IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/ 97/2014.
Date of Filing: 16.07.2014. Date of Final Order: 25.08.2015.
Complainant: Hannan Biswas, S/O Late Rahim Box Biswas. Vill.&P.O. Patikabari, P.S. Nowda,
Dist. Murshidabad.
Vs
Opposite Party: Manager, Magma H.D.I. General Insurance Co. Ltd.,
Magma House, 24, Park Street, Kolkata-700016.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya,Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of the C.P. Act, 1986 praying for Rs.60, 000/- towards damage of insured truck due to accident plus Rs. 20,000/- as compensation for mental pain and agony.
The complainant’s case, in brief, is that the complainant’s Truck bearing No. WB-57/9781 had policy with the OP-Insurance Co. met within incident on 19.12.13 as a result it was damaged and the same was informed to the OP and this complaint No. is 10006159. The OP did not pay any compensation to the complaint in spite of survey of the damaged Truck by the appointed Surveyor. The complaint sent all the relevant documents to the OP in support of his claim but no result. Then, the complainant has filed this complaint. Hence, the instant complaint.
The written version filed by the OP, in brief, is that the complaint had insurance policy in respect of his Truck bearing No. WB-57/9781 under ‘Commercial Vehicle Class (CVC) Package Policy” which covers own damage claim and liability to third party. In case of own damage claim NCB is to be 50% if not received any claim in the previous policy period. The claim application as furnished by the complainant is not correct rather contrary to the real facts. The OP took steps immediate after lodging formal complaint with them for settlement by appointing surveyor. There is no deficiency in service on the part of the OP. The complainant filed incorrect information regarding NCB and it is undertaken by the complainant that if his declaration regarding NCB is found incorrect then all benefits under the policy will stand forfeited and for that the claim of the complainant was repudiated by the OP-Insurance Co. The complainant is not entitled to get any relief for violation of terms and conditions of the policy. Hence, the instant written version.
Considering the pleadings of both parties the following points have been framed the disposal of the case.
Points for consideration.
- Whether the case is maintainable either in law or on fact?
- Whether there is any cause of action to file the present case?
- Whether the complainant is entitled to get the relief as prayed for?
- To what other relief/relief the complainant is entitled to get?
Decision with reasons.
Point Nos. 1 to 4.
All the points are taken up together for the sake of convenience.
The complainant has prayed for insurance claim of Rs.60, 000/- for the cost of repair of damaged car due to accident took place on 19.12.13 plus compensation of Rs.20, 000/- due to harassment.
On the other hand, the OP’s case is that the insurance claim of the complaint was repudiated by the OP-Insurance Company due to suppression of material facts and violation of terms of policy and for that the complainant is not entitled to get any relief.
To prove the complainant’s case the complainant has filed his evidence on affidavit and the relevant documents.
On the other hand, the OP has filed the relevant documents in support of his case.
The complainant has claimed Rs.60, 000/- plus compensation of Rs.20, 000/- for the damage sustained by the insured car.
From the impugned Insurance Policy the vehicle IDV is Rs.3.5 lacs where it is mentioned that the Insurer is entitled to get No Claim Bonus (N.C.B) and the percentage for the same is 50%.
The ld. lawyer for the OP Insurance Co. has advanced argument that no claim bonus was taken by the complainant for previous policy and agreement being based on wrong statement, the agreement is not valid.
He has also argued that the policy being a continued policy for suppression of no claim bonus, the complainant’s claim will be forfeited.
On the other hand, the ld. lawyer for the complainant has advanced argument that the argument advanced by the ld. lawyer for the OP-Insurance Co. is not mentioned in the written version of the OP.
He has argued that notice intimating repudiation and the same has been rescinded is to be proved.
He has also argued that in para-10 of the written version there is averment that after receiving the claim petition from the complainant the OP took steps for settlement by appointing surveyor to assess the actual loss due to damage of the vehicle.
In para-13 of the Written version there is averment that the case of own damage claim NCB is to be 50% if not received any claim in the previous period.
In this case admittedly, the IDV of the policy is Rs.3.5 lacs and in this case the claim for loss due to damage is Rs.60,000/- and this amount is much less than 50% of the policy amount.
Further, the OP has not filed surveyor report though it is the admitted case of the OP that the OP appointed Surveyor to assess loss due to damage of the vehicle.
Where the complainant has filed the relevant vouchers to justify the actual cost of damages of the vehicle in question which come to Rs.58, 192/-.
There is no cogent evidence or document as well as surveyor report from the side of the OP has been filed to rebut the same.
Considering the above discussions we find that all these points be disposed of in favour of the complainant in part and as such the complainant is entitled to get Rs.58,192/- plus Rs.2,000/- towards compensation for mental pain and agony.
Hence,
Ordered
that the Consumer Complaint No. 97/2014 be and the same is hereby allowed on contest in part against the OP Insurance Company.
The OP is directed to pay Rs. 58,192/- plus Rs.2,000/- towards compensation for mental pain and agony to the complainant within two months from the date of this order, failing which the OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
