State Consumer Disputes Redressal Commission
Bashanti Lal Tank vs Oriental Insurance Company on 1 April, 2022
BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, JAIPUR
FIRST APPEAL NO: 485 /2021
Basanti Lal Tak s/o Sh. Lakshminarayan Tak r/o Near Ramdevji temple, Ward
N0. 15, Deoli Tehsil Deoli Tonk.
Vs.
Oriental Insurance Co. Ltd., Branch 3rd floor, Anand Bhawan, Sansar Chandra
Road, Jaipur through Regional Branch office Old Bus Stand, Tonk, Tehsil &
Distt. Tonk.
Date of Order 1.4.2022
Before:
Hon'ble Mr. Justice Banwari Lal Sharma-President
Hon'ble Mrs. Shobha Singh -Member
Hon'ble Mr.Liyakat Ali- Member Mr. Shailendra Chhabra learned counsel for the appellant Mr. Sandeep Saxena learned counsel for respondent no.1 Mr.G.B.Srivastava learned counsel for respondent no.2 Mr. Adarsh Verma learned counsel for respondent no.3 BY THE STATE COMMISSION ( PER HON'BLE MR. JUSTICE BANWARI LAL SHARMA, PRESIDENT ):
2
Present appeal is preferred by the appellant complainant assailing the impugned order dated 13.9.2021 passed by the learned DCC Tonk in Complaint Case No. 322/2018 ( Basanti Lal Tak Vs. Oriental Insurance Co. Ltd. & ors.) whereby the learned DCC partly allowed the complaint of complainant in following terms:
^^ vr% ifjoknh dk ifjokn foi{kh la- ,d ds fo:) Lohdkj dj foi{kh la- ,d dks vkns'k fn;k tkrk gS fd og ifjoknh }kjk lHkh vko';d iwfrZ;ka tks fd okgu LokfeRo ds gLrkUrj.k ds laca/k esa vko';d gS] ;fn 'ks"k gS rks dj fn;s tkus ds i'pkr~ chek jkf'k 530827@&:i;s ¼ikap yk[k rhl gtkj vkB lkS lRrkbZ'k :i;s ½ ,d ekg dh vof/k esa vnk djsA blds vfrfjDr ifjoknh dks gq, ekufld larki dh HkjikbZ gsrq 5]000@&:i;s ¼ikap gtkj :i;s ½ ,ao ifjokn O;; ds 3]000@&:i;s ¼rhu gtkj :i;s ½ Hkh vnk djsA uksV%& /kkjk 72 miHkksDrk laj{k.k vf/kfu;e 2019 ds vuqlkj vkns'k dh ikyuk ugha djuk rhu o"kZ rd ds dkjkokl ;k ,d yk[k :i;s ds vFkZ n.M vFkok nksuksa ls n.Muh; vijk/k gSA^^ Brief facts relevant for this appeal are that appellant complainant filed a consumer complaint before the learned DCC u/s 12 of the Consumer Protection Act,1986 on 13.9.2018 stating therein that his Mahindra Jeep Bolero Camper pick up 3 CBC XL bearing no. RJ 26 GA 3876 which was purchased from the authorized branch of M/s Auto World, Deoli on 17.3.2016 against payment of Rs.5,58,766/-. The aforesaid vehicle was insured with opposite party no. 1 after payment of premium amount in the tune of Rs. 24,739/- against which policy no. 241100/31/2016/9317 was issued which was effected from 16.3.2016 to 15.3.2017. During the policy period on 17.9.2016 the aforesaid vehicle was stolen by some one for which FIR was lodged at police station Deoli on 18.9.2016 bearing FIR No. 273/2016 and insurance company was also informed. Thereafter after repeated requests insurance company failed to pay the insurance amount of the vehicle. Lastly it was prayed that complaint may be allowed and the insurance amount of Rs. 5,30,827/- may be awarded in favour of complainant and Rs. 50,000/- may be awarded for mental and physical agony and Rs.
10,000/- may be awarded for litigation expenses with 18% interest. Opposite party no. 1 insurer in its reply denied the facts mentioned in the complaint. Lastly it was prayed that complaint may be dismissed.
4 Opposite party nos. 2 & 3 even after service did not appear before the learned DCC and learned DCC proceeded ex-parte against them.
Complainant and opposite party no.1 in support of their pleadings filed affidavits and documents. Thereafter after hearing the parties learned DCC partly allowed the complaint in aforesaid terms against which the complainant preferred this appeal for enhancement of award.
We have heard Mr. Shailendra Chhabra learned counsel appearing on behalf of appellant and Mr. Sandeep Saxena learned counsel appearing on behalf of respondent no.1, Mr. G.B.Srivastava learned counsel appearing on behalf of respondent no.2 and Mr. Adarsh Verma learned counsel appearing on behalf of respondent no.3. Mr. Shailendra Chhabra learned counsel appearing on behalf of complainant appellant submits that though learned DCC allowed the complaint and awarded the entire value of the vehicle but did not consider the fact that complaint was filed on 13.9.2018 and the vehicle was stolen on 18.9.2016 and 5 only three months time is given to insurer for deciding the claim but the learned DCC failed to award interest on the aforesaid amount in favour of complainant. He further submits that only Rs. 5000/- is awarded for mental and physical agony and Rs. 3000/- for litigation expenses which is very meagre amount therefore, this appeal may be allowed and interest may be awarded in favour of the complainant and compensation for mental and physical agony and litigation expenses may be enhanced. Mr. Sandeep Saxena learned counsel appearing on behalf of respondent no. 1 insurer supported the impugned judgment and submits that since appellant complainant failed to furnish the required documents before the insurer therefore, he himself is liable for the delay therefore, insurance company is not entitled for any interest. He further submits that compensation against mental and physical agony is sufficient and litigation expenses is also sufficient. Lastly it was prayed that appeal may be dismissed.
Mr. G.B.Srivastava learned counsel appearing on behalf 6 of respondent no.2 HDFC Bank supported the impugned judgment. Mr.Adarsh Verma learned counsel appearing on behalf of respondent no.3 M/s. Auto World also supported the impugned judgment and prayed that appeal may be dismissed.
We have considered the submissions made at Bar.
From the perusal of record of learned DCC it reveals that complaint was filed on 13.9.2018 and remained pending before the learned DCC till 13.9.2021. No reason was assigned by the learned DCC for not awarding interest. It is general rule that complainant is entitled for interest on the awarded amount. Interest can be denied only after assigning reasons. Since reason has not been assigned therefore, to that extent appeal requires to be allowed.
So far as mental and physical agony is concerned, it is true that appellant complainant suffered mental and physical agony first from theft of his newly vehicle and then attending dates of learned DCC and this Commission. Further from the 7 perusal of record it also reveals that appellant complainant purchased the vehicle after seeking loan from respondent no.2 where he was burdened by interest as well as penalties therefore, considering all these facts the amount of mental and physical agony which was awarded by the learned DCC in the tune of Rs. 5000/- is very meagre. Similarly litigation expenses which was awarded by the learned DCC in the tune of Rs. 3000/- also requires enhancement.
Considering all these facts after affirming the amount awarded by the learned DCC in the tune of Rs.5,30,827/- against loss of vehicle, we also allow the appeal to the extent that appellant complainant is entitled for interest @ 10% p.a. on the aforesaid amount from the date of filing of the complaint i.e. 13.9.2018 to the date of realization of the amount and compensation amount against mental and physical agony is also enhanced from Rs. 5000/- to Rs.35,000/- and litigation expenses is also enhanced from Rs. 3000/- to Rs.20,000/-. Respondent no.1 is only liable for the aforesaid enhanced amount and interest. It is directed that the aforesaid enhanced amount and interest be paid to the complainant 8 within two months from today failing which the enhanced amount will also bear interest @ 10% p.a. from today.
The appeal stands disposed of accordingly.
(Liyakat Ali) (Shobha Singh) (Banwari Lal Sharma) Member Member President nm