West Bengal

Paschim Midnapore

CC/174/2012

Smt. Latika Das Mahapatra - Complainant(s)

Versus

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

08 Nov 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.174/2012                                                         Date of disposal: 08/11/2013                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr.Sujit Kumar Das.

                                                      MEMBER :  Devi Sengupta.

                                                      MEMBER :  xxxxxxxxxxxxx

    For the Complainant/Petitioner/Plaintiff : Mr. D. Ghosh. Advocate.

    For the Defendant/O.P.S.                           : Mr. M. K. Chowdhury Advocate.

          

Smt. Latika Das Mahapatra, W/o- Shri Utpalendu Das Mahapatra, Resident of Debalpur, P.O. Kharagpur, P.S. Kharagpur (Town), Dist-Paschim Medinipur… …………Complainant.

                                                              Vs.

Branch Manager, The New India Assurance Co. Ltd, Having its Branch office at Kharagpur, Inda, G.T. Road, P.O. Kharagpur, P.S. Kharagpur (Town), Dist- Paschim Medinipur.PIN-721301. ……….Op.

                    The case of the complainant Smt. Latika Das Mahapatra, in short, is that a Santro Car bearing Registration No. WB-340/9251 owned by her was seized on 05/3/2012 and was taken to Kharagpur P.S. in its damage condition, alleged by due to accident taken place on 12/2/2012.  The vehicle was insured with the op New India Assurance Company Ltd.  Prayer for insurance claim was done by the complainant. An amount of Rs.2,32,828/- (Two lakhs thirty two thousand eight hundred twenty eight) only was estimated by Keshav Hyundai as cost of repairing work of the vehicle lying kept in their workshop at the cost of parking charge of Rs.300/- (Three hundred) only per day and on that account they have already taken Rs.63,000/- (Sixty three thousand) only.  The complainant for the purpose of insurance claim has approached before the Op-Insurance Company but till date the complainant gets no relief.  Ultimately, the complaint prays for insurance claim, parking charge, compensation and litigation cost against the Op-Insurance Co. for their deficiency of service.

                     Op. New India Assurance Company contested the case by filing W/O challenging that the complainant has no valid ground for filing this application as for the assessment of loss was surveyed by physical inspection through the help of Mr.Madan Mohan Ghosh and finally the loss

Contd………………….P/2

 

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was assessed to the amount of Rs.79,230/- (Seventy nine thousand tow hundred thirty) only to which the complainant raised no objection. Even thereafter the complainant has filed the instant case. Stating the ground the Op claims that there was no deficiency in service from their side and as such the case should be dismissed.

Decision with reasons :

                       Upon careful consideration of the case of both parties supported by respective submission and document on admission as per firisti, it appears that there is no dispute on the point of insurance certificate having its validity till 29/3/2012 covering the vehicle in question and the fact of damage due to accident taken place on 12/2/2012. Only dispute relates to the estimated amount of  Rs.2,32,828/- (Two lakhs thirty two thousand eight hundred twenty eight) only  made by Keshav Hyundai the repairing agent and amount of Rs.79,230/-(Seventy nine thousand two hundred thirty) only estimated by loss assessor from the end of Op Insurance Company.  In this connection, it is very vital to consider the letter dated 15/06/2012 wherein the complaint has expressed her consent towards the settlement of cash loss as proposed by the Op Insurance Company.  On this aspect, there is nothing before us whether the complainant is not challenging or disagreeing the settlement with the amount of  Rs.79,230/-(Seventy nine thousand two hundred thirty) only. If that be so, as to why the agreed amount was not been paid in due time from the end of Op-Insurance Co. this delay his payment goes to hold that the Op-Insurance Co. should be liable for deficiency of service. 

                        Hence,

                                    It is ordered,

                                                          that the case be and the same is allowed on contest with cost of Rs.10,000/- (Ten thousand) only. The complainant Smt.Latika Das Mahapatra do get an order of compensation to the amount of Rs.50 000/- (Fifty thousand) only.

                         The complainant do further get the settlement amount of Rs.79,230/-(Seventy nine thousand two hundred thirty) only.

Dic. & Corrected by me

             

         President                                            Member                                                President

                                                                                                                              District Forum

                                                                                                                         Paschim Medinipur.