DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 75/ 2021

 

Sri Manish Debbarma,

S/O- Sri Sukumar Debbarma,

Rangmala, P.S. Bishramganj, 

District- Sepahijala Tripura.        ..............Complainant.

Pin-799103.

 

-VERSUS-

 

1. Branch Manager,

Bajaj Allianz General Insurance Company Ltd.,

Unit No.414, 3rd Floor, 

Aitorma Agartala Sentrum,

  Sukantala Road,

P.S. West Agartala, P.O. Agartala,

Agartala, West Tripura.

 

2. Mr. Mosharof Hussain,

Bajaj Allianz General Insurance Company Ltd.,

Sreeji Tower, 3rd Floor, Guhati Tea Housing Pvt. Ltd.,

Adjacent to Mahindra Showroom, Christian Basti,

Guwahati, Assam- 781005. ............Opposite Parties.

 

    __________PRESENT__________

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For the Complainant : Sri Pritam Deb,

  Sri Santanu Chakraborty

  Learned Advocates. 

 

For the O.P. No. : Sri Subhajit Chakraborty,

   Smt. Baisakhi Chakraborty,

   Learned Advocates.

 

 

ORDER  DELIVERED  ON:   21/02/2023.

 

F I N A L    O R D E R

Manish Debbarma has filed this complaint U/S 35 of the Consumer Protection Act, 2019 against Bajaj Allianz General Insurance Company Ltd. as O.P. No.1 and Md. Mosharof Hussain, the agent of O.P. No.1. The allegation in the complaint is that on 16.10.2018 he purchased a motor bike which was insured with the O.P. No.1. Unfortunately his motor bike was stolen on 25.12.2018 at College Tilla, Agartala, under the address of East Agartala P.S. for which he lodged G.D. Entry vide No. 46 dated 25.12.2018. The police could not trace out the stolen bike for which he lodged FIR on 03.01.2020 but it was not registered by the police. Hence, on 22.01.2020 the complainant lodged a complaint case in the Court of Learned CJM, West Agartala which was registered as East Agartala P.S. Case No. 2020 EAG 034 U/S 380 (D), IPC. On investigation police submitted Final Report vide East Agartala P.S. F/R (T) No. 119/ 2020 dated 25.07.2020. 

The complaint was heard on the final report of the police and it was accepted by the court. As such the complainant collected copies from the court and on 18.12.2020 approached the O.P. Insurance Company for compensation as per terms of the policy. The complainant was advised by the O.P. to register his complaint by one Android application namely ''Caringly Yours''. Accordingly the complainant registered his complaint. One surveyor contacted the complainant asking him to hand over all relevant documents. Accordingly, in the month of January, 2021 the complainant sent all the documents to the surveyor at Guwahati by DTDC and also by Email. In the month of March, 2021 the complainant was advised to visit the office of the O.P. Insurance company but due to pandemic situation the complainant could not contacted the O.P. office immediately. On 13.07.2021 the complainant received a letter dated 13.01.2021 that is after about 7 months wherein it was stated that the complainant had to submit duly filled up claim form and other documents again. The complainant visited the office of the O.P. but the O.P. provided one telephone Number of O.P. No.2, the Agent of O.P. No.1. Being contacted, the O.P. No.2 informed that the claim of the complainant was repudiated in the month of January, 2021 due to non submission of documents and delay of information regarding theft of his motor bike. Aggrieved the complainant has lodged his complaint claiming Rs.78,400/- value of the bike + Rs.50,000/- as compensation + Rs.20,000/- for harassment + Rs.20,000/- as litigation cost. In total Rs. 1,68,400/- with interest. 

2. The O.P. resisted the claim by submitting joint Written objection alleging inter alia that the O.P. No.1 received intimation of theft on 18.12.2020 wherein theft occurred on 25.12.2018 ie., after 724 days which is against the terms of the policy.

3. The complainant submitted examination in chief. The O.P. also submitted examination in chief supported by documents.

 

4. On the basis of pleadings and evidence the following points emerged for discussion and decision:-

(i) Whether the complainant caused unexplained delay in lodging information with the O.P. Insurance Company and whether for that reason the O.P. Insurance company was justified in rejecting the claim of the complainant?

(ii) Whether there has been deficiency in service for which the complainant is entitled to the insured sum along with compensation and if so, to what extent?

 

5. DECISION AND REASONS FOR DECISION:-

Both the points are taken up together. Learned Counsels of the parties were fair enough to argue their respective cases as per the pleadings and documents available on record. Therefore, some positions are admitted that the motor bike of the complainant was insured with the O.P. Insurance company and that the complainant submitted copy of Policy of Insurance, FIR, F/R(T) which are all lying with the record. 

6. All though both sides submitted examination in chief on affidavit but the Act only provides for adducing evidence on affidavit. The reason behind is that in case of examination in chief on affidavit in the line of Order 18 Rule 4 CPC, there shall have to be cross examination. But the Consumer Protection Act, 2019 generally does not provide cross examination as per the Evidence Act save and except where ever the Commission shall feel it necessary. Hence, the mandate of the Act is to submit evidence on affidavit but not examination in chief on affidavit. Be that as it may, interestingly the claim of the complainant was repudiated in the month of January, 2021 and letter dated 13.01.2021 of the O.P. Insurance Company reached the complainant after 7 months on 13.07.2021 asking the complainant to submit his complaint in duly filled up form within 7 days. Thus, it was not possible for the complainant to oblige the O.P. Insurance company to submit his claim within 7 days as the complainant received such letter after 7 months. The order dated 05.11.2020 passed by the Learned CJM, Agartala in case No. 2020 EAG 034 proves that the final report was accepted by the court of Learned CJM on 05.11.2020. Thereafter the complainant had to obtain copy of the final report and submit his claim with the O.P. Insurance company. Earlier the complainant had to sent all his documents to the surveyor of the O.P. Insurance company at Guwahati. It shows that all though the O.P. Insurance company does its business in Tripura, it does not have any surveyor in Tripura. This Commission is constrained to give observation that the O.P. Private Insurance Company is not at all sincere in rendering remedy to their clients in the state of Tripura and that is the reason they maintain a skeleton office at Agartala. The complainant was asked to leave no stone untouched as he had to register his claim in one android application namely ''Caringly Yours'', then sent his documents to Guwahati and again he was asked to fill up the form at Agartala only to be informed that his claim was repudiated in the month of January, 2021. The complainant contacted the O.P. No.2 in the month of March, 2021. 

7. As a corollary to the discussion above it is clear that the complainant had made no delay in approaching the O.P. Insurance Company seeking relief. On the top of it, it is known to every one that during the relevant period there was Covid Pandemic situation prevailing everywhere. Therefore, the approach of O.P. Insurance Company is very much casual and inappropriate which tantamounts to deficiency in service as well. 

Both the points are decided accordingly.

8. In the result, this Commission decide that the O.P. Insurance Company shall pay the sum of Rs.78,400/- to the complainant which is the value of the motor bike with 7.5%  simple interest  P.A. from the date of lodging his claim on 18.12.2020 till the date of actual payment. In addition to that the O.P. Insurance Company shall pay a sum of Rs.15,000/- as compensation to the complainant for their deficiency in service & cost of the proceeding. This amount shall bear interest @ 7.5 % P.A. from today till the date of actual payment, if not paid within 30 days from today.

  The case stands disposed off. 

Supply a copy of this Final Order free of cost to the complainant and the Opposite party.

 

Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.