Orissa

Kendujhar

66/1999

Bhramarbar Mishra - Complainant(s)

Versus

1. Branch Manager, New India Assurance Co. Ltd. - Opp.Party(s)

01 Aug 2002

ORDER

IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KENDUJHAR

CONSUMER DISPUTES CASE NO.66/1999

Bhramarbar Mishra, aged 38 years,

S/o: Atul Chandra Mishra,

At: College Road, P.O: Keonjhargarh,

P.S: Town, Dist- Keonjhar                                      ………………………….Complainant

                       Versus

1. Branch Manager,

New India Assurance Co. Ltd.

Branch Office- I, Plot No-5149,

Lewis Road, Bhubaneswar

2. Branch Manager,

New India Assurance Co. Ltd.

Barbil Branch- 550702,

At/P.O: Barbil, Dist: Keonjhar                               …………………………Opp. Parties

Present- Sri B. Mishra, President

               Miss. P. Singh, Member

               Sri G.N. Jena, Member

For the complainant- None

For the Op. Parties- Sri B. Mohanta, M.D. Patra, & P.K. Upadhaya, Advs.

___________________________________________________________________________Date of Hearing: 27.11.2001                                                           Date of Order: 01.08.2002

Sri B. Mishra, President:

(1) The brief facts of the case are that the complainant is the owner of the Tanker bearing Regd. No. OR-09-5559 which was met with an accident on 21.9.95 near Bangiriposi in the District Mayurbhanj while coming from Balasore to Keonjhar carrying M.S and H.S.D. This matter was brought to the notice of the O.P No.2 immediately after the accident and Insurance was valid at the material time. After completion of the survey and assessment and other formalities the complainant was assured by the Ops to get an amount of Rs.25,000/- towards the settlement of claim against the loss and damages caused to the vehicle in the accident. But on 31.3.99 the O.P No.1 through a letter closed the claim as “No Claim” though the complainant has submitted all the required documents in this connection to the Opp. Parties. However, after this letter, the complainant protested the action of Opp. Parties through a letter on 12.4.99 but no response had been made by them. The complainant again on 14.10.99 sent reminder but to no effect. The non- payment of settled amounts of the claim caused mental agony and financial loss to the complainant. Hence the complaint for a direction to the Opp. Parties to pay to the complainant in total a sum of Rs.51,000/- towards the financial loss and mental agony including the settled claim amount. 

(2) In support, the complainant has filed documents which are marked as Ext.1 to Ext.5. Ext.1 is the Letter from Divisional Branch Manager to B. Mishra dt.26.9.95. Ext.2 is the Letter to Branch Manager New India Assurance Company Ltd. Barbil Branch from B. Mishra on dt.7.9.98. Ext.3 is the Registered Letter to Branch Manager New India Assurance Company Ltd. Lewis Road, Bhubaneswar from B. Mishra on dt.12.9.99. Ext.4 is the Registered Letter dt.14.10.99 to Branch Manager New India Assurance Company Ltd. Lewis Road, Bhubaneswar from B. Mishra on dtd.14.10.99. Ext.5 is the Regd. Letter from Branch Manager, New India Assurance Company Ltd. to B. Mishra on 31.3.99.

(3)After service of notice the Opp. Parties filed joint version and in their version the Opp. Parties stated that the case is not maintainable as it suffers from non-joinder of parties and does not come within purview of the Consumer Protection Act and also stated that the Opp. Parties have conducted to the appropriate authority i.e. Divisional Manager, M/s New India Assurance Company Ltd. Bhubaneswar as the matter is completed one and dealt at Bhubaneswar and other places of the authorities and further stated that the alleged loss of the claimant is due to the negligence of the Driver which is a violation of condition of policy and is under active consideration of the authorities and the case be accordingly disposed off after giving opportunity of hearing and supplying the copy of the claim petition. And in support, the Opp. Parties filed documents which are marked as Ext.A to Ext.E. Ext.A is the letter No. 7797 dtd.21.10.98 of Insurance Company to the complainant. Ext.B is the Verification Certificate of R.C.D.L & Permit. Ext.C is the No Claim of Branch Manager dtd.24.03.97, Ext.D is the Letter dtd.03.01.97 of Insurance Company to the complainant, Ext.E is the Letter of the Insurance Company dtd.6.8.96, Letter No.6152 dtd.31.3.99 filed by the Opp. Parties already marked as Ext.5 as filed by the complainant.  

(4) The learned counsel for the contesting Opp. Parties and the complainant who is personally present have admitted almost all the basic facts of the dispute.

(5)The complainant submits that he has supplied all the required papers to the Opp. Parties since long and there is no impediment in payment of the settled amount of the claim and the Opp. Parties have deliberately delayed the payment of the claim amount causing harassment and financial loss to him.

(6) On the other hand the Opp. Parties except waiting for the direction of the authorities

(7) No other point is pressed for consideration by the parties.

(8) On perusal of records, it reveals that the Opp. Parties have filed version since dtd.11/12/2000 and fact reminds that the settled amount is not yet paid to the complainant by the Opp. Parties, though nearby 2 years have elapsed in between.

(9) So we are of the view that, the Opp. Parties have deliberately delayed and are negligent in not paying the claim amount to the complainant and such act must have caused mental agony and financial loss to the complainant.

(10) There is no material available on record to assess the actual loss caused, however, in our opinion the award of interest of the amount will be reasonable under the circumstances.   

    Hence, it is ordered that, the Opp. Parties are directed to pay an amount of Rs.25,000/- with interest @ 12% per annum from the date of filing of the complainant i.e. dt.29.10.99 till final payment and a further sum of Rs.200/- as expenses for litigation within 30 days of receipt of the order.

   Orders pronounced in the open court today i.e. on 1^st day of August, 2002 under my hand and seal of this forum.

   Copy of the order be made available to the parties as per rule.

           I agree                                                    I agree

      Sri G.N. Jena                                           Miss P. Singh                           Sri B. Mishra   

         Member                                                   Member                                 President

 

                                                                                      Dictated and Corrected by me.

                                                                                                     Sri B. Mishra   

                                                                                                        President

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, ODISHA, CUTTACK

C.D. APPEAL No. 765 OF 2002

In the matter of:

                            An Application U/s.15 of the Consumer Protection Act.1986

                            And

 In the matter of:

1.         The Branch Manager,

                            New India Assurance Co. Ltd.

                            Branch Office- I, At: Plot No-5149,

                            Lewis Road, P.O/P.S: Bhubaneswar,

                            Dist: Khurda

2.         The Branch Manager,

                            New India Assurance Co. Ltd.

                            Barbil Branch- 550702,

                            At/P.O/P.S: Barbil, Dist: Keonjhar          ……………………Appellants

                                -Versus-

                            Bhramarbar Mishra, aged 38 years,

                            S/o: Atul Chandra Mishra,

                            At: College Road, P.O: Keonjhargarh,

                            P.S: Town, Dist: Keonjhar                        ……...…………..Respondent

C.D. APPEAL No. 765 OF 2002

Misc. Case No. 689 OF 2002

Order No. 15 Date of Order: - 28.08.2014

          None appears on behalf of Petitioners/ Appellants on call. Learned Counsel for Op/ Respondent is present. On previous two occasions also none appeared on his behalf. So, the misc. case for condonation of delay is dismissed. Accordingly, First Appeal No. 765 of 2002 also stands dismissed.

                                                                                                                                                                                                        Sd/- Justice R.N. Biswal, President

                                                                                                                                                                                           Sd/- S. Mohanty, Member

                                                                                                                                                                                             Sd/- G.P. Sahu, Member