The fact of the case as revealed from the petition of complainant as well as from the evidence is that the complainant/petitioner purchased a tractor from national sales, the authorized dealer of Swaraj Tractor. Having its Branch Office at Siliguri More, Raiganj, Uttar Dinajpur. The total purchased value of the tractor was settled at Rs.8,60,000/- including the registration charges as mentioned the petition. It is revealed that at the time of purchase the marketing Executive of Magma General Insurance Company Ltd. and MAGMA FINCOP Ltd. was present at the particular Branch Office. The complainant made payment of Rs.1,50,000/- and the MAGMA FINCORP Ltd. paid Rs.5,50,000/- and the remaining Rs.1,60,000/- was paid by the client National Sales services with in a short time as it appears from the petition. It is revealed that the petitioner is an illiterate, village  rustic person and believing the assurance of Marketing Executive, he availed that assistant accordingly he paid the insurance charges and other charges. It is also paid his dues to Swaraj Tractor and Magma. As soon as he paid the money. He received Insurance copy and other documents of the tractor from the Branch Office of National Sales Siliguri More, at Raiganj. The Insurance Policy was valid from 06/10/15 to 05/10/16 and the vehicle was registered bearing registration no WB59B/3709. The said vehicle met with an accident on 15/7/16 and due to the such accident the vehicle was badly damage. After the accident the complainant informed the matter to the O.P and also lodged a written complaint before the O.C Itahar Police Station. There after the complaint put the damaged vehicle to National Sales that is O.P No. 3 for repairing. Before repairing the vehicle the surveyor, of the O.P inspected the vehicle. As per instruction of the surveyor, the vehicle was repaired for which the National Sales charged Rs.2,27,389.85/- and petitioner accordingly paid the amount to National Sales. The petitioner waiting for a long time for payment.  The OP Company lastly in last part of September, 2017, Rs.87,650/- was credited to the bank account of the complainant. Knowing such fact of less amount the complaint became perplexed and again he requested the official of the O.P to make payment the actual expenses which was in cover by him for repairing of the vehicle but all the request of the complainant were in vain there after the complaint send a lawyers letter on 25.11.2016 requesting to make payment of Rs.1,39,739.85/-. But there was no result as such the complaint was force to file the instant case payment Rs.1,39,739.85P. for the repairing cost of the vehicle Rs.10,000/- as litigation cost and Rs.30,000/- as compensation for mental pain and agony.

 The petition has been contested by the O.P No 1 and 2 by filling the written version denying all the material allegation as leveled against the O.P No 1 and 2 contending inter alia that the petition is not maintainable as per law and fact. The definite defense case is that as per surveyor’s report the O.P company handed over the amount of Rs.87650/- to the complaint. But the complainant inconvenience with National Sales demanding amount of Rs.1,39,739.85P. For his wrongly gain. As such there was no deficiency of service and unfair trade practice upon the complainant by the O.P, as such the instant case is liable to the dismissed. During trial the complaint was examination Md. Israil as PW1 and he was cross examination. On behalf of the Op’s Shri Jayanta Dhar is examined as OPW 1 the report of surveyor is mentioned exhibit A series. No other witness were examined.

                                          DECISION WITH REASONS

There is no dispute that the complaint is the owner of the vehicle in question and there was an accident and the vehicle was initially with OP No 1 at the time of accident and the driver had the valid license at the time of accident, as it appears from the surveyor’s report. Now the main point comes to consideration whether claimant is entitled to get any excess amount. In this regard  Learned Lawyer for the OP submits that the report of the surveyor is very vital and can be accepted unless it is disproved. In this regard Learned Lawyerof the op submitted that the report of the surveyor is well established important and substantial pieces of evidence. In respect of damage of vehicle unless and until such report is supported by any controvered  by an cogent reason. In this regard the Learned Lawyer of the OP filed the two case laws reports (1). Mrs. Krishna Enterprise vs Bijoy Ali General Insurance Company Limited in case law National Insurance Company vs Mr. Jayanta Dhar. Both the case laws were disposed of the National Consumer Dispute Redressal Commission. On the other hand the Learned Lawyer for the complainant submitted at the time of survey complainant handed over all the documents of the bills and vouchers to the surveyor and such fact was admitted and by OP No 1 In his cross examination. He received the bills and vouchers of National Sales Service’s for the repairers of the other vehicle. The Learned Lawyer of the complainant refers the case law reported in 2009(7) SCC 787 New India Assurance Company vs Pradeep Kumar citation 2009 Law suit (SCC) 1035 on perusal of the case law. It is found that surveyor report may be the basis of the foundation for settlement of clamant by initially in respect of loss suffered by the insurance. But such survey such report is neither binding upon the insured. Nor the insurer for the instant case it is found that the complaint submitted all the bills and vouchers to the surveyor. It is not understand why he did not mention such fact in the report. He admitted that he received all bills and vouchers. The surveyor’s is not last and final word. So the case law submitted by the Learned Lawyer of the clamant is

applicable for the instant case. On considering facts and circumstances the complaint entitled to compensation as prayed for.

Fees Paid is corrected.

Hence, it is,

ORDERED

That the complaint case being No. CC-06/2017 be and the same is allowed on contest against the OP’s but without any cost.

The complainant gets Rs.139739.85P. for the cost of repair of the vehicle. The complainant also gets Rs.10,000/- as litigation cost and Rs.15,000/- for mental pain and agony. The total amount comes to Rs.1,64,739.85P. The OP’s are directed  to pay the amount by an  account payee check within 0ne month from the date of order failing which it will carry any interest the rate of 5% per annum from the date of default of payment till recovery.

If the amount is not paid  within the time mentioned the complainant will have the liberty to execute the order for recovery of the amount as per provision of law.

Let a copy of this order the supply to the parties free of cost.