IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/49/2014
Date of Filing: 16.04.2014. Date of Final Order: 30.07.2015.
Complainant: Mr. Amirul Haque, S/O Mojaffar Hossain, Vill. Sekhpur, P.O. Bhasaipaikar,
P. S. Samserganj, Dist. Murshidabad. Pin Code: 742212
-Vs-
Opposite Party: 1. Divisional Manater, National Insurance Co. Ltd,
26/23/1, Sahid Surya Sen Road, P.O. Berhampore, Dist. Murshidabad. Pin 742101.
2. Sr. Divional Manager, National Insurance Co. Ltd.
8, India Exchange Place(1st floor), National Insurance Building, Kol-700001.
3. The Manager, Magma Finance Fin. Corporation Ltd, Siliguri Branch,
City Plaza Building, 1st Floor, Sevak Road, Siliguri, 734001, Darjeeling, WB.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
FINAL ORDER
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for payment of Rs.3,06,000/- towards damages of insured vehicle met with road accident and compensation of Rs.5,000/-.
The complainant’s case, in brief, is that the complainant’s purchased Tata Truck bearing Registration No. WB-59A/446 hypothecation OpNo.3 met with a road accident causing serious damages and the same was informed Op Nos. 1 & 2 and Rs.3.06 lacs were incurred towards repair of the damaged incurred Tata Truck. The OP Nos. 1& 2 did not pay any heed to the demand of the complainant as to payment of expenditure incurred to repair the damaged car. In spite of repeated demand the OP Nos. 1 & 2 did not pay and heed to it a . Lastly on 21.2.14 the OP No.2 informed the complainant by letter dt.20.02.14 that engine and chasis No. of the vehicle does not tally with the said No. of the vehicle and for that the complainant is not entitled to get any relief in this complaint. Then, the complaint met with the OP Nos. 1 & 2 and asked for relevant of the original bills and vouchers but the complainant has filed. Hence, the instant complaint.
The written version filed by the OP no.3, in brief, is that the complainant purchased the Truck with their financial assistance. The complainant has not hired any service from their and there is no deficiency in service on their part and for that the complaint is not entitled to get any relief from them. Hence, the instant written version.
Decision with reasons.
The instant complaint has been filed by the complainant for payment of Rs.3,06,000/- towards damages of insured vehicle met with read accident and compensation of Rs.5,000/-.
The complainant’s case is that the he spent Rs.3.06 Lacs for repair of the insured Truck which met with road accident. The Truck was insured with OP Nos. 1 & 2 Insurance Co. but they are not paying any heed to the claim of the complainant towards payment for repair of the damaged care by the road accident.
In this case OP Nos. 1 & 2 Insurance Co. has not appeared in spite of service of notice upon them and the impugned case has been taken up for hearing ex-parte against OP Nos. 1 & 2.
In this case, the Ld. Lawyer for the OP No.3 has advanced argument claiming adjustment of their dues in the name of financial assistance given by them for purchasing the Truck in question.
In this regard, the complainant has filed relevant documents showing that payment of dues of the complainant to OP No.3 has already been made and for that there is no claim of OP No.3 against the complainant, though there is no counter-claim in this case.
Further, it is clear that the complainant has not seek for any relief from the OP No.3. The main case of the complainant for realization of money spent for repair of the Insured Truck against the OP Nos. 1 & 2 Insurance Company.
To prove the case, the complainant has deposed in the form of evidence-in-affidavit and has filed relevant documents including the vouchers regarding the expenditure for repair of the vehicle that met with a road accident as well as the documents relating to the Policy of the vehicle in question.
Considering the evidence of ex parte we find that the complainant is entitled to get Rs.3.06 lacs towards the cost of repair of the vehicle and compensation of Rs.1,000/-.
Considering the above discussion, we find that the complaint is entitled to get an award of Rs.3.06 lacs subject to indemnifying the coverage and compensation of Rs.1,000/-.
Hence,
Ordered
that the Consumer Complaint No. 49/2014 be and the same is allowed ex parte against the OP Nos. 1 & 2 and dismissed against the Op No.3.
OP Nos. 1 & 2 are directed to pay the cost of repair for Rs. 3.06 lacs to the complainant according to the policy coverage and compensation of Rs.1000/- within 45 days from the date of this order, failing which the OP Nos.1 & 2 have to pay fine @Rs.50 per each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
