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Judgment
THIS appeal arises from order dated 11th July, 2003 rendered by the learned Ahmedabad District (Rural) Consumer Disputes Redressal Forum in Complaint No. 25/2003 directing the opponent Insurance Company to pay to the complainant 25% of the balance claim amount upon the complainant submitting R.C. Book to the opponent Insurance Company also directing the parties to bear their own cost.
WE have heard the learned Advocates for the parties. WE have gone through the impugned order. It would appear that soon after the purchase of Maruti Zen Car which was insured with the opponent Insurance Company it was stolen. This resulted into opponent Insurance Company making payment of 75% of the claim that is Rs. 2,25,000/-. Thus the balance claim to the extent of 25% i.e., Rs. 75,000/- is remained outstanding amount and that was to be paid upon the complainant furnishing R.C. book to the opponent Insurance Company.
The complainant would contend that it would not be physically possible to produce the R.C. book to the opponent Insurance Company as the car was stolen within the statutory period of one month of issuance of temporary registration. According to the complainant it would be necessary to produce the car before the Regional Transport Office for issuance of R.C. Book and that was not possible for the complainant to do as the car was stolen. Thus there is deficiency in service on the part of the opponent Insurance Company in detaining the 25% amount of the sanctioned claim.
LEARNED Forum referred to the receipt passed by the complainant in favour of the opponent Insurance Company and on account of the complaint''s admission for issuance of the R.C. Book by particular time learned Forum passed the impugned order. It has been submitted that it would not be possible for the complainant to produce R.C. book within a particular time as the car is still not traceable. In view of Section 44 of the Motor Vehicles Act, 1988 it would be necessary for the complainant to produce the vehicle before the transport authority for registration of the vehicle and for issuance of the R.C. Book. It would, therefore, clearly appear that fixation of date for production of R.C. book was dependent upon tracing out the vehicle in question. Admittedly it has not been traced out and the appropriate course would be to direct the complainant to give indemnity bond for release of the balance 25% payment. Such indemnity bond should contain within it the condition regarding issuance of R.C. Book upon the vehicle being traced out and handed over to the complainant or presented before the Regional Transport Office. Such indemnity bond would also contain alternate condition for handing over of the vehicle in question to the complainant against the complainant returning the whole amount less the amount that might be assessed by the opponent''s Surveyor, in case there is damage or loss of spare parts of the vehicle in question. Hence, bearing in mind the facts of the case we find it to be in the interest of justice to pass the following order:
OPPONENT Insurance Company is directed to pay to the complainant Rs. 75,000/- being the balance 25% amount of the sanctioned claim immediately upon the complainant giving indemnity bond as stated above to the opponent Insurance Company. Complainant will hand over the indemnity bond within four weeks from today to the opponent Insurance Company and the opponent Insurance Company shall make payment within two weeks from the submission of the indemnity bond. It is made clear that if the opponent Insurance Company defaults in making payment as directed above it will be liable to pay interest @ 9% p.a. from the date of complaint till payment. This appeal is accordingly disposed of with no order as to cost. Appeal disposed of.