Justice Shri R.S. Sharma, President - (1.) This appeal is directed against the order dated 26.03.2016, passed by the District Consumer Disputes Redressal Forum, Bilaspur (C.G). (henceforth District Forum for short), in Complaint Case No. CC/158/2014. By the impugned order, learned District Forum, has allowed the complaint of the complainant and directed that : 1) The O.P. No. 1 & O.P. No. 2 will pay to the complainant within a period of one month from the date of order a sum of Rs. 5,84,250/- (Rupees Five Lakh Eighty Four Thousand Two Hundred Fifty) which is Insured Declared Value of the accidented vehicle. 2) The O.P.No.1 & O.P.No.2 will pay a sum of Rs. 50,000/- (Rupees Fifty Thousand) to the complainant towards compensation for mental agony. 3) The O.P.No.1 & O.P.No.2 will pay a sum of Rs. 3,000/- (Rupees Three Thousand) to the complainant towards cost of litigation. 4) The O.P.No.4 shall bear its own cost.
(2.) Briefly stated the facts of the complaint of the complainant are that the complainant is a farmer and he purchased a tractor manufactured by New Holand Company from the O.P.No.3 with the financial assistance of the O.P.No.4. The model number of the tractor is NEW HOLAND 4010, ENGINE NO./CHASSIS No. D70524/6199671. At the time of purchasing tractor, the O.P. No. 3 met the complainant with agent of the O.P. No. 4. After getting completing all the formalities regarding the finance of the vehicle, the premium amount of the insurance was deducted from the financed amount. The Finance Company told the complainant that there is an agreement between Finance Company and the O.P. No. 1 and O.P.No.2. If the complainant wants to obtain financed amount, then he would required to take insurance policy from the O.P.No.1 and O.P.No.2. As the complainant was not aware from the legal facts and other legal procedure, therefore, on the basis of assurance given by the O.P.No.3 and O.P.No.4 he obtained insurance policy from the O.P. No.1 & O.P.No.2. The employees of the Finance Company made arrangement to meet the complainant with R. Jagdish Rao, who is agent of the O.P.No.1 & O.P.No.2. Jagdish Rao informed that during the period of subsistence of the insurance policy, if any damage is caused to the insured vehicle, then all expenses and damage would be paid by the Insurance Company. The complainant believed on the version of the agent Jagdish Rao and obtained the policy from the O.P.No.1 and O.P.No.2. The number of the insurance policy is 1501722343002503 and cover note No. is 313000142172. The vehicle in question is insured with the O.P.No.1 and O.P.No.2 for the period from 01.08.2012 to 31.07.2013. On 27.02.2013 one child namely Manish Kumar Nayak met with accident with vehicle in question and due to the accident, some unknown persons have burnt the tractor of the complainant. Lal Chand Puri lodged report before Police Station, Marwahi. Initially offence No. 0/2013 was registered under Section 435 IPC and thereafter regular First Information No. 38/2013 was registered on 27.02.2013 by Police Station, Marwahi. Due to the said accident, the vehicle in question was completely burnt. As during the subsistence of the insurance policy, the vehicle was damaged, therefore, the complainant submitted claim form in the office of the O.P.No.1 & 2 for getting compensation The O.P.No.1 sent letter dated 03.09.2013 to the complainant in which documents were demanded from him and within 2- 4 days of receipt of the letter, the complainant submitted all relevant documents to the O.P.No.1 & O.P.No.2. The Surveyor of the Insurance Company examined the vehicle of the complainant that it comes in the category of total loss. The vehicle in question was completely damaged, therefore, the complainant was entitled for getting entire price of the vehicle in question, but for a long time, the Insurance Company did not make any correspondence regarding payment of his claim. The complainant through agent of the O.P.No.1 & O.P.No.2 contacted to office of the O.P.No.1 & O.P.No.2 and he was informed that the claim case No. 2131024119 has already been closed, whereas the complainant has not received any notice regarding repudiation of his claim and has also not received any letter till date that on what ground his claim has been closed. The O.P.No.1 and O.P.No.2 without any justified ground has closed the claim of the complainant. The complainant paid premium amount and obtained the insurance policy from the O.P.No.1 & O.P.No.2. During subsistence of the insurance policy, the insured vehicle met with accident and the complainant did not violate terms and conditions of the insurance policy, therefore, he is entitled to entire claim amount from the O.P.No.1 & O.P.No.2 as per terms and conditions of the insurance policy. The O.P.No.3 & O.P.No.4 are also liable because they forced the complainant to obtain policy from the O.P.No.1 & O.P.No.2 and on the basis of assurance given by the OPs, the complainant obtained insurance policy. The vehicle in question met with an accident during the subsistence of the insurance policy, therefore, the Insurance Company is liable to pay the claim amount to the complainant, but the Insurance Company did not pay the claim amount to him and also did not given any information to the complainant regarding settlement of his claim and repudiation of his claim, which shows deficiency in service on the part of O.P.No.1 & O.P.No.2. The complainant sent legal notice to the O.P.No.1 to 3 on 26.05.2014 but in spite of damage of the vehicle completely, they did not give the entire cost of the vehicle to the complainant. Hence the complainant filed the instant complaint.
(3.) The O.P.No.1 & O.P.No.2 have filed their written statement and averred that since despite repeated request vide letters dated 03.09.2013, 14.08.2013 and 08.07.2013, the complainant failed to produce copy of Driving Licence, Fitness, RC Book, Criminal papers and other requisite documents and even after service of letter to the complainant, he failed to produce the same therefore claim has been closed. The vehicle was under Hire Purchase Agreement with the Bank namely Magma Finance and HP/Lease agreement has not been terminated between the Finance Company and complainant till date the O.P.No.1 & O.P.No.2 have continuously and repeatedly made a request to complainant to obtain No Objection Certificate from the Finance Company as the HP/Lease Agreement has not been terminated and upon the production of same the amount so assessed by the Surveyor will be disbursed accordingly but till date the complainant has failed to do so and has filed instant complaint and same is premature and deserves to be dismissed as due to inaction on the part of the complainant. The matter is pending for consideration and without NOC from Finance Company, it is difficult to release the amount. Even the complainant has not impleaded the Finance Company as party in the complainant and for non-joinder of necessary party the complaint deserves to be dismissed. In case of total loss Insured Declared Value (IDV) is payable. The complaint is premature and is liable to be dismissed. There is no deficiency in service on the part of the O.P.No.1 & O.P.No.2 as after incident claim was registered well within time and due to inaction on the part of the complainant, the claim has been closed. No additional premium has been received to cover the Fire Insurance. The O.P.No.1 & O.P. No. 2 have not committed any deficiency in service, therefore, they are not liable to pay any interest or penalty to the complainant. For want of documents the claim is pending. The O.P.No.1 & O.P.No.2 have not committed any deficiency in service. The complaint is liable to be dismissed.;