DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 325 of  2022

 

Sri Ramkrishna Tapadar,

S/O- Raimohan Tapadar,

Vivek Palli, Ashram Chowmuhani,

South Dhaleswar, 

P.O. Agartala College,

P.S. East Agartala,

Agartala, Tripura West- 799004. .…...…....... Complainant.

 

-VERSUS-

 

1. IFFCO TOKIO General Insurance Co. Ltd.,

House Fed Complex, 3rd Floor,

Rukminigaon, Near HDFC Bank,

G.S. Road, Guwahati, 

Assam- 781011.

 

2. IFFCO TOKIO General Insurance Co. Ltd.,

Sankar Chowmuhani,

P.O. Agartala, P.S. West Agartala,

Agartala, Tripura West,

Pin- 799001(Local Office). ...............Opposite Parties.

 

    __________PRESENT__________

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

 

For the O.P. No.1 : Exparte.

 

For the OP. No.2 : Sri Karnajit De,

 

 

 

 

F I N A L    O R D E R  

1. This case is filed U/s 35 of the Consumer Protection Act, 2019 by Sri Ramkrishna Tapadar of Ashram Chowmuhani, Agartala(in short 'Complainant') against the O.Ps namely IFFCO TOKIO General Insurance Co. Ltd., Guwahati, Assam(in short 'O.P. No.1') and IFFCO TOKIO General Insurance Co. Ltd., Agartala, Tripura West(in short 'O.P. No.2') alleging  deficiency in service on the part of the O.Ps.

1.2 The fact of the case in short is that daughter of the complainant, Sarmistha Tapadar since deceased was the owner of the two wheeler bearing registration No. TR -01- AN 5470 which was duly insured with the O.P. Insurance company vide Policy No. 17218501 covering period from 22.06.2020 to 21.06.2021 along with PA cover for owner cum driver. 

1.3 On 11.10.2020 at about 1000 hours the daughter of the complainant Miss Sarmistha Tapadar since deceased while going to Teliamura riding her two wheeler met with a Road Traffic Accident at Champaknagar on Assam - Agartala Road. 

1.4 She sustained grievous injuries and was  shifted to Champaknagar hospital and thereafter referred to AGMC and GBP Hospital and expired at AGMC & GBP Hospital, Agartala on 11.10.2020. Post mortem examination was also conducted on the dead body of Sarmistha Tapadar. 

1.5 The matter was informed to the Jirania P.S. and U.D. Case No. 2020/JRN/017 dated 08.11.2020 was also registered. 

1.6 Thereafter the matter was duly informed to the O.Ps on 02.11.2020 but the Insurance company did not respond.  

1.7 The complainant then served legal Notice to the O.P. No.1 through his Advocate on 01.10.2021 but the O.Ps remained non-responded and did not settle the claim of the complainant. 

1.8 Finding no other alternative the complainant filed this case for getting relief claiming Rs.15,00,000/- along with 9% interest and cost of Rs.1,00,000/- for deficiency in service on the part of the O.P. 

2. The case proceeded exparte against the O.P. No. 1 vide order dated 12.09.2022 as the O.P. after getting sufficient opportunity failed to submit their written version.  

2.1 The O.P. No.2 Insurance company in their written objection denied and disputed the contention of the complaint in various paragraphs. The O.P. further stated  in the written objection that due to not receiving intimation within time the O.P. Insurance company could not verify the fact.

3. The complainant submitted evidence on affidavit with documents i.e., certificate of registration of the scooty; the driving license of Sarmistha Tapadar, Policy of Insurance and copy of U/D case; copy of P.M. examination and also Legal Notice dated 01.10.2021 issued on the O.P. Insurance company. 

3.1 The O.P. Insurance company also submitted evidence on affidavit although did not submit written objection in time.

4. Argument was heard and on the basis of argument and evidence the following points are taken up for discussion and decision:-

 

DECISION AND REASONS FOR DECISION:-

5. Both the points are taken up together for discussion and decision.

5.1 The complainant in support of his complaint has proved the registration of scooty bearing No. TR -01-AN -5470 in the name of the deceased Sarmistha Tapadar; driving license of Sarmistha Tapadar from 15.06.2017 to 14.06.2037, the policy of Insurance covering  the period  22nd June, 2020 to 21st June, 2021 wherein premium for P.A. coverage of Rs.15 Lakhs was duly paid; certificate of P.M. examination over the dead body of Sarmistha Tapadar and the Unnatural Death case vide Jirania P.S. U/D case no. 2020/JRN/017 dated 08.11.2020. 

5.2 On the contrary, the written objection and evidence of the O.P. is nothing but casual denial of the case of the complainant. There is no valid reason why the amount of P.A. coverage was not paid to the complainant. Although such claim was lodged within time along with all documents and also submitted the legal notice dated 01.10.2021 to the O.P. As such the O.P. Insurance company is hugely deficient in rendering proper service to the complainant.

5.3 Both the points aqre decided accordingly.

6. In the result, it is ordered that the O.P. Insurance company shall pay the assured sum of Rs.15 Lakhs under P.A. coverage to the complainant along with interest @ 7.5% P.A. w.e.f. 01.10.2021 i.e., the date of serving Legal Notice upon the O.P. till the date of actual payment and a further sum of Rs.1 Lakh to the complainant for deficiency in service in default to pay within 30 days from today. This amount of Rs.1 Lakh shall also carry interest @ 7.5% P.A. from today till the date of actual payment.

7. The case stands disposed off. Supply a copy of this Final Order free of cost to all the parties. 

 

 Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.