Orissa

Cuttak

CC/164/2019

M/s. Cee Vee Agrience Pvt. Ltd. - Complainant(s)

Versus

Chief Managing Director, The New India Assurence Co. Ltd - Opp.Party(s)

B M Mohapatra

17 Jun 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C No.164/2019

M/s. CEE VEE AGRIENCE PVT. LTD.

Office at ‘SANTUSTHI’, Madhusudan Nagar,

PO:Tulsipur,P.S:Bidanasi,Town/Dist:Cuttack

Represented through its Director,C.V.Ramu of

Madhusudan Nagar,PO:Tulsipur,P.S:Bidanasi,

Town/Dist:Cuttack,Odisha..                                                                      .… Complainant.

 

Vrs.

1.         The New India Assurance Co. Ltd.,

Regd. & H.O At:New India Assurance Building,

87 M.G.Road,Fort,Mumbai-400001 represented

Through its Chief Managing Director.

 

2.        Sr. Branch Manager,

The New India Assurance Co. Ltd.,

Branch Office at Cuttack,Branch-II,

Ist Floor,Surya Vihar,Link Road,

Near Nishamani Cinema,

Cuttack .

 

3.        M/s. Ashok Leyland, having its Head Quarter

At Guindy Chennai,Tamil Nadu, represented

Through its Chief Managing Director.

 

4.        Manager,M/s. Bharat Motors,

Mahanadi Vihar,Besides National Highway,

Cuttack.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    06.12.2019

Date of Order:  17.06.2020

 

For the complainant  :    Sri B.M.Mohapatra,Adv. & Associates.

For  O.Ps 1 & 2             :   Sri M.R.Mishra,Adv. & Associates.

For O.Ps 3 & 4              :             None.

 

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Hon’ble Forum against the O.Ps for Redressal of his grievances under the C.P.Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by O.Ps.

1.            The case of the complainant in short is that the complainant, a company registered under the provisions of Companies Act purchased a tipper through its Director to earn livelihood and the said vehicle was duly insured with the O.P No.2 (copy of insurance policy is attached as Aannexure-1).        As per policy decision of the Cuttack Municipal Corporation, the vehicle is usually stationed in a parking lot at night.  On 21.6.2015 night the said vehicle was parked as usual in the open space near Bighneswar Club and after proper locking the driver handed over the keys to the supervisor but the next morning the Supervisor found that the vehicle was stolen.

                An F.I.R was lodged in the local police station and the fact was intimated to the A.O.D of O.P No.2 and after completion of investigation, Final Form was submitted by the police and it was accepted by the learned S.D.J.M,Cuttack.  After acceptance of the final form, the complainant requested the O.P No.2 to reopen the case and complainant submitted the required documents with the O.P No.2.  Instead of settling the claim, the O.P No.2 asked the complainant to submit two numbers of cabin keys and one ignition key.  The complainant clarified that the ignition key submitted earlier was also the cabin key.  The O.P No.2 advised the complainant to submit an affidavit to that effect and also by its letter vide Annexure-12 sought for certain clarification.

                In response, the complainant by letter vide Annexure-13 series  clarified that the 2^nd key was damaged and has been misplaced and the company had provided only one key to be utilized for opening of the cabin door and for ignition.  But the O.P even after passage of two years did neither settle the claim nor repudiated the claim which amounts to deficiency in service and unfair trade practice and against the norms of the IRDAI Act and Rules and guidelines.

2.            The O.P. No. 1 & 2 entered appearance through their counsel and during pendency of the case, both the parties filed the memorandum of compromise with condition that the matter has been settled and the O.P No.1 & 2 have agreed to pay an amount of Rs.9,55,000/- (Rupees nine lakhs and fifty-five thousand) only to the complainant towards full and final settlement and the complainant has agreed to receive the said amount towards full satisfaction to finally resolve the dispute.

3.            We have perused the pleadings, and documents filed by the parties and gone through the joint memorandum of compromise filed by the counsels of the parties.   Considering the pleadings, documents and the memorandum of compromise, the memorandum of compromise is accepted and approved in light of terms of compromise.

                                                                                                ORDER

                Basing upon the facts and circumstances, the case is allowed and O.P No.1 & 2 are directed to pay an amount of Rs.9,55,000/-(Rupees nine lakh fifty-five thousand) only to the complainant within 30 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 17^th day of June,2020 under the seal and signature of this Forum.

                                                                               

                                                                                                                      ( Smt. Sarmistha Nath )

                                                      Member (W)                                                                                                                                                                                                                                                                                                                                                                                                    (Sri D.C.Barik)

                                                                                                                                            President.