In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 460 / 2009.
1) Green Field Road Transport,
3, Mayurbhanj Road, Kolkata-700023. ---------- Complainant
---Versus---
1) Bharati AXA General Insurance Co. Ltd.,
Big Jo’s Tower, A-8, 2nd Floor, Netaji Subhas Place, New Delhi.
2) Area Manager Claims, Bharati AXA General Insurance Co. Ltd.,
Dimple Court, Ground Floor,
26, Shakespeare Sarani, Kolkata-700017.
3) Regional Manager, Bharati AXA General Insurance Co. Ltd.,
Dimple Court, 26, Shakespeare Sarani, Kolkata-700017. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 28 Dated 08/11/2012.
The petition of complaint has been filed by the complainant Green Field Road Transport against the o.ps. Bharati AXA General Insurance Co. Ltd. and others. The case of the complainant in short is that complainant is one of the partners of Green Field Road Transport which is the owner of the vehicle no.NL-OLD-4711 having the chassis no.447207 KTZ 300465, registered in the office of Motor Vehicle Deptt. Kohima and having all relevant papers and national permit upto date of the said vehicle and the certificate of fitness of the said vehicle is valid till 18.12.09 issued by the Inspector, Kohima, Nagaland. As per certificate of registration gross weight of the motor vehicle was 40200 kg and unloaded weight of the motor vehicle was 12200 kg as per national permit. In order to ply the vehicle and as per provision of the Central Motor Vehicle Rules complainant obtained Smart Motor Commercial Certificate and Insurance from o.ps. declaring the vehicle as commercial vehicle being policy no.FCV/I0005604/61/12/K26111 in respect of th vehicle and total premium of Rs.18,829/- was paid by complainant for the period from 19.12.08 to midnight of 18.12.09. The said vehicle was engaged by o.p. no.4 on 20.7.09 for transporting, dismantle main body of crane from Haldia Dock to Shibsagar on account of Shiv Vani Oil and Gas Exploration Services Ltd. showing the weight of dismantled as 25800 kg which was loaded on 27.7.09 as per consignment note and higher slip issued by o.p. no.4. O.p. no.4 has declared the weight of dismantled main body of the crane as 25800 kg and accordingly the part of the dismantled main body of crane was placed for despatching. It is also mentioned by complainant that o.p. no.4 has entrusted the consignment to the driver of the aforesaid vehicle for its safe delivery at Shibsagar and as per declaration of o.p. no.4 the weight of dismantled body of the main crane was 25800 kg and the hire charges was fixed accordingly as per weight of the consignment. While the aforesaid vehicle proceeded towards its destination on 11.8.09 in the night hours met with an accident on NH 37 at Ghanashyam Basti causing damage to the consignment as well as the vehicle. Complainant informed o.p. no.1 regarding the accident and the damage of the vehicle and accordingly complainant was asked by o.p. no.2 to place the vehicle at Bhandari Motors Pvt. Ltd. where the inventory was made on 24.8.09. That Bhandari Motors Pvt. Ltd. has submitted through fax the estimate of repairing charges on 26.8.09 and one surveyor was appointed by o.p. no.1 undertook the survey of damaged vehicle on 25.8.09 at about 11-00 a.m. and found the vehicle damaged and asked the complainant for road challan and weighing bill vide his letter dt.2.9.09. Thereafter on 27.8.09 complainant submitted the motor insurance claim to o.p. no.1 and also submitted the higher slip and consignment note as per direction of surveyor. After all o.ps. repudiated the claim of the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons: -
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the repudiation is not justified since no weight was actually taken and this is arbitrary and cannot be construed as positive approach in the matter and as such, we hold that the repudiation is illegal and unjustified and this act on the part of o.ps. amounts to deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.p. nos.1,2 and 3 are jointly and/or severally directed to pay Rs.5,30,000/- (Rupees five lakhs thirty thousand) only as per cost of the repairing of the said vehicle along with other expenses as per the bills and are further directed to pay compensation of Rs.75,000/- (Rupees seventy five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
