This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant purchased one Verna Car, Hyundai being registration no.WB 02A A4820 and complainant is the proprietor of the S.N. International of 14, Amra Tala Street, Kolkata – 7 and running the said business to earn his livelihood and complainant obtained a private car package Policy being no.OG -14 -2401 -1801 -00013608 from the OP and during the validity period the said car met with a road accident in July, 2013 and after that accident the complainant was called the service authority for lifting and shifting service to carry it from New Town to Bengal Hyundai. Bengal Motor Service Pvt. Ltd. gave an estimate for repairing of the said vehicle amounting to Rs.1,25,312/- and same was paid by the complainant. Thereafter, complainant lodged claim to the OP and the said claim was duly processed by the OP vide claim no.OC-14-21401-1801-00006752 and finally assessed Rs.20,439/- as a part amount of the total claim but complainant raised objection against such assessment and asked the OP to take opinion of the manufacturer Hyundai and also the service centre and the assessment as made by the Hyundai Service Centre, the claim is genuine one. So, OP is bound to make payment and there is no reason to disallow the said claim and to allow the part and considering such sort of conduct and violation of the terms and condition of the policy complainant sent legal notice on 29-10-2013 but OP in respect of receiving the said the claim as per terms and condition of the policy and for which complainant has prayed for redressal to direct the OP for payment of Rs.1,35,212/- and further compensation.
Fact remains notice was served upon he OP properly and internet postal result supports the fact but OP did not turn up. Thereafter, the case was fixed for evidence. Complainant filed e-chief and the copy of the e-chief was also served but OP did not turn up for which the case is heard ex parte.
Accordingly, we are disposing the matter in ex parte on the basis of the materials on record as produced by the complainant.
Decision with Reasons
Fact remains the said vehicle was placed to Bengal Motor Services Pvt. Ltd. of Hyundai Service after accident and Bengal Motor Services Pvt. Ltd. after repairing the same submitted a bill of Rs.1,35,312/- and it is a fact that complainant submitted a claim, survey was done and claim was registered being No.OC 14 2401 1801 00006572. No doubt, complainant submitted the bill of Rs.1,35,312/- and it is also fact that the car was lifted from Newtown to Service Centre by lifting Crane and ultimately the OP Bajaj Allianz General Insurance Co. Ltd. assessed the actual loss caused by accidental external means to the vehicle as per estimate produced by Bengal Hyundai they expressed their aggrieve for engine damage relating to aggravation of loss and fact remains complainant has tried to convince that his insurance company covers the entire loss and as per insurance policy he is entitled to get entire amount which has been spent for the said vehicle. But considering the extended warranty scheme the vehicle is covered by extended warranty scheme up to 26-06-2016. But complainant in the present case has prayed for compensation for accidental damage of the car from Bajaj Allianz General Insurance Company Ltd. and considering that insurance policy that is certificate cum policy schedule it is clear that total declared insured value is Rs.7,21,840/- but the insurance company assessed a loss of Rs.20,439/- whereas Hyundai Co. estimated, is Rs.87,833/- but from the reply of the OP sent to the complainant it is clear that OP tried to convince that due to negligence of the driver accident took place. So, OP is not willing to pay any other amount on the ground that was due to aggravation of loss but fact remains accident took place and insurance policy is package policy. So, there is no ground on the part of the OP to reject huge amount out of the claimed amount. But truth is that Bajaj Allianz and other private insurance company has been adopting such policies by raising such plea that they shall have to give coverage in respect of the accidental injury but it is completely for the policy’s terms and conditions.
Truth is that in the present case OP received summons also got copy of the e-chief etc. but did not contest the case knowing fully well that they have no defence. In view of the above circumstances and also considering the material and further considering the terms and conditions of the package policy we find that at least the complainant is entitled to Rs.1 lakh in total but not Rs.1,35,000/- because the age of the car is more than 2 years and in the above premises we are allowing the complaint considering the entire facts that already complainant has received some amount out of entire claim and that amount shall be deducted from the awarded amount of Rs.1 lakh and accordingly this complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OP with a cost of Rs.5,000/-.
OP is hereby directed to pay a sum of Rs.1 lakh after deduction of already paid amount in respect of the claim of the Policy No.OC 14 2401 1801 00006572 claim I.D. No.5337780 and customer name is S.N. International and vehicle registration no. is WB 02A A4820 and OP shall have to pay the same within 15 days from the date of this order failing which for non-compliance and disobeyance of the Forum’s order OP shall have to pay penal interest at the rateRs.200/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even after if it is found that OP is unwilling or found reluctant to comply and disposing the Forum’s order in that case penal action u/s.27 of the C.P. Act shall be started against them for which OP shall be further penalized penalty.
