In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.30/2011.
1) Sri Amrit Mukhopadhyay,
9, QueensPark, Ballygunge,
P.S. Ballygunge, Kolkata-19. ---------- Complainant
---Versus---
1) IFFCO TOKIO GENERAL INSURANCE CO. LTD.
8, AJC Bose Road, Circular Court,
P.S. Shakespeare Sarani, Kolkata-17.
2) IFFCO TOKIO GENERAL INSURANCE CO. LTD.
Customer Service Centre,
8, AJC Bose Road, Circular Court, 1st Floor,
P.S. Shakespeare Sarani, Kolkata-17.
3) The Manager of
IFFCO TOKIO GENERAL INSURANCE CO. LTD.
Customer Service Centre,
8, AJC Bose Road, Circular Court,
P.S. Shakespeare Sarani, Kolkata-17. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 26 Dated 29-11-2013.
The case of the complainant in short is that complainant is the registered owner of the vehicle CHEVROLET AVEO U-VA 1.2 bearing registration no. WB-06-7895, engine no.B12S1074541KC2, chassis no.MA6TF482M8HJI7937. Complainant is holding a driving license being no.WB01200182720 issued b y the P.V.D Kolkata in favour of the complainant on 13.11.01 with a validity period upto 10.12.12.
Complainant was driving the said vehicle on 28.2.10 at about 20-15 hrs along A.C. Avenue from south to north in a normal speed and while reaching at the crossing of A.C. Avenue and Queens Park the car met with an accident on western flank of A.C. Avenue adjacent to south east corner of Birla Mandir when the vehicle hit the dwarf wall at the edge of the footpath. The car got damaged and one Md. Manirul Islam, Traffic constable, who was sitting on the dwarf wall got injured in his leg. The vehicle was seized on the spot and take to Ballygunge P.S. and the complainant was also taken to the police custody. Md. Manirul Islam was taken to CNMCHospital, thereafter he was taken to Mission of Mercy Hospital & Research Centre for medical aid.
Thereafter a policy case was registered against the complainant by the police officer of Ballygunge P.S. vide Ballygunge P.S. Case No.17 dt.28.2.10 under IPC Section 279, 308 & 427 and MV Act Section 185, Subsequently Md. Manirul Islam expired on 1.3.10 at CMRI Alipore and then Sec 304(II) IPC was added. The complainant is on Court bail in connection with the above reference case.
Complainant further submits that o.ps. intentionally, deliberately refused to make any payment in respect of road accident damage of the said car suffered by the complainant by referring to the FIR no.17 lodged at Ballygunge P.S. on 28.2.10 with a malafide intention and without any proof as per law.
Complainant is the registered owner of the said vehicle having relevant documents like registration certificate, tax token etc. The complainant was driving the car with a valid driving license issued by P.V.D Kolkata. Xerox copy of the documents relating to the said vehicle are enclosed herewith and marked annex-C collectively for perusal.
Complainant begs to submit that o.ps. directed the complainant to their legal representative, one Mr. Sambhu Shaw (phone no.22816212/0) who had flatly refused to pay the claim the complainant. Complainant submits that since his said vehicle had been damaged the complainant had given his said vehicle to India Automobiles, 2, Justice Chandra Madhav Road, Kolkata-20 which is an approved service centre having caseless repairing arrangement with o.ps., sometime on first week of April, 2010 for repairing the same. On refusal of the complainant’s claim by o.ps., the said India Automobiles delivered back the said vehicle after repairing to the complainant on 8.5.10 against a payment of a sum of Rs.80,000/- by the complainant vide draft no.097096 dt.7.5.10 drawn on Standard Chartered Bank, N.S. Road Branch, Kolkata in respect of repairing cost of the said vehicle. Xerox copies of the invoice and money receipt dt.8.5.10 from India Automobiles are enclosed herewith. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
All the three o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant has been able to prove his case as there is deficiency in rendering service on the part of the o.ps. and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay a sum of Rs.80,000/- (Rupees eighty thousand) only towards the reimbursement for the expenses of damage vehicle of the complainant and are further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty 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 @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
