West Bengal

Paschim Midnapore

EA/6/2013

Swapan Kumar Paul - Complainant(s)

Versus

Divisional Manager, Oriental Insurance Division office No.II - Opp.Party(s)

29 Jan 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Execution  case No.06/2013                                                         Date of disposal: 29/01/2014                            

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER : 

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. S.Chakraborty, Advocate.

    For the Defendant/O.P.S.                           : Mr. P. Ghosh,          Advocate.

          

                 Swapan Kumar Paul, S/o late Jugal Chandra Paul, Vill. Birbhanpur, P.O. Hematpur,

                 P.S. Chandrakona, Dist Paschim Medinipur………………Complainant.

                                                              Vs.

1. Divisional Manager, Oriental Insurance Division office  No.II, 4, Lyons Range, 4^th Floor, Kolkata 700001
2. G.M., Oriental Insurance , Orient House, A-25/27, Assf Ali Road, New Delhi-110002………………Ops.

 

              Case of the complainant Sri Swapan Kumar Paul, in short, is that and order dated 09/04/2013 in connection with C.C.No.185/12 obtained by the complainant and accordingly the complainant moved before the Op with necessary documents for consideration of his claim within three weeks from the date of receipt such application.   It is alleged, in this case that in spite of receipt of the application the Op did not comply the order of the said case no.185/12 and willfully harassed him.  Stating the allegation the complainant prayed for execution of the earlier order dated 09/04/2013 of C.C. NO.185/12 and also to impose fine of 50 000/- (Fifty thousand) only under Section 27 of Consumer Protection Act.

              Op contested the case by challenging that the order dated 09/04/13 passed in connection with Case No.185/12 is not executable.  In addition, it is submitted that the policy was valid from 24/07/12 to 23/07/13 and in absence there of the claim of the complainant cannot be considered.  Very particularly stated in the written objection by the Op that the alleged loss of policy took place on 07/03/12 stated by the complainant and as such the said loss was not covered under the insurance policy.

             So, there was no occasion, as to the Op, for holding deficiency of service as alleged by the complainant.  Thus, the Execution Case is liable to be dismissed.

Contd…………….P/2

 

 

- ( 2 ) -

Decision with Reasons :

               Upon careful consideration of the case of both parties it appears that a direction was given to the complainant for filing documents relating to his claim in prescribe form as per order No.7 dated 09/04/13 in connection with Case No.185/12 and upon receipt of the documents the Op shall dispose of the claim of the complainant by reasoned order within three weeks from the date of receipt of such claim application.  But it is clear fact that the complainant has submitted claim form, alongwith Forum’s order dated 09/04/13, Insurance Certificate, Policy bond, diary, FIR, final report, and also receipt in respect of the vehicle on 03/10/13 before the Op-Insurance Company, as it appears from the documents submitted by firisty from the end of the complainant.  Surprisingly, it has come to us that the order No.7 dated 09/04/13 gave direction to the Op that the claim matter will be disposed of within three weeks from the date of receipt of such application.  If that be so, the Op received the claim case on 03/10/13 and the present execution case has been filed on 10/07/13 which is very much infractuous, misconceived and baseless for the purpose of favourable consideration of this case. As a result, we do not find any valid ground for granting the prayer.

                   Hence

                              It is ordered

                                                  that the case be and the same stands dismissed on contest without cost.

 

Dic. & Corrected by me

              Sd/-                                                    Sd/-                                                       Sd/-

         President                                             Member                                                 President

                                                                                                                               District Forum

                                                                                                                           Paschim Medinipur.