Date of Filing: 01.03.2023. Date of Disposal: 05.09.2023.
Complainant :Mr. Sarifuddin Mallick, S/O Rasulbox Mallick, Vill. Shripur, P.O. Shyamdasbati, P.S . Raina, Dist. Paschim Bardhaman, Pin-713424.
-VERSUS -
Opposite Party :1. IFFCO Tokia General Insurance Company Ltd., Branch Office at Patal Bazar, 1st Floor, Burdwan, P.O. & P.S. Burdwan, Dist. Purba Bardhaman. W.B, Rep. by its Branch Manager.
2. The Regional Manager, IFFCO Tokio General Insurance Company Ltd, having its Office at 9/2, Metro Towers, 9th Floor, 1, Ho Chi Minh Sarani, Kolkata, Pin-700071.
Present : Smt. Subrata Hazra (Saha) -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
: Mr. Atanu Kr. Dutta. - Hon’ble Member.
Appeared for the Complainant : Shri Debdas Rudra Ld. Advocate.
Appeared for the Opposite Party : None.
F I N A L O R D E R
The contention under the complaint is that the complainant purchased a two wheeler vehicle being Model No. Apache RTR 160(BS-IV) under Registration No . WB42AP/1713 , from the Bright Automobile Pvt . Ltd. situated at Shyamsundar, Purba Bardhaman on 23.03.2018. The complainant placed this vehicle under the insurance coverage of OP No. 1 namely IFFCO Tokia General Insurance Company Ltd. under Policy No. 87600630 for the period from 06.04.2018 to 05.04.2019. But unfortunately, on 21.08.2018 at night the said vehicle was stolen from the house of the complainant and he tried his level best to find out or search the vehicle in every nook and corner but failed. Then finding no other alternative, this complainant went to the Raina Police State on 22.08.2016 to lodge a complaint against the theft of his vehicle but the Officer-in-Charge of the Police Station did not receive his complaint at that day and directed him to search the vehicle again. Subsequently, on 6.09.2018 this complaint lodged the complaint against his vehicle and P.S. case started against that theft. Thereafter, this complainant went to the Insurance Company i.e OP No.1 to intimate the matter of theft to them being Insurance Company for the purpose of insurance claim on 08.09.2018 and submitted his claim petition along with all relevant documents. In addition to he requested the OP No.1 to settle his insurance claim because the vehicle was under the coverage of Insurance Policy as aforesaid issued by the OPs. On receiving all documents and claim form, this OP No.1 sent a letter to him on 11.09.2018 asking some relevant documents from him. On receiving that letter, the complainant sent all of his relevant documents which were under his custody to the office of the Op No.1 as per their requirements. But since the filing of those documents till the date of filing of the present complaint, this OP No.1 did not settle his claim. Further to be mentioned that this vehicle was purchased by him at the assistance of the financer L&T to whom his vehicle was hypothecated. This complaint also intimated his financer about the theft of the vehicle along with information to the Insurance Company. He assured to his financer that he would repay the entire outstanding of his loan or dues on getting insurance claim from the company. But this complainant finally satisfied all the outstanding loan of the financer by himself and the financer issued him ‘No Objection’ certificate of loan on 23.02.2023. So, at present the vehicle is not hypothecated to the financer or the financer will not get any loan amount from him. The financer cancelled his loan agreement on receiving the entire outstanding dues from the complainant. Now, this complainant has approached before this Commission for proper relief against the OPs who did not bother to make a single response against his insurance claim or did not settle the same. It is a clear violation of I.R.D.A guidelines and nothing but deficiency in service and unfair trade practice on their part.
Now, the complainant prays to get Insurance Declare Value (I.D.V) at the tune of Rs. 75,415/- as per coverage of the policy under the Policy No.87600630 issued by the OPs. This complainant also prays a compensation with regard to his mental pain, agony and harassment at the tune of Rs. 1, 00,000/- . He has also prayed for litigation c ost behind this case to the tune of Rs. 25,000/-.
This case has been filed under the statutory period within two years from the cause of action i.e. 21.08.2018 as well as 23.02.2023. The complainant is entitled to get relief as asked for.
In order to substantiate his claim, the complainant examined himself wherein the entire contention of the complaint petition has been related in writing by the complainant before this Commission. In addition to , he files Xerox copies of (i) Invoice, (ii) Insurance Policy, (ii) F.I.R. against the theft of his vehicle, (iv) letter d t. 11.09.2018 issued by Insurance Company, (v) letter dt. 13.03.2019 issued by his financer; (vi) letter dt . 01.11.2022 issued by the financer and (vii) No Objection Certificate along with notice terminating the higher purchase agreement.
OP Nos. 1 & 2 though having received the summons but did not bother to approach before this Commission by filing any Written Version (W/V) or adducing evidence or for testing the veracity of the complaint behind written evidence-on-affidavit.
Decision with Reasons.
This commission carefully, perused the entire materials on record and also gone through the untested testimonies of the complaint as well as the original documents as filed by , behind the Xerox copies of the documents which were in record.
On perusal of those documents, this Commission finds that factually the vehicle was purchased from the Nigh Automobile Pvt. Ltd. and the L.&T Company was the financer of the vehicle behind his loan. On perusal of other documents between the financer and the complainant, this Commission finds that the loan was satisfied by the complainant to the finance when they sent a ‘No Objection’ certificate against his loan for the vehicle. It is further noticed from the papers of the Insurance as filed by the complainant that at the time of hearing, the insurance policy was valid at the time alleged theft and the coverage of theft was under the Insurance Policy or liability of the Insurer to satisfy his insurance claim at the theft of the vehicle.
So, on being satisfied with entire documents as well as untested testimonies of the complaint this Commission is inclined to pass an affirmative order in respect of the claim of the complainant, considering his submission as genuine one; especially when the OPs were not dared to contest the case on being summoned by the complainant.
Hence, it is
ORDERED
That the Complainant do get award of Rs. 75,415/- (Rupees Seventy Five Thousand Four Hundred Fifteen only) towards coverage of policy No. 87600630 along with compensation at the tune of Rs. 25,000/- (Rupees Twenty Five Thousand only) for mental pain and harassment.
Insurance Company (OP Nos. 1 & 2) are directed to pay the amount of Rs. (75,415 + 25,000) = Rs. 1, 00,415/- (Rupees One Lakh Four Hundred Fifteen only) within 3(three) months from the date of order i/d complainant is entitled to get interest at the aforesaid amount @ 4%p.a. from the date of filing of the case i.e. 01.03.2023 to till realization.
Complainant also have a liberty to execute the award as per provisions of Secs. 71/72 of the C.P. Act, 2019.
No order of cost is being passed.
Let a copy of this order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C., Purba Bardhaman.
Member Member President
D.C.D.R.C., Purba Bardhaman. D.C.D.R.C., Purba Bardhaman. D.C.D.R.C., Purba Bardhaman.
