 after getting loan from HDB Finance Company by him. Despite repair of vehicle by Tata Dada Motors Pvt.Ltd. G.T.Road, Malwal Qadim, opposite Bazidpur Gurudawara, Ferozepur, the insurance claim was repudiated by OPs, vide letter No.1346 dated 07.09.2016 in an illegal and arbitrary manner. The complainant has, thus, filed complaint directing Ops to pay amount of loss of the vehicle Rs.8,76,440/- with interest @ 12% per annum till payment. He further prayed for amount of Rs.1,35,450/- along with interest on account of instalaments paid by him towards parking charges, when the truck was parked at Dada Motors Pvt.Ltd., Ferozepur after repair and further prayed for compensation of Rs.1,00,000/- for mental harassment and Rs.10,000/- as litigation costs.
3. Upon notice, OPs No.1&2 filed their written reply raising preliminary objections that complaint is false, frivolous and vexatious. Complex questions are involved in this case, which cannot be adjudicated by Consumer Forum and hence matter needs to be relegated to Civil Court for adjudication. As per terms and First Appeal No.358 of 2017 4 conditions of the policy, the driver must hold valid and effective driving licence at the time of alleged loss. Driving licence of Jaspal Singh bearing No.PB-0820-110334398 was got verified by Ops from Transport Officer Jalandhar and as per the report of the investigator namely Kashyap Investigating and Security Service, the driving licence of the driver Jaspal Singh was cancelled having been procured on fake documents. The licence was cancelled, vide Serial No.1613 having been procured on fake documents. This fact was also got confirmed by Kashpay Investigating and Security service, vide letter dated 14.09.2016. The claim of the complainant was rightly repudiated by Ops. Ops prayed for dismissal of the complaint.
4. The complainant tendered in evidence his affidavit Ex.C- 1, and documents Ex.C-2 to Ex.C-20 and closed the evidence. As against it, Ops tendered in evidence affidavit of Mr.Ramesh Kumar Goyal Divisional Manager Ex.OP-1 and documents Ex.Ops-2 to Ex.OPs-16 and closed the evidence. On conclusion of evidence and arguments, the District Forum dismissed the complaint of the complainant, as referred to above. Dissatisfied with the above order of District Forum Ferozepur dated 17.03.2017, complainant now appellant has directed this appeal against the same.
5. We have heard the learned counsel for the parties at considerable length and have also examined the record of the case. The affidavit of the complainant Ex.C-1 on the record has been perused by us. He stated in it that when he employed Jaspal Singh as driver, he checked his driving licence, which was issued by DTO, First Appeal No.358 of 2017 5 Jalandhar under his seal and signatures. He further deposed regarding accident of the insured vehicle on 07.05.2016. He further stated that accidental vehicle was taken to Dada Motors Pvt. Ltd. Ferozepur with the approval of Ops, where bill of Rs.8,76,440/- of repair charges was paid by him. He further deposed regarding the fact of taking the insurance policy of the vehicle from Ops. Ex.C-2 is the registration certificate of the insured vehicle. Ex.C-3 is the cover- note of insurance policy No.2001003115P116195259 from 25.03.2016 to 24.03.2017. Photostat copy of driving licence of Jaspal Singh is Ex.c-4 on the record, which was issued on 17.08.2011 and shown to be valid upto 21.08.2018 for transport vehicle. Ex.C-5 is email regarding accident of vehicle on 07.05.2016. Complainant paid Rs.15,000/- for removal of vehicle from the site of accident, vide bill No.121 dated 07.05.2016 issued by Yogesh Crane Service Ex.C-6 on the record. The record of Dada Motors Pvt.Ltd. is Ex.C-7 and copy of invoice Ex.C-8 on the record. Rs.8,76,440/- was raised as repair charges by Dada Motors Pvt.Ltd. Ferozepur of this accidental vehicle. The certificate issued for the repairs of the insured vehicle is Ex.C-10 on the record. Repudation of the insurance claim by Ops addressed to complainant is Ex.C-11 on the record. Ex.C-12 is Photostat copy relied upon by the complainant to the effect that the particulars of driving licence from serial No.1-9 are true pertaining to Jaspal Singh driver. Ex.C-15 is the letter of District Transport Officer addressed to Jaspal Singh, vide No.1613 dated 05.09.2016 cancelling his driving licence for heavy transport vehicle. The document Ex.C-15, which has been produced by the First Appeal No.358 of 2017 6 complainant has proved that driving licence of Jaspal Singh has been cancelled on 05.09.2016 by District Transport Officer, Jalandhar. Ops produced affidavit of Ramesh Kumar Goyal, Divisional Manager Ex.Ops-1 on the record to the effect that as per terms and conditions of the policy, the driver of the insured vehicle must hold valid and effective driving licence at the time of alleged loss. He stated that driving licence of Jaspal Singh bearing No.PB- 0820-110334398, which was got verified from Licencing Authority, Jalandhar was cancelled having been procured by fake documents. He further stated that insurance claim has been rightly repudiated by Ops, vide Ex.Ops-2. Report of surveyor is Ex.Ops-3 on the record. Ex.Ops-4 is verification of licence No.PB-0820110334398 by District Transport Officer, Jalandhar regarding cancellation of the driving licence. Ex.Ops-6 is letter dated 29.09.2016 of the Surveyor to Ops to the effect that DTO Jalanadhar has confirmed that first report dated 05.09.2016 is genuine regarding cancellation of the licence. Ex.Ops-11 letter by DTO, Jalandhar to Jaspal Singh-driver that driving licence of Jaspal Singh was found fake and was cancelled by DTO, Jalandhar.
6. District Forum Ferozepur dismissed the complaint of the complainant on the ground that claim cannot be settled on non- standard basis on account of fundamental breach of the policy, because there was no effective and valid driving licence with the driver-Jaspal Singh at the time of accident. Only this point is involved in this case for adjudication as to whether driving licence of Jaspal First Appeal No.358 of 2017 7 Singh driver was cancelled by DTO, Jalandhar or it was a valid licence.
7. We have examined the documents on the record from the office of District Transport Officer, Jalandhar. The Photostat copy of driving licence is Ex.C-4 on the record. Photostat copy of report of DTO, Jalandhar dated 08.09.2016, vide No.1687 is Ex.C-12 on the record. This report shows that on 08.09.2016, there is no mention of cancellation of driving licence of Jaspal Singh driver by DTO, Jalandhar. Ex.C-15 is photocopy of letter No.1613 dated 05.09.2016 regarding cancellation of driving licence issued by DTO, Jalandhar to Jaspal Singh. If the licence of Jaspal Singh driver was cancelled on 05.09.2016, then how it could be shown to be a valid driving licence in photostat copy of report of DTO, Jalandhar in Ex.C-12. This is a dubious circumstance appearing on the record in this case. On the other hand, OPs also relied upon report of Pargat Singh, Surveyor Ex.OPs-3. Ex.OPs-4 is verification of licence of Jaspal Singh from the office of DTO Jalandhar dated 23.09.2016. We have come to this conclusion that there are conflicting reports submitted by DTO, Jalandhar on the record on the point, if DTO, Jalandhar had cancelled the licence by means of report on 05.09.2016, vide Ex.C- 15, then how it could not be so shown in subsequent report issued by DTO, Jalandhar on 08.09.2016, Ex.C-12 on the record. Different reports of District Transport Officer Jalandhar are on the record, which are contradictory to each other with regard to the point of cancellation of driving licence of Jaspal Singh driver. It is paramount First Appeal No.358 of 2017 8 duty of the Forum to decide the case on its merits, so that Principle of interest of justice is duly served. Considering the totality of the facts and circumstances of the case, we are of this view that the case deserved to be remanded to District Forum Ferozepur for fresh adjudication by summoning the entire original record pertaining to this driving licence of Jaspal Singh from the office of DTO, Jalandhar inclusive of above contradictory reports, so that the case is then decided as per existing facts on its merits.
8. As a corollary of our above discussion, we accept the appeal of the appellant and set aside the order of District Forum Ferozepur dated 17.03.2017 and hereby remand the case to District Forum with the directions to summon the entire original record from the office of DTO Jalandhar pertaining to driving licence No.PB- 0820-110334398 dated issued on 17.08.2011 to Jaspal Singh, S/o Kulwant Singh, R/o H.No.153-B, Arjun Nagar, Jalandhar and to record the statement of custodian of record or concerned official on oath and then to decide the case afresh on the basis of original documents, as directed in this order.
9. Parties are directed to appear before District Forum Ferozepur on 06.10.2017. Record of the District Forum be sent back, so as to reach there before date fixed.
10. Arguments in this appeal were heard on 08.08.2017 and the order was reserved. The certified copies of the order be communicated to the parties under rules.
First Appeal No.358 of 2017 9
11. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(J. S. Klar) Presiding Judicial Member (Surinder Pal Kaur) Member August 09, 2017 Rupinder-2