Date of filing :- 18/02/2012

Date of Order :- 03/03/2015

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 12 of 2012

       Uma Shankar Pradhan, S/o Gobinda Pradhan, aged years, Resident of Attabira, Po/Ps/Tahasil- Attabira, Dist. Bargarh.                                                                                                                                                                                                   ..... ..... Complainant.  

                                                                                              - V e r s u s -

1. Manager-Cum-Officer-In-Charge, Reliance General Insurance Co. Ltd., At. Reliance Center 19, Watchand Hirachangd Marg, Bailard, Mumbai-400001.

2. Manager-Cum-Office-in-Charge, Reliance General Insurance Co. Ltd., At-38-B, Himalaya House 8^th Floor, Chowrangee Road, Kolkata, West Bengal-700071.

3. Manager-Cum-Office-in-charge, Reliance General Insurance Co. Ltd., 2^nd Floor, 5 Janapath, Unit-3, Bhubaneswar-751001.

4. Manager-Cum-Office-in-Charge, MAGMA FINCORP Ltd., At-24, Park Street Kolkata-700016.

5. Manager-Cum-Office-in-charge, MAGMA FINCORP Ltd., Ist Floor, NICS Building Gafoor Colony, In front of S.B.I. Udit Nagar, Rourkela-12, Dist. Sundargarh.

   ..... ..... Opposite Parties

Counsel for the Parties:-

For the Complainant:- Sri M.K. Satpathy, Advocate with others Advocates.

For the Opposite Party No.1(one) :- Sri A.K.Dash, Advocate with others Advocates.

to Opposite Party No.3(three)

For the Opposite Party No.4(four):- Sri A.K.Sahoo, Advocate with others Advocates.

and Opposite Party No.5(five)

-: P R E S E N T :-

Miss Rajlaxmi Pattnayak ..... ..... ..... ..... ..... ..... ..... P r e s i d e n t.

Mrs Anjali Behera ..... ..... ..... ..... ..... ..... ..... M e m b e r.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... ..... ..... M e m b e r.

Dt. 03/03/2015. -: J U D G E M E N T :-

Presented by Smt. A.Behera, Member .

Fact of the case:-

One Uma Shankar Pradhan S/o Gobinda Pradhan resident of Attabira, Po/Ps/Tahasil/Dist:- Bargarh file this Consumer Complaint against Opposite Party No. 1(one) to Opposite Party No. 5(five) as addressed and mentioned in the Complaint petition alleging deficiency of service and prays for suitable compensation. Complainant at the time of filing the case filed the following documents and relies upon then to substantiate their cause :-

1. Xerox copy of pleaders notice.

2. Xerox copy of FIR Dt 16/03/2011 including FIR form No 118 P.M. form No.26 by Saintala , PS - Bolangir.

3. A.D. Cards (2 Numbers).

Being properly noticed Opposite Parties appeared. But soon an affidavit has been filed by the Complainant withdrawing their Complaint against Opposite Party No. 4(four) and Opposite Party No. 5(five) on Dt 17/12/2012 and prayed to expunge the names of Opposite Party No. 4(four) and Opposite Party No.5(five) from the Complaint petition. This been allowed Opposite Party No. 4(four) and Opposite Party No. 5(five) has been expunged from the case on Dt 20/02/2013.

Opposite Parties No. 1(one) and Opposite Party No. 2(two) and Opposite Party No. 3(three) filed their joint version in 2^nd August 2013 denying the charges and allegations made against them in the Complaint petition and prayed to dismiss the Complaint on Dt 03/11/2014 Opposite Parties No.1(one), Opposite Party No.2(two) and Opposite Party No. 3(three) have filed few documents to establish their case.

1. Acknowledgment regarding receipt of claim amount Dt 23/03/2011.

2. Consent letter Dt 15/12/2012 of the Complainant.

3. Survey report of the surveyor.

Final hearing of the case was complete on Dt 10/02/2015 where in parties present and substantiated their respective causes. Heard the submission of each, perused the entire case records and perusal churned out a few points as following:-

1. That the insurance is admitted, happening of the accident, FIR etc admitted.

2. Repudiation has not been made by the Opposite Parties but it seems that inordinate delay has been happened to settle the claim.

3. Complainant who was contesting the case did not raised any objection to the documents filed by the Opposite Parties showing acceptance of the full and final settlement from the Opposite Parties.

4. However the documents filed by Opposite Parties particularly the affidavit of Complainant in originals were not presented before this Forum for verification and interestingly self attestation of documents were done by the Opposite Parties himself which is improper.

5. The Ist document is a vehicle repair satisfaction voucher for an sum of Rs 2,40,000/-(Rupees two lakh forty thousand)only made on Dt 23/03/2011. Now the question is if that has happened on that particular date and the Complainant was happy how he filed this complained before the forum now though Opposite Parties have said that the amount was delivered to the Complainant on Dt 26/03/2012 vide No 193193 through its financer why the copy of the cheque not been filed is a question.

6. The consent letter is made on a 100 rupee stamp paper on Dt. 15/12/2012 after long period from the accident of the vehicle and filing of the case and it speaks that the Complainant is agreed to accept the settlement amount so whether actual of payment has been completed is not disclosed.

7. As a whole Complainant did not raised any objection to this vital decisive documents and hence they are accepted by the Forum even though their authenticity is questionable, and it is assured that settlement has happened to the full satisfaction of the Complainant.

Under the circumstances discussed above Forum orders as following.

(1) The Complainant devoid of any merit and stands dismissed against Opposite Parties No.1(one), Opposite Party No.2(two) and Opposite Party No.3(three) without cost.

Disposed accordingly.

Typed to my dictation

and corrected by me.

 (Smt. Anjali Behera)

     M e m b e r.

                          I agree,                                                                I agree,

            (Miss Rajlaxmi Pattnayak)                                   ( Sri Pradeep Kumar Dash)

                     P r e s i d e n t.                                                        M e m b e r.