Sri Ashoke Kumar Pal, President.
The complainants’ case in short is that he is the owner of a Maruti Omni bearing No. WB20/AG-3693 having valid documents. On 26.02.2019 at night the complainant went to attend marriage ceremony at Dolonghata, South 24 Parganas and on the same night at the time of returning to his house by the said car along with his son and some relatives faced a road traffic accident with a Tata Truck 709 bearing No. WB97/2374 which was coming from the opposite side from Kolkata towards Diamond Harbour at 11:50pm at Chandannagar more within PS Diamond Harbour and the said vehicle bearing No. WB97/2374 collided with the said Maruti Omni vehicle at a high speed rash and negligently. Son of the complainant Ratul Das who was sitting in the front side seat beside the driver was heavily injured and admitted at CMRI Hospital, Iqbalpur on 27.02.2019 at about 3:30am and he succumbed to his injuries at 4:50am. A police case under Diamond Harbour PS being case No. 47/2019 dated 27.02.2019 under section 279/338/427 has been started due to the said accident. The said Maruti Omni vehicle (WB20/AG-3693) was totally damaged which was insured with the O.P. No. 1. The complainant took the damaged vehicle to Bhandari Automobiles Pvt. Ltd. at Budge Budge Trunk Road, New Gopalpur, Sarkar Pull, Maheshtala, Kolkata – 700143 for repairing the said vehicle by insurance claim. The complainant informed the matter to the insurance company. The complainant claimed the repairing cost of the said damaged vehicle which was kept in the workshop of Bhandari Automobiles Pvt. Ltd. by letter dated 03.01.2020. Bhandari Automobiles Pvt. Ltd. informed the complainant that the insurance company rejected the said repairing claim of the complainant. It was alleged by the O.P. insurance company that at the time of the accident the son of the complainant namely Ratul Das was driving the Maruti Omni vehicle without any driving license. The I/O submitted charge-sheet in Diamond Harbour PS being case No. 47/2019 dated 27.02.2019 under section 279,427,338,304 of the I.P. Code and it has been mentioned in the said charge-sheet that the name of the driver was Swapan Kumar Halder of the said Maruti Omni vehicle. The complainant had valid insurance policy of the said vehicle for the period from 29.01.2019 to 28.01.2020. The O.P. Insurance Company with a view avoid the claim the complainant, disputed the name of the driver of the said Maruti Omni vehicle at the relevant point of time of the accident. Subsequently, the complainant took back his damaged vehicle and kept the same in his friend’s house. The complainant sent letters to the O.P. Insurance Company several times requesting them to pay the insurance claim but the O.P. Insurance Company did not pay any heed to his request. Ultimately finding no other alternative, the complainant on 12.02.2021 sent Advocate’s letter to the O.P. Insurance Company. Although the O.P. received the said letter dated 12.02.2021 but failed to comply with the requirements of the same and hence this case.
Although the O.Ps. appeared in this case but ultimately did not turn up to file W.V. and to contest the case and as such the instant complaint case proceeded ex-parte against the O.Ps. by order No. 6 dated 24.11.2021.
POINTS OF CONSIDERATION :
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get the relief as prayed for?
DECISIONS WITH REASONS :
Point No. 1:
On perusal of the case record along with documents it appears that the complainant met with a road traffic accident while returning back from a marriage ceremony at night on 26.02.2019 by his Maruti Omni vehicle with a Tata Truck 709 bearing No. WB97/2374 which was coming from the opposite side from Kolkata towards Diamond Harbour at about 11:50pm at Chandannagar More within PS Diamond Harbour. The Maruti Omni vehicle being No. WB20/AG-3693 was heavily damaged and the complainant took the vehicle to Bhandari Automobiles Pvt. Ltd.’s work shop and informed the matter to the O.P. Insurance Company claiming cost of repairing of the vehicle. The complainant filed a copy of policy paper in support of his claim from which it appears that the Maruti Omni vehicle being No. WB20/AG-3693 was insured with the O.P. Insurance Company and the same was valid from 29.01.2019 to 28.01.2020 and for which the complainant had to pay insurance premium of Rs. 5,599/-. Therefore, the complainant is a consumer as defined under section 2(7) of the Consumer Protection Act, 2019. As such point No. 1 is decided in favour of the complainant and against the O.Ps.
Point Nos. 2 and 3:
Both the points are taken up together for consideration for the sake of convenience and as they are interlinked.
The Maruti Omni vehicle of the complainant met with the accident on 26.02.2019 at about 11:50pm at Chandannagar More within PS Diamond Harbour and the offending vehicle being No. WB97/2374 collided with the Maruti Omni vehicle at a high speed rash and negligently. The police case under Diamond Harbour PS case being No. 47/2019 dated 27.02.2019 was started under section 279,427,338,304 of the I.P. Code and subsequently charge-sheet has also been filed mentioning that the driver of the Maruti Omni vehicle was Swapan Kumar Halder at the time of the accident. The complainant intimated the same to the O.P. Insurance Company by sending letters several times and claimed the cost of repairing of the vehicle which was turned down by the O.P. disputing that the son of the complainant Ratul Das was driving the Maruti Omni vehicle without driving license at the relevant point of time of the accident. The O.P. Insurance Company always tried to avoid the insurance claim of the complainant despite the complainant had a valid insurance policy for his Maruti Omni vehicle and he was harassed by the O.P. by various ways. The O.P. failed to render proper service to the complainant which he is entitled to get as a valid policy holder of the Maruti Omni vehicle. Therefore, it is clear from the averments of the complainant that the O.Ps. are guilty of deficiency in service and unfair trade practice. The complainant had a valid insurance policy and paid the premium amount of the said policy but did not get any service from the Insurance Company despite repeated requests by the complainant. As the complainant did not get any positive response from the O.Ps., he has been compelled to file the present case against the O.Ps. on the reliefs sought for in the petition of complaint. As such, there is no hesitation to hold that the complainant is entitled to get the reliefs as prayed for.
As such the second and the third point are also decided in favour of the complainant and against the O.Ps.
In the result, the complaint case succeeds.
Court fees paid is correct.
Hence, it is
ORDERED
That the complaint case be and the same is allowed ex-parte against the O.P. Nos. 1, 2 and 3 with cost of Rs. 25,000/- and dismissed ex-parte against the O.P. No. 4 (Proforma O.P.) without cost.
The O.P. Nos. 1, 2 and 3 are jointly and severally liable and directed to pay the insurance claim amount of Rs. 1,57,000/- towards repairing cost of the damaged vehicle being No. WB20/AG-3693 within 30 days from the date of passing Final Order.
The O.P. Nos. 1, 2 and 3 are jointly and severally liable and also directed to pay compensation to the tune of Rs. 1,00,000/-(Rupees one lakh only) for mental pain and agony suffered by the complainant within 30 days from the date of passing Final Order.
The O.P. Nos. 1, 2 and 3 are jointly and severally liable and also directed to pay the litigation cost of Rs. 25,000/-( Rupees twenty five thousand only) within 30 days from the date of passing Final Order.
The complainant is at liberty to put the order into execution after the expiry of 30 days in case the orders are not complied with by the O.Ps. within 30 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Shri Ashoke Kumar Pal
President
