The case is taken up for exparte order.

The complainant is a registered owner of a vehicle being No. WB-06-B-4263 and he issued his vehicle with the Ops No. 1& 2 vide policy No. valid till midnight of 23.7.2016 on 20.7.2010 to 21.7.2016.  Due to heavy rainfall the complainant’s car got water logged where the car was garaged in ward no.31 of S.M.C., Ashok Nagar. 

The complainant informed the matter to the authorized representative BAIC LTD and he advised the complainant to visit the nearest authorized service station of Maruti Suzuki India Ltd. The complainant took the car to the Op no 3 the technical expert of Op no.3 opined that it malfunction properly and defect may cure automatically after the operating system gets dry but after the vehicle dries up the problem of the vehicle is still  persisting and as per the advice of the service station in charge The complainant took the vehicle to Beekay Auto Pvt. Ltd. Matigara, Darjeeling i.e. the Op no 4 . T with Op was lodged vide claim no the OP no 2 sought an explanation for delay in claim which is replied by the complainant in time. The complainant received the vehicle from the Op no 4 after payment of Rs. 565111. Complainant receive two notice from raised signatory of BA GIC Ltd on 28.9.167 Notice dated 9.9.16 requesting the complainant to fulfill the requirements for further proceeding with the claim and notice dated 21.9.16 the authorized signature express inability to release the claim. The first notice dated 9.9.16 was sent on 24.9.16 hence the complainant could not give reply of it. The complainant sent legal notice to Op no 1 & 2.

The case proceeds exparte against the Ops no. 3 & 4. The OP no 1 & 2 appeared and filed w/v but they did not turn up. Hence the case proceeds exparte against the Op no.1 & 2.

 The complainant filed following documents in support of his contention.

1.

 The complainant files evidence.

 The complainant claims that due to heavy rain the car was water logged and the car was taken to Op no.3 Mum auto works Maruti Authorized service station and thereafter to the OP No 4 Beekay Auto Pvt. Ltd., Branch manager Matigara, Siliguri for appraising the actual defect of the car. The OP no 4 appraised the actual defect i.e. power steering water logged after that the complainant lodged his claim with the Op no.1 &2.Op no.2 short and explanation from the complainant  . Complainant replied the same and atlast Op no.2 repudiated the claim  of the complainant through a letter dated 21.9.16.

The Op submitted in ther W/V and the terms & conditions filed by the OP shows that the case of water lodging beyond the policy cover benefit in complainant the complainant  claimed that the main defect of the car was the power steering water lodged but as per 1-2(a) of private car package policy the insurance company shall not be liable to make any payment in respect of consequential loss- depreciation wear and tear mechanical or electrical failure for breakage .

When complainant obtained the private car package plicy knowing fully the terms & conditions policy then we are of the view that complainnt has failed to make out his case .

Hence, it is

O R D E R E D

That the consumer case no. 8/S/2017 same is dismissed exparte against the Ops.

 Copy of this order be supplied free of cost.