IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/107/2021
Date of Filing: Date of Admission: Date of Disposal:
17.12.2021 28.12.2021 01.06.2023
Complainant:MatiurRahaman
S/o- SamserSk
Vill- Maraghati, P.O.- Bhattabati, P.S- Nabagram
Dist- Murshidabad, Pin-742149
-Vs-
Opposite PartyThe Divisional Manager,
New India Assurance Co. Ltd.
Of 37/A R.N. Tagore Road,
P.O. & P.S. Berhampore,
Dist- Murshidabad, Pin 742101
Agent/Advocate for the Complainant : Debasiss Gupta
Agent/Advocate for the O.P. : Kapil Dev Ghosh
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
Sri. Nityananda Roy…………………………………….Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One MatiurRahaman (here in after referred to as the Complainant) filed the case against The Divisional Manager, New India Assurance Co. Ltd.(here in after referred to as the O.P.) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant is the owner of one truck (Ashok Leyland) being no. WB-57D/8755 having Engine No. JWHZ449797, Chassis No. MBIJALHD9KRJA8517 and the Complainant obtained the policy from the New India Assurance Company Ltd (O.P.) having policy number 51290031200100001618 valid from 13.05.2020 to 12.05.2021. The said vehicle met with an accident near Khagraghat Station Road on 17.05.2020 at about 11.00 AM when it was coming from Saithia to Berhampore with loaded sand and as a result it incurred several damages of the said vehicle.The loss was assessed as repairing charges of Rs. 5,68,442/-. The said incident was intimated to the insurer i.e., Berhampore Division Office on 12.06.2020 and after claiming the said amount the O.P. did not turn up till date.
Finding no other alternative, the Complainant filed the instant case for appropriate relief.
Defence Case
After due service of the notice the O.P. appeared by filing W/V contending inter alia that the case is not maintainable as the complaint is on the face of it frivolous, misconceived and baseless.So, the case is liable to be dismissed against the O.P.
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Has the OP any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1
We peruse the complaint. The averments made in the complaint indicate that the Complainant is a consumer under the Consumer Protection Act, 1986 as well as Consumer Protection Act, 2019.
Point Nos. 2 & 3
Both these points are taken up together for the sake of convenience and brevity of discussion.
We heard counsels of both sides and perused the materials on record.
Undoubtedly, the Complainant is the owner of vehicle being no. WB-57D/8755 having Engine No. JWHZ449797, Chassis No. MBIJALHD9KRJA8517. The Complainant obtained the policy from the New India Assurance Company Ltd (O.P.) having policy number 51290031200100001618 valid from 13.05.2020 to 12.05.2021. During the pendency of the insurance policy unfortunately the said vehicle met with an accident near Khagraghat Station Roadand for this the vehicle was damaged. Insurance Company was informed and it appointed a surveyor. The Complainant paid a sum of Rs. 5,68,442/- towards repair of the said vehicle. Bill was submitted to the O.P. Insurance Company for reimbursement of the claim. Although the surveyor appointed by the O.P. insurance company assessed the loss of Rs. 4,73,570/-. Yet the O.P. did not settle the claim.
The O.P. in the W/V stated that the cost of damages in the tune of Rs. 5,68,422/- is not true. At the time of the argument the Ld. Advocate of the O.P. drew our attention to the report of the surveyor and Loss Assessor Mr. Aloke Kumar Chandra fromwhere it is evident that as per assessment of the surveyor the net assessed loss is in the tune of Rs. 4,73,570/-.
Considering the facts and circumstances of the case and the documents filed before us we are of the opinion that the O.P. had not provide the loss amount as per the report of the insurer engaged surveyor. So, in our considered view regarding delay on the part of the O.P. in taking decision within the timelines stipulated in the 2002 regulations falls under the deficiency of service on the part of the O.P. Such being the position we are of the view that the Complainant should get Rs. 4,73,570/- for repairing cost of the said vehicle as per the report of the Surveyor and Loss assessor along with Rs. 26,430/- for mental pain and agony.
Reasons for delay
The Case was filed on 17.12.2021 and admitted on 28.12.2021. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is allowed.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/107/2021 be and the same is allowed on contest.
The O.P. is directed to pay for Rs. 4,73,570/- for repairing cost of the said vehicle + Rs. 26,430/- for mental pain and agony i.e., totaling Rs. 5,00,000/- (five lakh only) to the Complainant.
The aforesaid order must be complied with within 45 days from the date of passing of this order. If the aforesaid order is not complied with within the stipulated period it will carry an interest @ of 6 per cent per annum from the date of the passing of this order till realization.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member Member President.
