West Bengal

Paschim Midnapore

CC/70/2015

Sri Sudarshan Das - Complainant(s)

Versus

Branch Manager, The New India Assurance Co. Ltd. - Opp.Party(s)

04 Dec 2015

ORDER

                                                            DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and  

Kapot Chattopadhyay, Member.

   

Complaint Case No.70/2015

                                                       

Sri Sudarshan Das……….………Complainant

Versus

Branch 1 Manager, The New India Assurance Co. Ltd.………..Opp. Party.

 

 

 For the Complainant : Mr. Nirmal Kumar Dey, Advocate.

 For the O.P.                : Mr. Mrinal Kanti Chowdhury, Advocate.

 

Decided on: - 04/12 /2015

                               

ORDER

                    Bibekananda Pramanik, President - Case of the complainant, in brief, is that the complainant purchased a new Maruti Omni Car bearing registration no. WB-34V-9964 and he insured his said car with the opposite party being policy no.51260231120100002663 for the period from 03/11/2012 to 02/11/2013.  On 01/07/2013, the complainant parked his said car beside the garage of Rajnanadini Bastralaya and on the next day, he found that his said car was not there.  He lodged a written complaint regarding missing of his said car before Debra P.S on basis  of which Debra case no.152/2013 dated 02/07/2013 was started against unknown person.  During investigation police failed to recover his said car and accordingly they submitted final report on 31/01/2014.  After issuing notice and after hearing the complainant, the Ld. Court accepted the final report and thereafter the complainant applied for certified copy of the same. Information of theft of car was

Complainant……………….P/2

 

( 2 )

duly informed to the Op-Insurance Company but the opposite party refused to take documents i.e. R.C.  Book, Tax Token & Policy Paper without police final report and they asked the complainant by letter for submitting aforesaid documents.  After receiving the said letter, the complainant went to the office of the opposite party again and again but they refused to accept his documents without final report of the P.S. case.  The complainant vide his letter dated 19/07/2014 & 30/12/2014, addressed to the opposite party thereby praying for time for submitting the copy of police final report.  On 10/12/2014, the complainant applied for certified copy of final report and it was supplied to him on 13/01/2015.  After receiving the same, the complainant went to the office of the opposite party on 28/01/2015 for submitting the copy of police final report but the opposite party refused to accept the same and vide their letter dated 03/02/2015, the opposite party informed the complainant that his claim has already been treated as “No Claim”.  The complainant thereafter sent a letter to the opposite party through his Advocate Mr. Nirmal Kumar Dey on 03/03/2015 and the opposite party once again informed him that his claim has already been treated as “No Claim”.  It is stated by the complainant that he has no latches in obtaining the police final report and in spite of that, the opposite party deprived him in getting the benefit of his insurance policy intentionally and willfully.  Hence the complainant, praying for directing the opposite party to pay Rs.1,65,001/- and Rs.50,000/-as compensation and litigation cost of Rs.5,000/- to the complainant.     

                       Op-Insurance Company has contested this case by filing a written objection.  Denying and disputing the case of the complainant, it is the specific case of the Op-Insurance Company that by sending several letters, they asked the complainant to submit police final report and all documents for verification in order to settle his claim but the complainant did not submit those documents which were required for processing the claim.  The opposite party therefore sent a letter dated 01/01/2015 to the complainant  asking him to submit those documents within 10 days from the date of issuance of the said letter dated 01/01/2015 otherwise the opposite party would close the claim treating the same as “No Claim”. Even after issuance of the said letter, the complainant did not fulfill the above requirements by furnishing those documents and as such the opposite party was compelled to close the claim treating the same as “No Claim”.  It is stated that there is no deficiency in service from the side of the opposite party and therefore the petition of complaint is liable to be rejected.

Complainant……………….P/3

 

( 3 )

 

Point for decision

                     

Is the complainant entitled to the reliefs, as prayed for ?

 

Decision with reasons

                       In this case, neither the complainant nor the opposite party adduced any sort of evidence either oral or documentary but they have filed certain documents in support of their case.

                     It is not denied and disputed that the vehicle of the complainant was duly insured with the Op-Insurance Company at the relevant point of time.  It is also not denied and disputed that after missing of the said vehicle, the complainant lodged a written complaint before the Debra P.S and his said complaint was registered as Debra P.S. case no.152/2013 dated 02/07/2013.  Undisputedly, the complainant also gave information to the opposite party regarding the said incident of theft of his car.  According to the opposite party, they asked the complainant by several letters for submitting vehicle documents and police final report  but the complainant did not submit those documents which were required for settling his claim.  It is the further case of the opposite party that on 01/01/2015, they sent a letter to the complainant asking him to submit those documents within 10 days from the date of issuance of that letter and intimated that otherwise the opposite party would close the claim file treating  the same as “No Claim”.  As against this, the case of the complainant is that he obtained certified copy of  police final report  on 13/01/2015 for which he had no scope to file all such necessary papers including the copy of policy final report by the date fixed as directed  by the opposite party vide their letter dated 01/01/2015.  It appears from the certified copy of the police final report that the said final report was accepted by the Ld. Court on 4/12/2014 and the complainant applied for the copy of the said order and police final report on 10/12/2014. It appears from the certified copy of the police final report that the same was delivered to the complainant on 13/01/2015.  So the complainant had no scope to submit the said copy of police final report and the acceptance order of the same before 13/01/2015. It thus appears the complainant had no latches at all in submitting those documents as asked by the opposite party vide there letter dated 01/01/2015 before 13/01/2015 It further appears that the opposite party was very much hasty in closing the claim filed of the complainant

Complainant……………….P/4

 

 

( 4 )

treating the same as “No Claim”, which amounts to deficiency in service on the part of the opposite party.  It is, therefore, held that the complainants case is proved and he is entitled to the reliefs regarding settlement of his claim and for compensation and cost.  

                                         Hence, it is,

ORDERED,

 

                                                               that the complaint case no.70/2015 is allowed on contest.  Opposite party is directed to settle the claim of the complainant within two months from the date of this order after issuing notice to the complainant for submission of all necessary documents for settlement of his claim.  Opposite party is directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to the complainant  within two months from this date of order.

             Dictated & Corrected by me

                              Sd/-                                            Sd/-                                     Sd/-

                        President                                      Member                              President

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur