Order No. 38  Dt. 04.07.2017

            This is the case u/s 12 of the Consumer Protection Act, 1986. The complaint case in a nutshell is that the complainant Anindita Chakraborty purchased one vehicle styled as Bolero SLX at the prize of Rs. 549989/-. Beside that she had to pay VAT, Insurance, Road Tax Service Tax Registration Fees etc. and also spent a huge for interior decoration of the vehicle and she has deposited the insurance fees to the O.P. No.1 Company which has a branch at Malda.

          The said car was stolen from Jalpaiguri and FIR was lodged at Kotowali P.S. Jalpaiguri on 13.07.2009. The said vehicle could not be traced out and as such the petitioner raised claim before the Bazaz Allianz Insurance Company for compensation. The Insurance Company did not meet the claim of the petitioner and as such the petitioner moved before this Forum for compensation, cost of the vehicle, for harassment and mental pain and agony and its litigation cost.

          The O.P. Nos. 1, 2 and 3 has contested the case by filing written version and denied the material allegations leveled against them and contended that the instant vehicle was insured for “Private Car Package Policy” but the same was used for commercial purpose which was violative to the terms and condition of the policy.

          Both parties tendered evidences and produce the supportive documents. Subsequently, the O.P. No.1 Company wanted to settle the matter amicably and authorized their Ld. Advocate Dipu Laskar to make a compromise with the complainant at Rs. 400000/-.

          Accordingly, both parties were agreed with the settled amount and the complainant (PW-1) on oath accepted the compromised terms and agreed to settle the matter at Rs. 400000/- towards her claim.

          The Forum also accepts the settlement between the parties amicably.         

     Proper fee paid

          Hence,                                     ordered

that Malda D.F. C Case No. 26 /2014 be and the same is hereby settled in terms and condition of the compromise that the O.P. No.1, Bajaj Allianz General Insurance Co., Siliguri Branch will pay Rs. 400000/- within a month to the complainant failing which interest @ Rs.6% p.a. to be imposed on the settled amount from the date of this order.

Let a copy of this order be given to each of the parties free of cost.