Consumer Complaint No. 177 of 2016
Date of filing: 29-09-2016 Date of disposal: 28-03-2016
Present :
Sri Asoke Kr. Mandal Hon’ble President,
Sri Pankaj Kr. Sinha Hon’ble Member,
Mr. Naserullah Sekh, S/O. Sk. Sahidullah,
Vill. Ramnagar, P.O. Puratangram,
P.S. Galsi, Dist.-Burdwan, Pin-713103. Complainant
VERSUS
- L & T General Insurance Company Ltd.
Having its branch office at G.T. Road,
Near Sun Hospital, P.S. & Dist. Burdwan,
Represented by its Branch Manager.
- L & T General Insurance Company Ltd.
Having its Registered Office at L & T House,
N.M. Marg, Ballard Estate,
Mumbai – 400001,
Represented by its Chairman.
- The Manger, L & T Finance Ltd. [Expunged vide Order
Having its Office at No. 09 dt. 22.02.2017]
No. 2 Upper Wood Street,
1st. Floor,Kolkata-700 016. Opposite Parties.
Appeared for the complainant : Ld. Advocate, Debdas Rudra.
Appeared for the O. P. Nos. 1 & 2 : None.
Appeared for the O. P. No.3 : None.
JUDGEMENT
This case was heard ex parte against the O.P. Nos. 1 and 2 as in spite of service of notices upon them, they did not appear and contest this case. The names and address of the O.P. No. 3 has been expunged on the basis of the prayer of the complainant vide Order No. 09 dt. 22.02.2017. So this Final Order/Judgment is not binding upon the O.P. No. 3.
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This is a case U/s. 12 of C.P. Act for an award directing the O.P. Nos. 1&2 to pay Rs. 5,53,070/- as Insurance declared value of the policy, to pay Rs. 1,00,000/- as compensation for mental pain, agony and harassment and to pay Rs. 25,000/- as litigation cost to the complainant with the observation that there are/were deficiency in service and unfair trade practice on the part of the O.P. Nos. 1 & 2.
The complainant’s case in short is that the complainant is the registered owner of a Tractor having Regd. No. WB-41G-7370, Model No. Sonalika D1 35 RX, Engine No. 3100FLS33K382213F2 and Chassis No. CYASV384751S3. The complainant took a loan of Rs. 4,00,000/- from the O.P. No. 3 and hypothecated said vehicle on 27.08.2014. Said vehicle was covered under the insurance policy being No. 915106003863730000 of the O.P. No. 2 through the O.P. No. 1 for the period from 08.09.2014 to 07.09.2015 and subsequently said policy was renewed having New Policy No. 915106003863730100, fixing I.D.V. at Rs. 4,97,763/-, for the period from 08.09.2015 to 07.09.2016. On 07.11.2015 when the complainant’s Driver Tagar Molla, keeping said tractor loaded with 15 bags of ‘Sufala Fertilizer’ by the road side at Kaitara Sayer Park under Galsi P.S. after the repairing the same in the garage of Prabir Mistri, was taking Tiffin in the road side of the Tea- stall, one Raju Molla with 4/5 persons snatched the tractor and fled away from that place with high speed. Said driver & the local people tried to trace out the tractor but in vain. Being intimated regarding such theft, the complainant lodged a complainant in the Galsi P.S. on the same day but the police Galsi P.S. without treating said complaint as F.I.R. registered said complainant as G.D. Entry No. 657 dt. 07.11.2015. As such the complainant lodged a complaint in the Court of Ld. C.J.M. Burdwan against said Raju Molla. Ld. C.J.M. was pleased to send said complaint to the Galsi P.S. for investigation treating the same as F.I.R. There said complaint was registered as P.S. Case No. 448 of 2015 u/s 149/379/392/34 I.P.C. Being endorsed S.I. Prakas Ankuria of Galsi P.S. took up the investigation of said case. After completion of the investigation, S.I. Prakas Ankuria of Galsi P.S. submitted charge sheet u/s 379 I.P.C. against said Raju Molla showing him absconder and without recovering the Tractor in question, in connection with said P.S. Case No. 448 of 2015. The complainant on several times visited the office of the O.P. No. 1 and intimating the incident requested them to issue Claim Form but the O.P. No. 1 did not pay any heed. The complainant then served legal notice dt. 07.05.2016 through his Ld. Advocate Mr. J. Hossain. Lastly the O.P. No. 1 issued Claim Form and the complainant submitted filled up Claim Form along with all related documents on 04.07.2016 before the O.P. No. 1 for settlement of the claim. But within the considerable period the O.P. No. 1 did not give any response and settle the claim. Then the complainant was forced to served another legal notice dt. 12.08.2016 to the O.P. Nos. 1 and 2 with a request to settle the claim within 15 days from the date of receipt of the same. But the O.P. Nos. 1 and 2 did not follow the guideline of IRDA and did not settle the claim and also they have kept pending the same for a long period. This act of the O.P. Nos. 1 and 2 proves deficiency in service and unfair trade practice on their part. For such illegal act of the O.P. Nos. 1 and 2, the complainant has been suffering monitory loss, mental pain, agony and harassment and has been forced to come before this Forum for reliefs. So the complainant is entitled to get an award as mentioned above.
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DECISION WITH REASON
To prove her case the complainant has relied upon her evidence on affidavit and photocopies of several documents like Certificate of Registration related to the Tractor, two policy certificates, letter dt. 16.09.2014 along with document showing coverage of policy etc., written complaint lodged in the court of Ld. C.J.M. Burdwan, formal F.I.R, orders dt. 02.03.2015, 12.12.2015, 03.02.2016 and 16.03.2016 passed by the Ld. C.J.M. in G.R. No. 5192/2015, Charge-sheet No. 47/16 dt. 29.02.2016 and legal notice dt. 07.05.2016, letter dt. 04.07.2016 including claim form, postal receipts, postal track reports and another legal notice dt. 12.08.2016.
We have carefully perused the materials on record. The materials on record clearly show that the complainant is the registered owner of the Tractor having Regd. No. WB-41G-7370, Model No. Sonalika D1 35 RX, Engine No. 3100FLS33K382213F2 and Chassis No. CYASV384751S3 and said Tractor was covered under the insurance policy being No. 915106003863730000 of the O.P. No. 2 through the O.P. No. 1 for the period from 08.09.2014 to 07.09.2015 and subsequently said policy was renewed having New Policy No. 915106003863730100, fixing I.D.V. at Rs. 4,97,763/-, for the period from 08.09.2015 to 07.09.2016. The copies of written complaint lodged in the court of Ld. C.J.M. Burdwan, formal F.I.R, orders dt. 02.03.2015, 12.12.2015, 03.02.2016 and 16.03.2016 and Charge-sheet No. 47/16 dt. 29.02.2016, show that the Tractor in question was stolen on 07.11.2015 and as per order of the Ld. C.J.M. Galsi P.S. Case No. 448 of 2015 u/s 149/379/392/34 I.P.C. was started and after completion of the investigation, S.I. Prakas Ankuria of Galsi P.S. submitted Charge Sheet u/s 379 I.P.C. against said Raju Molla showing him absconder and without recovering the Tractor in question. The copies of letter dt. 16.09.2014 along with document showing coverage of policy etc. and legal notices dt. 07.05.2016 & 12.08.2016 show that the complainant with explanation of delay, submitted filled up claim form with relevant documents on 04.07.2016 and thereafter reminders were given to the O.P. Nos. 1& 2 verbally and by sending legal notices. But till this day the O.P. Nos. 1 &2 have not settled the claim. In spite of service of notices of this case, the O.P. Nos. 1 &2 did not appear and contest this case even they have not settled the claim of the complainant till this day. In view of the above discussions, the Tractor in question has been lost by way of theft and the same has not yet been recovered. So the complainant has been suffering total value of the Insured Tractor. The copy of the policy certificate for the period from 08.09.2015 to 07.09.2016 shows that at the time of renewal of the policy, the O.P. Nos. 1 & 2 assessed the Insured Deducted Value of said Tractor at Rs. 4,97,763/-. The O.P. Nos. 1 &2 being the Insurers have liability to pay such amount to the complainant to compensate his loss. In spite of getting opportunities, the O.P. Nos. 1 & 2 did not compensate the complainant by settelling the claim of the complainant and causing mental pain, agony and harassment and forcing him to come before this Forum for reliefs. So the O.P. Nos. 1 & 2 have also liability to pay compensation and litigation cost to the complainant. Considering the fact and circumstances of this case, we are of the opinion that Rs. 10,000/- and Rs. 2,000/- as compensation and as litigation cost respectively, shall meet the ends of justice.
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In view of the above the case succeeds.
Fees paid is correct.
Hence, it is
Ordered
that this C.C. Case No. 177of 2016 is allowed ex parte against the O.P. Nos. 1&2. Accordingly
the complainant do get an award directing O.P. Nos. 1 & 2 jointly or severally to pay Rs. 4,97,763/- with interest @ 9% p.a. on such amount from the date of filing of this complaint up to the date of realization, to pay Rs. 10,000/- as compensation and to pay Rs. 2,000/- as litigation cost to the complainant within 45 days from this day failing which the complainant will be at liberty to put this award in execution in accordance with law.
(Asoke Kr. Mandal)
Dictated and corrected by me, President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Pankaj Kumar Sinha)
Member
D.C.D.R.F., Burdwan
