In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   148 / 2010.

1)                   Dhanbad Fuels Limited,

13, Elgin Road, Kolkata-700020.

2)                   Amit Agarwal, Director, Dhanbad Fuels Limited,

13, Elgin Road, Kolkata-700020.                                                             ---------- Complainant

---Versus---

1)                   HDFC ERGO General Insurance Company Limited,

1, Ho Chi MInh Sarani, 10/2, Metro Tower, Kolkata-700071.

2)                   OSL Prestige Private Limited,

The Silver Arcade, 5, JBS Halden Avenue, Kolkata-700105.                    ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   1 9    Dated  27/03/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Dhanbad Fuels Ltd.  and Amit Agarwal against the o.ps. HDFC ERGO General Insurance Co. Ltd. and another. The case of the complainant in short is that on 4.4.09 complainant purchased a car no.WJ 86347 from o.p. no.2. The said car was insured with o.p. no.1 on 17.4.09 and the premium was fixed at Rs.67,507/- p.a. On 8.9.09 due to heavy rain in Kolkata most parts of the city became water logged and the car of the complainant got stranded in Camac Street, Kolkata which was water logged with knee deep water. Complainant immediately gave a break down call to o.p. no.2 and o.p. no.2 took steps towing the vehicle to their workshop. O.p. no.1 was informed on the following day. On 11.9.09 complainant received a communication from o.p. no.1 that the claim of complainant could not be processed and the same was being closed due to the fact that their surveyor could not any scope for assessing the loss inflicted to complainant since because o.p. no.2 dismantle the entire parts of the vehicle prior to arrival of the surveyor of o.p. no.1 and external force was used by complainant for starting the engine in the water logging state of condition. Further case of the complainant that the complainant had to pay a sum of Rs.2,21,729/- to o.p. no.2 for the repair of his vehicle. On being aggrieved by such repudiation complainant has come forward with the instant compliant with the prayer contained in the prayer portion of the petition of complaint.

O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and matter was heard ex parte as against o.p. no.2 as o.p. no.2 did not contest the case.

Decision with reasons: -

We have gone through the pleadings of the parties, evidence and documents in particular. The contention of o.p. no.1 is that their surveyor did not get any scope to assess the loss since the vehicle in question was dismantled by o.p. no.2 and this position justified their claim for repudiation. It is also evident from the record that complainant paid a sum of Rs.2,21,729/- for repudiating his vehicle by o.p. no.2. We are of the firm view that o.p. no.2 ought not to have dismantled the parts of the vehicle in question prior to arrival of the surveyor of o.p. no.1 and this action on the part of o.p. no.2 stood in the way for assessing the amount of loss inflicted to complain ant by the surveyor of o.p. no.1 and we do not find any lapse on the part of o.p. no.1 in repudiating the claim lodged by complainant to o.p. no.1 and it is o.p. no.2 who is liable to pay the amount incurred by complainant for repairing of the vehicle in question by o.p. no.2.

Hence, ordered,

That the petition of complaint is allowed on contest without cost against o.p. no.1 and ex parte against o.p. no.2 with cost. O.p. no.2 is directed to pay a sum of Rs.2,21,729/- (Rupees two lakhs twenty one thousand seven hundred twenty nine) only to the complainant which he had received from the complainant for repairing the vehicle and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

Supply certified copy of this of order to the parties.

   _____Sd-______                                              ________Sd-_________

     MEMBER                                                           PRESIDENT