In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 110 / 2010.
1) Smt. Subhra Bose and
2) Sri Shiv Sankar Bose
Both residing at :
41/2, Laxminarayantala Road, B. Garden, Howrah-3. ---------- Complainant
---Versus---
1) ICICI Lombard General Insurance Co. Ltd.,
ICICI Bank Towers, Bandra Kurla Complex, Mumbai-400051.
2) ICICI Lombard General Insurance Co. Ltd.,
Apeejay House, 15 Park Street, 7th Floor, Kolkata-700016. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 1 9 Dated 3 0 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainants Smt. Subhra Bose and Sri Shiv Shankar Bose against the o.ps. ICICI Lombard General Insurance Co. Ltd. The case of the complainants in short is that the
Bolero car of the husband of the complainant no.1 bearing no.JH 05U 8755 and the same was insured with the o.ps. and the sum assured of Rs.5,53,850/- and EMI was fixed Rs.19,590/- and the policy no. was 3001/5300355/00/000 valid from 29.11.07 to 28.11.08 midnight. On 20.8.08 the said car was stolen from Lakhansai, Noamundi, PO & PS – Noamundi, Dist- Singhbhum (W) and FIR was lodged on 10.9.08 and the police case was started in the said police station having 47 of 2008 and vehicle was traced on 24.6.09 and Late Debasis Bose claimed the insured amount on 22.9.08 by claim no.MOT 00897695 as per contract with o.p. and on receipt of the said claim letter o.p. asked for relevant papers to be submitted by Late Debasis Bose on 17.10.08 and thereafter Debasis Bose died on 7.11.08 and the same was intimated to o.p. and o.ps. took no step despite several requests on the part of the complainant. Thereafter o.p. sent two letters both dt.22.6.09 addressed to Debasis Bose wherein it was stated that the vehicle was in the custody of Darawali P.S., Siwan District whereas by the other letter of the same date o.ps. informed that the said vehicle was in the custody of Tarawali P.S., Patna City and requested the complainant to take possess of the vehicle and to withdraw the claim within 8 days, failing which they would treat the claim as ‘no claim’. Complainants being legal heirs of the deceased Debasis Bose they are entitled to bring this complaint and by the same letter dt.22.6.09 o.ps. stated that the vehicle lying in the custody of two various police stations and these statements have got not leg to stand upon simply because a vehicle cannot be in the custody of two various police stations at a time and the o.ps. repudiated the claim of the complainants. Hence, the instant case filed by the complainants with a prayer contained in the prayer portion of the petition of complaint.
Both the o.ps. had entered their appearance by filing w/v denying all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties together with evidences and documents in particular. From the record we find that I.O. of Noamundi P.S. Dist-Singhbhum (W) in case no.47 of 2008 in G.R. case no.434 of 08 and the said policy filed final report vide annex-B,C & D and wherefrom it is crystal clear that the vehicle in question was actually theft and the contention put forward by o.ps. vide their both letters dt.22.6.09 are after thought contention to avert the liabilities to pay the insured sum. It is natural that a vehicle cannot be in the custody of two different police station s at a time. So the submission put forward by o.ps. on oath are hardly sustainable and tenable in law and from the final report Noamundi P.S. stated that the vehicle could not be traced out but surprisingly enough o.ps. have stated in their letter dt.22.6.09 that the vehicle in question were traceable in two various police stations once at a time. Therefore we hold that there is evasive and clear deficiency on the part of the o.ps. being service provider to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and severally directed to pay a sum of Rs.5,53,850/- (Rupees five lakhs fifty three thousand eight hundred fifty) only with interest @ 9% p.a. from one month after the date of submission of the claim till the date of realization. O.ps. are further jointly and severally directed to pay compensation of Rs.75,000/- (Rupees seventy five thousand) only for 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 order to the parties.
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MEMBER PRESIDENT
