IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.
CONSUMER CASE NO. : 34/S/2015. DATED : 08.12.2016.
BEFORE PRESIDENT : SRI BISWANATH DE,
President, D.C.D.R.F., Siliguri.
MEMBER : SMT. PRATITI BHATTACHARYYA.
COMPLAINANT : SRI PRABHANSH SINGH,
90, Nivedita Road by Lane,
Pradhan Nagar, Siliguri.
Ph. 94343 08229.
O.Ps. 1. : BAJAJ ALLIANZ GENERAL INSURANCE CO.
LTD.,
GE Plaza, Airport Road,
Yerwada, PUNE – 411 006.
2. : THE BRANCH MANAGER,
Bajaj Allianz General Insurance Co. Ltd.,
Saharan House, 2nd Floor, above ICICI Bank,
2nd Mile, Sevoke Road, Siliguri,
Pin- 734 001.
3. : BEEKAY AUTO PVT. LTD.,
National Highway-31, Matigara, Siliguri,
Dist.- Darjeeling, Pin-734 010.
Proforma O.Ps. 4. : INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY OF INDIA,
3rd Floor, Parisrama Bhavan,
Basheer Bagh, Hyderabad – 500 004,
State-Telangana (INDIA).
5. : MARUTI SUZUKI INDIA LTD.,
L & T Chamber, 4th Floor, 16th Camac Street,
Kolkata – 700 017.
FOR THE COMPLAINANT : Sri Marjit Sarkar, Advocate.
FOR THE OP Nos.1 & 2 : Sri Kanak Lal Kundu, advocate.
J U D G E M E N T
Sri Biswanath De, Ld. President.
The complainant’s case in brief is that complainant purchased Car Insurance Policy from Bajaj Allianz Company Ltd., the complainant purchased second hand car bearing No.WB-74Q/5732 from Sri Balaji Trading Company. Nos.1 & 2 transferred the vehicle in the name of the complainant and the also insurance policy by paying respective amount for transfer. The vehicle met with
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an accident and the same was repaired by Beekay Auto Pvt. Ltd., Matigara. The claim was assessed by OP No.1 Surveyor on 16.08.2014 and the surveyor submitted report on 28.08.2014. But the complainant was informed that OP was unable to process the complainant’s claim as per drive assure economy i.e., certain amount will be deducted towards depreciation. Accordingly, complainant was informed that OP Nos.1 & 2 were unable to pay full amount because as drive assure economic policy. Complainant was compelled to pay Rs.15,300/- to the OP No.3. The OP Nos.1 & 2 did not give full amount of claim. Hence, this case.
The OP Nos.1 & 2 appeared and contested the case by filing written version denying inter-alia all the material allegations as raised by the complainant. The OPs stated that after receiving the complaint, the OPs appointed a surveyor and surveyor submitted report on 26.08.2014 vide para – 8. The surveyor assessed the loss for Rs.32,820/-. It is also case of the OPs that as per policy terms and conditions the Insurance Company was liable to pay Rs.32,820/- which was duly paid to the said repairer as full and final settlement of the claim. It is also stated that any other cost towards repair shall be paid by the complainant to OP No.3. Accordingly, the second owner i.e., complainant shall bear the depreciation amount as per policy terms and condition. Accordingly, the complainant is not entitled to get the relief as prayed for.
It is pertinent to note that in the complaint, the complainant did not mention any claim amount in the prayer portion.
To prove the case, the complainant has filed the following documents:-
1. Bajaj Allianz Company Ltd. bearing Policy No.OG-14-2404-1801-00009596 is annexed as Annexure-A.
2. Registration Certificate is annexed as Annexure-B.
3. Original purchase tax invoice dated 29.03.2005 is annexed as Annexure-C.
4. Insurance Policy transfer money receipt dated 24.07.2014 is annexed as Annexure-D.
5. Claim report issued by Bajaj Allianz General Insurance dated 27.09.2014 is annexed as Annexure-E.
6. Terms & Conditions issued by Bajaj Allianz General Insurance is annexed as Annexure-F.
7. Claim discharge cum satisfaction voucher is annexed as Annexure C.
8. Money receipt of Beekay Auto Pvt. Ltd. dated 25.09.2014 is annexed as Annexure-H.
9. Letters written to Bajaj Allianz General Insurance by the complainant at different dates is annexed as Annexure-I.
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OP No.1 & 2 filed the following documents :-
A) Certificate cum policy schedule bearing Policy No.OG-14-2404-1801-00009596 in the name of Sri Balajee Trading Co. in respect of Maruti Car bearing No.WB-74-Q/5732 valid from 01.02.2014 to 31.01.2015.
B) Letter dated 24.07.2014 issued by the complainant to the OP No.2.
C) Endorsement Receipt of Rs.1,019/- issued by the OP No.2 to the complainant.
D) Certificate cum policy schedule bearing Policy No.OG-14-2404-1801-00009596 in the name of Hemlata Bhadani in respect of Maruti Car bearing No.WB-74-Q/5732 valid from 01.02.2014 to 31.01.2015 along with the Policy terms and conditions etc.
E) Letter dated 02.09.2014 issued by the OP No.2 to the complainant.
F) Letter dated 27.09.2014 issued by the OP No.2 with reference to the letter dated 28.08.2014 of the complainant.
G) Final survey report dated 30.08.2014.
H) Claim cost confirmation for Repair duly accepted by the OP No.3.
I) Satisfaction certificate issued by the complainant dated 25.09.2014.
Complainant has filed evidence-in-chief.
OPs have filed evidence-in-chief.
Complainant has not filed Written Notes of Argument.
OPs have filed written notes of argument.
OP Nos.1 & 2 have filed the following citations:-
i) VOL-III (2009) CPJ 90 SUPREME COURT OF INDIA.
ii) VOL-III (2015) CPJ 75 NATIONAL COMMISSION.
iii) VOL-I (2013) CPJ 440 NATIONAL COMMISSION.
iv) VOL-II (2011) CPJ 255 NATIONAL COMMISSION.
v) VOL-III (2008) CPJ 158 NATIONAL COMMISSION.
vi) VOL-III (2006) CPJ 84 NATIONAL COMMISSION.
vii) VOL-II (2004) CPJ 1 NATIONAL COMMISSION.
viii) VOL-IV (2010) CPJ 38 SUPREME COURT OF INDIA.
ix) VOL-I (2009) CPJ 6 SUPREME COURT OF INDIA.
x) VOL-IV (2004) CPJ 15 SUPREME COURT OF INDIA.
xi) VOL-I (2012) CPJ 488 NATIONAL COMMISSION.
Points for determination
1. Is there any deficiency in service on the part of the OPs ?
2. Is the complainant entitled to get any relief as prayed for ?
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Decision with reason
Both issues are taken up together for the brevity and convenience of discussion.
It appears from the Final Surveyor Report that neat assessed amount is Rs.32,820/- and from Exhibit – H, it appears that the complainant is liable to pay Rs.32,820/- as full and final settlement of the claim towards repair the vehicle in question. Any other cost towards repair is to be borne by the insured. These Annexure-E, H & I show that OPs have discharged their duties towards the complainant with due care and attention without delay and amount stated by the surveyor has been paid to the complainant as per written notes of argument para - 03. In the written notes of argument filed by the OP Nos.1 & 2, elaborately discussed along with principles of law that complainant is not entitled to get further Rs.15,000/- as OP Nos.1 & 2 have paid Rs.32,820/-.
So, after deliberation over the materials on record, this Forum is of opinion that the complainant is not entitled to get any relief from the OPs.
In the result, the case fails,
Hence, it is
O R D E R E D
that the Consumer Case No.34/S/2015 is dismissed on contest against the OPs, but without cost.
Copies of this judgment be supplied to the parties free of cost.
-Member- -Member- -President-
