JUDGEMENT

          Complainant by filing this complaint has prayed for release of the settlement of his insurance claim in respect of stolen of vehicle No.WB-30T-3208 in respect of which the insurance policy bearing No.OG-09-2401-1802-00005463 dated 30.05.2008 which was valid for the period from 30.05.2008 to 29.05.2009 and that it is further alleged that the bike(vehicle) was stolen by some unknown person from the garage of Anwar Purkait, son of Samsur Purkait at Brahmapur, Badamtala, P.S.-Regent Park now Bansdroni and complainant reported the matter to police station and fact remains that complainant handed over the aforesaid bike to garage owner Anwar Purkait for the purpose of some checking up condition and to return it on 04.01.2009 and when complainant went to the said garage to take back over the said bike after servicing and it was found that there is no existence of said garage.  Thereafter complainant tried to find out Anwar Purkait but ultimately on 12.01.2009 he came to know that the said bike had been stolen by Anwar and his men and agent.  Accordingly on 12.01.2009 he lodged an F.I.R. and that matter was reported to insurance company accordingly submitted claim on 16.03.2002 along with all documents.  Thereafter complainant settled the matter on that ground and asked the complainant to submit consent letter duly filled in for claim settlement and claim discharge voucher was also submitted by the complainant by swearing affidavit and it was fixed and that a sum of Rs.1,73,188/- shall be paid and accordingly that consent letter was sent but op did not issue any cheque in favour of the complainant.

          Fact remains complainant after that sent a letter asking him to release the same but ops did not pay any heed to that so the present complaint is filed by the complainant for relief and further submitted that assured sum is Rs.55,576/- and so present claim is not tenable.

          In the present case op Bajaj Alliance Insurance Co. Ltd. submitted written version stating that entire complaint is false because op has already settled the claim for Rs.47,188/- and thereby fully discharge their liability whatsoever vide Annexure-1A and 1B and prayed for dismissal.

                                            Decision with reasons

          On careful consideration of the entire argument of the Ld. Lawyer for the complainant and also the written version it is clear that op has tried to convince the matter has been settled and op is also settled the claim of Rs.47,188/- and thereby fully discharge entire liability whatsoever and in support of that op submitted letter of supervision and letter of indemnity bond and no doubt complainant has admitted that fact that he submitted all papers in support his claim but no amount has yet been released by the op and another factor is that op has not stated in his written version by adopting what method or process that amount has been deposited in the account of the complainant or any cheque was handed over to the complainant.  So considering that fact we are convinced to hold that as per admission of the op that the claim of the complainant in spite of present claim had already been settled and op has agreed to pay Rs.47,188/- out of assured sum of Rs.55,576/- and complainant has accepted it and filed indemnity bond including letter of cosent etc but truth is that  op has not issued any cheque since filing of the same by the complainant.  It is no doubt an unfair trade practice on the part of the op.  In the above circumstances, we are directing the op to issue a cheque of Rs.47,188/- in favour of the complainant along with compensation to the extent of Rs.7,000/- on the ground op though has filed written version but has not issued any cheque and op has failed to produce any such document in support of payment of said amount and has not also deposited in the account of the complainant. 

Accordingly the complaint succeeds in part.

Hence, it is

                                         ORDERED

That the complaint be and the same is allowed on contest with cost of Rs.3,000/- against the ops.

Ops are directed jointly and severally to pay a sum of Rs.47,188/- as settled amount of claim and also a compensation of Rs.2,000/- for harassing the complainant since 16.03.2009 within one month from the date of this order.

For adopting unfair trade practice by the op for collecting claim form and discharge voucher etc from the complainant but not issuing any cheque, a punitive damages of Rs.10,000/- is imposed upon the ops jointly to pay to the State Consumer Welfare Fund.

For any reason in the mean time settlement amount is already handed over to the complainant in that case no further interest shall be charged but if it is not paid within one month in that case for violation of the Forum’s order within stipulated time interest @ Rs.200/- per day shall be assessed till full satisfaction of the decree and even penal action will be taken against them and said amount shall be deposited to State Consumer Welfare Fund.