Tripura

West Tripura

CC/58/2015

Sri Anjan Deb. - Complainant(s)

Versus

CHOLAMANDALAM MS GENERAL Insurance company Ltd. & 1 another. - Opp.Party(s)

Mr.S.Chakraborty, Mr.A.K.Paul.

22 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

    CASE NO:  CC-  58 of 2015

Sri Anjan Deb,
S/O- Lt. Narayan Deb,
S.D. Mission, A.D. Nagar,
West Tripura.            ........Complainant.
    
                 ______VERSUS______

 
1. Cholamandalam MS General Insurance Company Ltd.
Represented by its Managing director,
2nd Floor, Dare House,
2 NSC Bose Road,
Chennai,

2. The Branch Manager,
Cholamandalam MS General
Insurance Company Ltd.,
Agartala Branch,
1st Floor of 'W' Garments Show Room building,
Near ''Raymond'' showroom,
Old RMS Chowmuhani,
Mantribari Road,
Agartala, West Tripura.     .........Opposite Parties. 
            
                    __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Sri Subhajit Chakraborty,
                      Sri Arghya Kusum Paul,     
                       Advocates.

For the Opposite Parties        : None appeared.
                      

        JUDGMENT  DELIVERED  ON:  22.02.16

J U D G M E N T
        This case was filed by one Anjan Deb against Cholamandalam MS General Insurance Co. Ltd. It is alleged that he purchased a four wheeler car and the vehicle was insured to Cholamandalam General Insurance Co. Ltd.  The Car met with  accident on 24.11.14. The vehicle was badly damaged. He went to the repairing centre. Estimate cost of repairing  was given Rs.2,53,435/-. He made contact with the official of the insurance company. The company official refused to pay the cost of repairing. So, the case filed for direction to get the amount from the Cholamandalam  General Insurance Co. 

2.        Notice sent to O.P. No.1 and 2 but the Insurance company did not appear after receipt of notice. So, the case proceeded exparte. Exparte evidence was recorded.

3.        Petitioner produced the original Insurance Policy, Delivery Challan, FIR, Letter to the Complainant, Advocate's Notice, Registered post, Pollution Certificate, Estimate copy, which are marked as exhibit 1 series. Produced Statement on affidavit and also examined one witness, Anjan Deb.
4.        On the basis of evidence  we shall now decided the case exparte.
        FINDINGS:
5.        We have gone through the policy certificate issued by opposite party Cholamandalam MS General Insurance Co. Ltd. Its authorized office is at Agartala. Policy certificate issued on 25.08.14. Insurance coverage was from 21.08.14 to mid night of 20.08.15. The accident occurred as per FIR filed by Anjan Deb was on 24.11.14 within the policy coverage period. Registration certificate also given. Letter addressed to the Managing Director, O.P. No.1 also submitted. Cost of repairing, photocopy of estimate of the M/s Biswakarma Motors Industries is submitted. From the vouchers it is found that repairing cost is shown Rs.2,53,435/-. Another estimate given Rs.3,23,935/-. But in the petition it is clearly stated that total cost was Rs.2,53,435/-. The proprietor of Biswakarma Motors Industries did not appear to support the estimate. In the estimate nothing clarified that this amount was necessary. In the evidence it is also not justified fully. In para 6 its is stated that Cholamandalam was ready to pay Rs.48,000/-. Opposite party could assess the damage and give the amount. We have gone through the photocopy of estimate given and claim of the petitioner. Opposite party No.2 did not appear and exparte evidence recorded. From analysis of the evidence it is found that the vehicle was badly damaged during the insurance coverage period. Insured value is Rs.4,43,538/-. Petitioner approached the O.P. No.2 to give the amount  but the O.P. No.2 failed to pay the same and did not assign any reason. Assessment of damage also not done. This is deficiency of service. Therefore, we direct the O.P. No.2 Insurance Company at Agartala to arrange the payment of damage. The amount we consider will be Rs.2,00,000/-(Two lac). For deficiency of service O.P. No. 2 is to pay Rs.10,000/-(Ten Thousand) and cost of litigation Rs.5,000(Five Thousand). In total O.P. is to pay Rs.2,15,000/-(Two Lac fifteen Thousand) to the petitioner immediately. The amount is to be paid within 2 months, if not paid it will carry interest @ 9% P.A.   
                    Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 
SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM,  AGARTALA, 
WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM,  AGARTALA,
 WEST TRIPURA.