Satish Kumar case judgment when he was driver
Before the District Consumer Disputes Redressal Forum, Kangra at Dharamshala, District Kangra (HP)


Consumer complaint No: 265/06

Date of presentation: 20.9.2006

Date of decision: 20.3.2009


M/S Kangra Ex-serviceman Transport Company through its Proprietor Shri Chamel Singh Pathania village Bari, PO Bane-Di-Hatti, Tehsil Dehra, District Kangra (HP)


Complainant

Versus


The Oriental Insurance Company Ltd. Branch Office, Palampur District Kangra (HP) through its Branch Manager


Opposite party


Complaint under section 12 of the Consumer Protection Act, 1986


PRESIDENT: A.S. JASWAL

MEMBERS:PABNA SHARMA AND PARDEEP DOGRA


For the complainant: Sh. M.G.Thakur, Advocate

For the opposite party: Sh. Neeraj Bhatnagar, Advocate


ORDER

A.S. JASWAL, PRESIDENT (ORAL)


M/S Kangra Ex-Service Transport Company through its Proprietor Sh. Chamel Singh (hereinafter referred to as complainant) has filed this complaint against the opposite party on the allegations that bus bearing No.HP-40-5537 owned by it, during the subsistence of the Insurance, had met with an accident on dated 28.1.2004 when the same was on its route to Mandi. Upon this, the opposite party was informed accordingly and that after completing necessary formalities alongwith particulars of the driving licence of Satish Kumar son of Sh. Jaisi Ram, who was driving the vehicle at the relevant time, the claim was submitted to the opposite party, but it did not settle its claim and thus committed deficiency in service.

2. The complaint has been resisted and contested by opposite party by raising preliminary objections qua cause of action, locus standi, maintainability, estoppel, and that the complainant has suppressed material facts from this Forum. On merits, it has been asserted that on receipt of claim papers from the complainant, an independent surveyor was appointed who assessed the loss to the vehicle to the tune of Rs. 2, 73, 500/- subject to the terms and conditions of the insurance policy. It is further pleaded that on verification, of the driving licence bearing no.S/33710 of Sh. Satish kumar son of Jaisi Ram, conducted by Sh. B.L. Sharma, Investigator from Motor Licensing Authority, Una, the same was found fake as is evident from his report Annexure OP-3 placed on record. It is further stated that the duplicate licence of the driver was not originally issued to Motor licensing Authority, Kangra. Infact, the same was issued by the Motor Licensing Authority, Una. Thus, the complainant has committed the breach of the terms and conditions of the Policy and that the opposite party is not liable to indemnify the complainant.

3. This Forum on 3.5.07 framed the following points for determination:-

1. Whether the opposite party committed deficiency in service, as alleged? OPC

2. Whether the complaint is not maintainable, as alleged? OPOP

3. Relief

4. For the reasons to be recorded hereinafter while discussing points for determination, our findings on the aforesaid points are as under:-

Point no.1: No

Point no.2: Decided accordingly

Relief: The complaint is partly allowed as per operative part of the order.


REASONS FOR FINDINGS

POINTS NO.1 & 2


5. Both these points are inter connected and inter linked, hence are taken up together for determination, in order to avoid repetition in discussion and for the sake of brevity. Learned counsel for the complainant has argued that the opposite party has failed to settle his claim and thus committed deficiency in service.

6. On the other hand, learned counsel for the opposite party has argued that the complainant has suppressed material facts qua driving licence of driver Sh. Satish Kumar, son of Jaisi Ram, who was driving the vehicle at the relevant time. He urged that the duplicate licence bearing No.S/33710 was renewed by Motor Licensing Authority, Kangra and not issued by it. Infact, the same was issued by Motor Licensing Authority Una. However, on verification, conducted by the Investigator of the opposite party, the said licence was found fake and thereafter, the claim of the complainant had been rightly been repudiated by the answering opposite party.

7. In rebuttal, the learned counsel for the complainant has argued that on the basis of decision given by learned Motor Accident Claim Tribunals, the driving licence of Sh. Satish Kumar, the driver of the vehicle, at the relevant time, has been held to be valid.

8. To appreciate the arguments of the learned counsel for the parties the entire record available on the file was gone into in detail. The complainant has filed his affidavit, Ex.CW1, in which he has re-counted the averments as made in the complaint. It is admitted case of the parties that the vehicle of the complainant had met with an accident during the subsistence of theInsurance Policy . It is also not a disputed fact that after receipt of intimation regarding the accident, the opposite party had appointed its independent Surveyor, who vide his detailed report Annexure OP-16, assessed the loss to the tune of Rs.2, 73, 500/- as net loss subject to the terms and conditions of theinsurance Policy.

9. The contention of the complainant is that the driver, namely Sh. Satish Kumar, was having a valid and effective driving licence at the relevant time, which was issued by the Motor Licensing Authority, Kangra at Dharamshala. Whereas the defence of the opposite party is that the duplicate licence of the driver was not originally issued by Licensing Authority, Kangra . Infact the same was originally issued by Licensing Authority, Una and that on verification, conducted by the Investigator Sh. B.L., the driving licence bearing no.S/33170 was found fake.

10. To prove its such defence, the opposite party has filed the photo copy of the statement of Sh. Satish Kumar, Annexure oP6 which was recorded by Sh. Deepak Sood, Surveyor. As per this statement, the driving licence had been issued to Sh. Satish Kumar by licensing Authority, Una in the year 1984. He also stated to this effect that his original driving licence is with the owners of the vehicle. Ex.OPW-4 is the affidavit of Sh. Deepak Sood, wherein he has supported this fact of having recorded the statement of Sh. Satish Kumar (driver) of the bus at the relevant time, on oath. In order to get verified the photo copy of the duplicate licence of Sh. Satish kumar, driver, at the relevant time, the services of Sh. D.P.Sharma, Investigator had been availed. As per his report, Annexure OP-7, he has mentioned that on having made inquiries from the office of RLA, Una, it was found that driving licence No.S/33170 had not been issued by R.L.A Una. In his report, he has stated the aforesaid driving licence to be fake.

11. Ex.OPW-1 is the proof affidavit of said D.P. Sharma, wherein he has supported this fact that on investigation/inquiry, the driving licence i.e. S/33710 was fond to be fake. Ex.OPW2 is the affidavit of Sh. B.L. Sharma, wherein he has stated that on having verified the driving licence S/33170 from RLA Una and from Renewal Authority, MLO Office, kangra, he submitted his report Annexure oP-3. Annexure OP-10 is the investigation report given by Sh. Rajan Sharma, in respect of the accident of the vehicle in question. During investigation, he had also visited the office of Motor Licensing Authority, Una because the licence of Satish kumar, the driver at the relevant time, had been stated to be issued in the year 1984 from Una. From the concerned office, he came to know that driving licence No.S/33170 in the name of Sh. Satish Kumar son of Jaisi Ram, had not been issued by Licensing Authority, Una.

12. In order to prove that at the relevant time, when the accident took place, Sh. Satish Kumar, was not possessed of a valid and effective driving licence, the onus was upon the opposite party. It is to be seen as to how far the opposite party has succeeded in discharging the onus which is heavily upon it. It is to be noted that that on the record, the original driving licence of Sh. Satish kumar has not been brought. Annexure C-1 is the photo copy of the duplicate licence no.S/33170, issued on 10.3.92in the name of Sh. Satish kumar. Annexure C4 is the certificate issued by the Registering and Licensing Authority, Kangra, verifying to the effect that licence No.S/33170 issued in favour of Sh. Satish Kumar son of Sh. Jaisi Ram is endorsed for HPMV w.e.f. 9.12.1997 against this office registered No.3585 dated 9.12.1997, as per record maintained in the office. It is true that as per this certificate, the aforesaid driving licence, in the name of Satish Kumar, is endorsed for HPMV but this certificate does not go to show that the original licence which had been allegedly issued in favour of Sh. Satish kumar in the year 1984 by RLA, Una was genuine. From the verification reports Sh. D.P. Sharma, Annexure OP-7, it is abundantly clear that driving licence bearing No.S/33710 had not been issued by RLA, Una. This fact, gets, support from the proof affidavit of Sh. D.P. Sharma, Ex.OPW1. Similarly, from the report of Rajan Sharma, Annexure OP-10, it is further highlighted that he too had visited the offices of the concerned RLAs/authorities and from the concerned RLAs/authorities including Registering and licensing Authority, Una it was known that the licence in question i.e. S/33170 had not been issued by that office. This evidence which has been led by the opposite party has not been rebutted by the complainant. We may also like to point out, that even the complainant did not file the proof affidavit of Sh. Satish kumar, the driver, at the relevant time, that he was in possession of a valid and effective driving licence. It is true that the learned counsel for the complainant has submitted that since the driving licence of Sh. Satish kumar had been renewed, it is to be considered to be genuine one. We are not inclined to agree with this contention of the learned counsel for the reason that if the original licence had been fake, by getting it renewed, it could not become genuine/valid.

13. The learned counsel for the complainant has also urged that since the different learned Motor Accident Claim Tribunals, have held the driving licence of Sh. Satish Kumar, to be genuine, it has to be treated as such in the present complaint. We may observe that the Motor Accident Claims Tribunals had decided the petitions either of the injured or the L.Rs of the deceased who had died in the accident in question and qua the same they were the third parties. So far as the instant case is concerned, it has to be decided on the face of the evidence which has been brought on record and also the legal position.

14. Thus, in view of the discussion made hereinabove, we hold that the opposite party has been able to prove that the driver, Sh. Satish Kumar was not holding a valid and effective driving licence at the time of accident. Hence, we are of the view that the opposite party has rightly repudiated the claim of the complainant, after due appreciation of material with them and that there is no deficiency in service on its part.

15. No other point argued or urged before us.

Relief

16. In view of our findings on points no.1 and 2 above, the complaint is dismissed leaving the parties to bear their own costs. The copy of this order be sent to the parties, free of costs and the file after due completion be consigned to the record-room.

MANTRA ALFA ABACUS ACADEMY complaints
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MANTRA ALFA ABACUS ACADEMY - Sonu Kumar was Raped girl
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MANTRA ALFA ABACUS ACADEMY - DIRECTOR SONU KUMAR WAS INVOLED IN GANGRAPE CASE.
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MANTRA ALFA ABACUS ACADEMY - MANTRA ALFA ABACUS OWNER SATISH KUMAR IS NOT CAPBLE TO DO ANY BUSINESS DUE TO HIS BAD ACTIVITY
MANTRA ALFA ABACUS ACADEMY - SATISH KUMAR MANEGING DIRECTOR OF ALFA ABACUS IS FRAUD AND CHEATER PERSON
MANTRA ALFA ABACUS ACADEMY - ALFA ABACUS IS DOING FRAUDE BUSINESS
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MANTRA ALFA ABACUS ACADEMY - SATISH KUMAR, SURAKSHA MOHAN DASS AND SONU KUMAR IS SELLING DUPLICATE BOOK TO ABACUS CENTRE.

Sonu KUMAR A BIG CHEATER AND FRAUD PERSON
Girl gangraped, 4 arrested

FOR DETAILS PLEASE CHECK LINK:=

http://www.indianexpress.com/news/girl-gangraped-4-arrested/399480/


Four youths were arrested for allegedly raping a girl and clicking her nude photographs on Sunday. The Kalyanpur police have seized their cellphones, where they have stored the pictures. The accused have reportedly confessed to committing the rape.

According to the complaint lodged by the victim — a BA final year student —, she had met Hemant, an accused, at a function hosted by a relative some time ago. The two soon became friends and she frequently visited Hemant’s house in the Awas Vikas area.

Hemant, who was unemployed, use to borrow money from her. On Sunday, he had called her to his home to return the money. There, he introduced her to his three friends — Sonu Kumar, Ankit Katiyar and Neeraj Shukla, she said in the complaint. All the four took turns to rape her and shot her photos, the victim alleged. After two days, she decided to lodge a complaint.

DUPLICATE BOOK OF MISTY ABACUS USE BY SURAKSHA MOHAN AND SATISH KUMAR
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Dear All,

Alfa Abacus is very fruade company.Earlier Suraksha Mohan Dass has taken Master franchisee from Misty abacus academy and after few months only that center was closed by the company due to Not paying royalty and issue bogus certificate to the student.

Satish Kumar who is earlier working for Misty Abacus and Sonu both are started company called MANTRA ALFA ABACUS ACADEMY and supplying duplicate certificate/book to student.

I only say to all parents/students please beware from this cheater company.They do not have any proper ABACUS training and just work with BOGUS MISTY BOOK/CERTIFICATE and MISTY NAME without any authorization.

They all are using design of MISTY ABACUS and give to all student for verification please check your self with student list of Gaziabad Student and for information to all that all the student having certificate of MISTY ABACUS NATIONAL COMPETITION was fake and not issued by the company.For verification just call MISTY ABACUS ACADEMY PVT LTD, CEO, PRAFULLA VERMA-9312874588 and confirm.

Student List and Phone no:-


Leval Name D.O.B. Centre Name Father Name Mobil

1st Aditya 11.03.01 Gaziabad A K Tyagi 2820888
1st Akshu Bansal 19.05 Gaziabad Neeral Bansal 9910141906
1st Akshat Kaushik 30.06.2000 Gaziabad Ashok Sharma 4128837
2nd Jayant Sharma 17.07.2000 Gaziabad Sudhir Sharma 9312626314
2nd Yashraj Gaziabad C B Singh 9811058122
2nd Soumya Mittal 28.08.2000 Gaziabad Pankaj Mittal 2790502
2nd Yash Jain 30.12 Gaziabad P K Jain 931019304
2nd Arpit Bansal 19.05 Gaziabad Neeraj Bansal 9818404481
2nd Shruti Aggarwal 6.07 Gaziabad Sanjeev Aggarwal 9211384816
2nd Devansh Mittal 17.09.2000 Gaziabad Subhash Mittal 9891289891
2nd Yash Aggarwal 27.08.01 Gaziabad Amit Aggarwal 9313552705
2nd Ankur Tyagi 21.12.1999 Gaziabad Arun Tyagi 9868265609
2nd Kopal Tyagi 21.12 Gaziabad Arun Tyagi 9837603358
2nd Madhav Sindhwani 3.11 Gaziabad Rajesh 2792106
2nd SavviSinghal 9.11 Gaziabad Rawan Kr Singhal 9899697300
2nd Shantanu 10.05.2000 Gaziabad D K Upparwal 9717840066
2nd Sunil Gaziabad Pradeep Gumpta 4137336
2nd Varun Malhotra 06.09. Gaziabad Sanjay Malhotra 2357482 2nd Agant 23.07 Gaziabad Vivek Mittal 9810197960 2nd Dev Raj 17.11 Gaziabad Ravi Aggarwal 9313552702 2nd Dhruv A 08.01.2001 Gaziabad Sanjeev Gupta 9717459694
2nd Dhruv Gupta 12.1 Gaziabad Sanjay Kumar 9968328446
2nd Kabir Goel 01.07.2001 Gaziabad Sanjeev Goel 9412224090
2nd Kanu Vats 04.07.2000 Gaziabad Sangam Vats 2705140
2nd Karan Singla 09.10.2001 Gaziabad Gaurav Singla 9999850887
2nd Noman Adhana 29.07 Gaziabad Subhash Chand 9891260977
2nd Priyanshu 16.04.2002 Gaziabad Mukesh Sharma 2736237
2nd Tushar Pal Singh 14.02.2002 Gaziabad C P Singh 99111458206
2nd Sarthak Jain 25.04 Gaziabad Sajesh Jain 9868262972
3rd Ananya Kalra Gaziabad Harish Kalra 241
4th Shlok Gupta 26.01.2000 Gaziabad Arun Gupta 9811266132
4th Raghar Sehgal 06.07.2000 Gaziabad Harish Sehgal 2781422


Thanks&Regards
Neeraj Dhamija
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