DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./76/2023
Date of Filing Date of Admission Date of Disposal
23.03.2023 11.04.2023 28.02.2024
Complainant/s:- | WRITAM MONDAL, S/o Rajib Mondal, of Gokulpur, P.O. Gokulpur, P.S. Swarupnagar, District : North 24 Parganas, Pin – 743286. =Vs= |
Opposite Party/s:- | 1) ICICI Lombard General Insurance Co. Ltd. Registered office : ICICI Lombard House 414, Veer Savarkar Marg, near Siddhi Vinayak Temple Prabhadevi, P.S. Worli, Mumbai – 400025. 2) The Manager of ICICI Lombard General Insurance Co. Ltd. of Appejay House, 7th Floor, 15, Park Street, Kolkata – 700016 AND J.K. Millennium Center, 46D, Block – B, 3rd Floor, Chowringhee Road, P.S. Shakespeare Sarani (Parksite), Kolkata – 700073. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainants above named filed this complaint against the aforesaid Opposite Parties praying for direction to disburse the claim amount in favour of the Complainant to pay Rs. 4,26,838/- as damage, Rs. 50,000/- as compensation, litigation cost and other reliefs. He alleged that he purchased one two wheeler policy from the O.P No. 1 & 2 after paying the premium amount. Said policy was valid for the period from 23/09/2022 to 22/09/2023. During validity period of the said policy on 23/11/2022, Complainant along with his friend Ayan Bhattacharya by the said Motor-Bike were going in front of Adamas Knowledge City, Barasat and all on a sudden they met with an accident by a car which was coming from the opposite direction. As the aforesaid car came infront of the said bike, Complainant suddenly pressed the brake and lost their control and were fallen from the bike and sustained bodily injuries. Aforesaid bike was badly damaged. Due to grace of the god, some people rescued them and also informed their family members. Relating to the said accident no complaint was lodged before any authority.
Aforesaid damaged bike was shifted to 10D, East Topsia Road, Kolkata – 700046 for repairing purpose. The petitioner has retreat and carried the said badly damaged vehicle to the garage / service centre namely Speed Auto Service Pvt. Ltd., 10D, East Topsia Road, Kolkata – 700046 for repairing purpose. Thereafter, Complainant has duly intimated the aforesaid accident to the O.P No. 1 & 2 and he submitted claim before them in a prescribed form. In the said claim form Complainant claim reimbursement of estimated cost of repairing of the said Motor vehicle as he sustained total loss amounting to Rs. 4,26,838/-. O.P No. 2 called the petitioner to his office and advised to act accordingly as per their direction to get the monetary claim at an early date. Complainant his friend Ayan Bhattacharya went to the P.O on 19/12/2022 along with the investigator of the Insurance Company and as per direction of the investigator wrote a statement. Investigator also recorded the same by video recording. But till date O.P No. 1 and 2 not yet paid the claim amount. Hence, the Complainant filed this case.
O.P No. 1 & 2 filed W/V and denied the entire allegations made in the petition of complaint. He further stated that Complainant made a written statement before the O.P No. 1 & 2 on 19/12/2022 and he stated therein that he is the register owner of Kawasaki Z 900 Motor-cycle with no. WB 26 B T / 7515. He is a college student and EMI of the bike is Rs. 15,448/-. He used the same for his personal use. On 23/11/2022 he was riding the same and was travelling towards Hela-Bottala and his friend Sam Deb was pillion rider.
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C.C. No./76/2023
When they were crossing Adamas university then one unknown car came in there and hit them from the right. Due to this, they were fallen and aforesaid bike was badly damaged but no one was injured. He further stated that as the bike was very new he could not mention any D/L. His friend Ayan Bhattacharya’s D/L was submitted for the purpose of claim only. O.P No. 1 & 2 further stated one investigator was appointed for the purpose of investigation. Investigator reported that at the material time Complainant himself with a pillion rider Sam Deb met the alleged accident. On the material time Complainant was driving the said motor-bike without any valid driving license and for that reason Complainant implanted a driver namely Ayan Bhattacharya along with false D/L. It is out and out false that in the claim form Complainant claim reimbursement of estimated cost of repairing of the said bike amounting to Rs. 4,26,838/-. Repudiation letter dated 04/01/2023 has been issued in favour of the Complainant vide no. 40123528021 and the reason for repudiation of the claim stated in the said repudiation letter that “this is with reference to the Claim No. MOT13019819 filed with us for the Policy No. 3005/259027772/00/000. We have perused the documents submitted by you and regret to inform you that your claim cannot be settled for the following reason:- due to Misrepresentation of facts (Driver details are misrepresented from actual & try to hide the material facts).”
Aforesaid repudiation letter has been filed by the Complainant with the mark F. So, it is out and out false averment made by the Complainant regarding the claim. They prayed for dismissal of the case.
Decisions with Reasons:-
Case was admitted on 11/04/2023. Thereafter, 14/08/2023 was fixed for filing evidence. On that date Complainant prayed for adjournment and that was allowed. Next date was fixed on 23/11/2023 for filing evidence by the Complainant. On that date Ld. Advocate for the O.P No. 1 & 2 was present but Complainant was absent without any steps. He was asked to file Show Cause by 20/02/2024 as to why necessary order shall not be passed against him. But on 20/02/2024, Complainant was absent without any steps and he not yet filed Show Cause.
On perusal of record we find that Complainant not yet filed any evidence in support of his case. Even he did not file original documents in support of his contention.
We have carefully gone through the petition of complaint filed by the Complainant and W/V filed by the O.P No. 1 & 2.
It is the duty of the Complainant to establish his claim by sufficient documents beyond reasonable doubt. But in the instant case Complainant did not take any steps to prove his case by sufficient documentary evidence as well as oral evidence.
Having regard to the aforesaid discussion, we are of the firmed view that Complainant has not able to established his grievance by sufficient documents beyond reasonable doubt and he is not entitled to any relief as per his prayer.
In the result, present case fails.
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/76/2023 is dismissed ex-parte against the Opposite Parties but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
C.C. No./26/2023
Order No. 07
Dated:-28.02.2024
Today is fixed for final order / judgment. Ld. Advocate for the O.P No. 1 and 2 is present. Complainant is absent without any steps. Final Order / Judgment is ready and same is pronounced in open Ejlash.
Final Order / Judgment is kept with the record. As per Final Order / Judgment
It is
Ordered:-
That the present case be and the same vide no. CC/76/2023 is dismissed ex-parte against the Opposite Parties but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
