F I N A L   O R D E R

This is a case Under Section 12 of the Consumer Protection Act, 1986 for an order directing the O.Ps. to pay the balance amount of Rs. 2,00,000/- only along with interest @ 9% p.a .from the date of incident, Rs.45,000/- as compensation, Rs.5,000/- as litigation cost and other reliefs to the complainants.

The complainants’ case in short is that the complainant is an owner of a vehicle bearing No. WB 60H/7222 which was insured being Policy No. 3362/00796374/000/00, valid from 15-12-2012 to 14-12-2013 and the sum assured for Rs.6,09,900/-under the O.P./insurer. Suddenly, on 24.09.2013 the said vehicle was stolen by some unknown miscreants from the place, Merual under P.S. Raiganj. Just after incident of theft, at first the complainant lodged a complaint before the local PS then he also inform the matter to the O.P./ Insurer and submitted Claim Form with all necessary documents for settlement of his claim before the O.P./ Insurer. But the O.P. company paid Rs.3,85,000/- only out of total claim amount of Rs.6,09,900/- of the complainant. After that the complainant contract with the O.P. concerned on several occasions and personally met with the O.P. for getting the said balance amount of Rs.2,24,900/-. But the O.P./Insurer neither pay any amount nor take any action till today for payment of the said balance amount of the complainant. So, finding no other alternative, to get reliefs from the O.P./Insurer, the complainant has filed this case before this Forum.

On the other hand, in spite of service of notice upon the O.P. Nos. 1, 2, & 3, they did not appear in this case. Accordingly the case was heard ex-parte against them.

To establish the complaint case, the complainant filed his statement on affidavit sworn by him as P.W.1 along with some documents.

DECISIONS WITH REASONS

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing, argument advanced by the Ld. Lawyer for the complainant, the Ld. Forum has come to the findings as follows: -

It is needless to say the O.Ps. against whom the relief, complainant claimed, have not appeared before this Forum though the notices of this case had duly been served upon the O.Ps. It is expected from the O.Ps.as a responsible Insurance organization they would appear before this Forum after taking the notice and they would pay heed their clients’ grievance and would submit, if any, their own versions regarding the claim of the complainant.

However, we do find that the complainant has submitted a bunch of photocopies of the documents in support of his case. The photocopy of the documents include:- (i) Policy Certificate, (ii) Registration Certificate, (iii) Tax Token, (iv) FIR & Final Report, (v) Statement of Account of the Bank, (vi) Letter issued without mentioning any date by the Cholamandalam MS General Insurance Co. Ltd. to the complainant, (vii) Letter dated 20.05.2014 issued by the O.P. company to the complainant.  

The evidence adduced by the complainant is supporting the case. We find nothing to disbelieve the evidence adduced, as the same have not been challenged. It is essential to mention that the documentary evidence and the oral evidence as mentioned are corroborated by each other. Even, none appeared in this case in-spite of taking notice, to challenge the case from the side of the O.Ps. So, in our opinion the complainant has been able to make out a prima-facie case to get an order in his favour as per his prayer. Accordingly the case succeeds.

Fees paid are correct.

Hence, it is

ORDERED,

that the complaint being No.CC-103/2014 is allowed ex-parte against the O.Ps. without cost,

The O.P. No.1 & 2 are directed to pay Rs.2,24,900/- as the balance amount of claim of the complainant for missing his vehicle- in- question , Rs.2,000/- as compensation, Rs.1,000/- as litigation, which is total of Rs.2,27,900/- (Rupees Two Lakhs Twenty Seven Thousand Nine Hundred) only be paid within one month from this day failing which the awarded amount will carry interest @ 8% p.a. till full satisfaction and the complainant will be at liberty to realize the awarded amount and interest as mentioned in accordance with law.

Let copies of this order be supplied to the parties free of cost.