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A/317/19 & A/886/19
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
Date of filing :18.02.2019
Date of order :28.04.2022
1.
FIRST APPEAL NO. : 317OF 2019
IN COMPLAINT CASE NO.: 85OF 2018
DISTRICT CONSUMER FORUM : PARBHANI
New India Assurance Co.Ltd. ,
Branch Office, Yashodeep Building,
Shivaji Building, Parbhani
Tq. & Dist.Parbhani.
New India Assurance Co.Ltd. ,
Through its Divisional Manager/Authorised Signatory,
Divisional Office, Mahesh Compound,
Adalat Road, Aurangabad.
…APPELLANT
VERSUS
Balaji Shriram Mundhe,
R/o Mundhe Nivas, Near Datta Mandir,
Nanded-Gangakhed Road,
Tq.Gangakhed, Dist.Parbhani.
RESPONDENT
Date of filing :08.05.2019
Date of order :28.04.2022
2.
FIRST APPEAL NO. : 886 OF 2019
IN COMPLAINT CASE NO.: 85OF 2018
DISTRICT CONSUMER FORUM : PARBHANI
Balaji Shriram Mundhe,
R/o Mundhe Nivas, Near Datta Mandir,
Nanded Road,
Tq.Gangakhed, Dist.Parbhani.
…APPELLANT
VERSUS
New India Assurance Co.Ltd. ,
A/317/19 & A/886/19
Branch Office, Yashodeep Building,
Shivaji Building, Parbhani
Tq. & Dist.Parbhani.
…RESPONDENT
CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial
Member.
Mr.K.M.Lawande, Hon’ble Member.
Present : Adv. S.G.Chapalgaonkar for insurance company ,
Adv.Amol Vasmatkar for org.complainant.
J U D G M E N T
(Delivered on 28/04/2022)
Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.
1. That, The New India Assurance Co.Ltd. preferred this appeal
No.317/19 against the judgment and order of District Commission Parbhani
in C.C.No.85/2018 decided on 31/12/2018 thereby allowing complaint
against them.
2. While the original complainant Balaji Shriram Mundhe has preferred
appeal No.886/2019 against the same judgment, for enhancement of the
amount as claimed in the original complaint as both appeals are arising out
of same order, they are being decided with common order. Parties are
hereinafter referred as per their status in the complaint.
3. It is the case of complainant Balaji Shriram Mundhe that he is
resident of Nanded Road, Gangakhed., Tq.Gangakhed , Dist.Parbhani. He
has purchased two air conditioned sleeper coach buses to run from Nanded
to Pune Road. His bus No.MH-04 FK 0636 is insured with opponent
A/317/19 & A/886/19
insurance company for the period between 29.08.2016 to 28.08.2017
bearing policy NO.1607003160100000269. It was insured at Jalgaon office
of opponent insurance company . He has obtained permit from Secretary of
State of Road Transport Authority , Mumbai on 28/08/2016 for his both
buses MH-04 FK 0636 & MH-04FK0626. As the travel business was in
slack since 20/12/2016 the complainant has parked his both the buses in
his field G.N.112/3 at Kasarwadi, Gangakhed in the courtyard of their
school Late Marotrao Maharaj School for handicap. It is alleged that in the
midnight at 2.00 a.m. on 30.12.2016 both the buses caught with fire. On
receiving information from the employee of school the complainant gave
phone call to fire brigade and also lodged complaint with police. Both buses
were totally damaged by that time. It is the contention of complainant that
as the fitness certificate of both the buses was about to be lapsed on
27.12.2016,he has parked both the vehicles since from 20.12.2016, without
plying to start with the process with R.T.O. for renewal of fitness certificate.
The complainant has submitted his claim proposals to opponent insurance
company . However, the opponent informed him about repudiation of his
claim on 31.01.2018. It was informed to him by opponent that as the permit
of buses lapsed on 27.12.2016 and he has not renewed the vehicle within
said period and he was supposed to get it renewed within time and to give
intimation to the R.T.O. that he has parked his buses closed without plying
on road.
4. It is contention of complainant that he has kept both buses close
