MR. BIBEKANANDA DAS, MEMBER:-       

                       The C.C. Case No. 72/2019 filed in 2019 & the Ops are noticed on dt 17.01.2020 which was sufficient & the complainant filed tracking consignment number, the noticed delivered. Non-appeared on behalf of OpNo.1, Maa Tarini Automobiles. The OpNo.2 appeared through Ld. Advocate Md. Nayeem and filed written version. We are setting Op No.1 ex-parte due to non appearance.

Brief Facts:-

                        Complainant purchased Mahindra Centuro Motor Cycle bearing Regd. No.OD-29-D-2052, Engn. No. UPE-GA032405 from Op No.1( Maa Tarini Automobiles, Dhuria, Kendrapara) which was insured with OpNo.2 IFFCO-TOKIO GIC Ltd. Validity 21.102016 to 20.10.2017 covered both 1^st party & 3^rd party coverage. The vehicle faced accident on dt. 03.08.2017, Police case registered at Nischintokoile Police Station and vehicle was damaged. The Op No.2 did not settled the damaged  own vehicle repairing cost but settled third party damage under MACT in Lok Adalat. The Op No.2 insurer did not settle owner vehicle damage cost subsequently the Complainant paid Rs. 20,000/- as repaired expenses to the Op No.1 himself. Therefore the OpNo.2 committed deficiency in service for non-settlement of claim of own damage of the complainant’s vehicle prayed for settlement with other consequential damages.

For better adjudication we framed the following issues-

1. Whether the Complainant is a consumer under C.P.Act, 2019?
2. Whether the C.C.Case has been filed within prescribed period of limitation under the C.P.Act,2019?
3. Whether the OpNo.2 deficient in service?
4. Whether the Complainant entitled to any relief claimed?
5. What relief admissible by this Commission?

Issue No.1-

          The Complainant being a insured person of his vehicle under general insurance is a consumer when he paid premium which was a consideration for service of insurance under Sec-2(7)(II). The Complainant filed complaint under Sec-2(6)(II) of C.P.Act, 2019 where he hired services which suffer from deficiency.

Issue No.2-

          The vehicle met with an accident on03/08/2017 and severely sustained injury by this person and police case was registered and so also 3^rd party damages caused by said vehicular accident. Further the OpNo.2 told to settle the claim within one year. The Complainant waited to the response of OpNo.2 and further the Complainant recovered from long suffering, therefore the delay occurred nearly for 3 months unintentional and without latches of the Complainant .Therefore the same delay condoned by this Commission by exercising its  jurisdiction so vested. Though the Ops are setting ex-parte, this Commission condoned the delay by its discretional power.

Issue No.3-

              Service as per the language prescribed under U/S-2(42) of C.P.Act, 2019 wherein service include insurance. Non settlement of claim for damage of Complainant’s vehicle when there was a comprehensive policy is a deficiency in service by OpNo.2 as prescribed under Sec-2(II) of C.P.Act, 2019.

Issue No.4-

               Though the OpNo.2 settled 3^rd party claim in MACT case but couldn’t settled damage caused to the Complainant’s vehicle as per the policy of the Insurance, the Op No.2 liable to indemnify  to the owner as well as the 3^rd party damage. The Complainant filed before OpNo.2 all the relevant materials i.e, DL of driver, RC Book, insurance policy, copy of F.I.R, and so also damage expenses report of OpNo.1 & the same attended by OpNo.2 to pay necessary expenses paid by Complainant. So the OpNo.2 liable to pay the total repaired expenses of Rs. 9610/- with other consequential damages.

Issue No.5-

                 This Commission taking into all the facts and circumstances involved in this case, it is desirable that the Complainant is entitled to repaired expenses Rs. Rs. 9610/- as per survey report with @9% interest P.A. The Complainant entitled Rs. 5,000/- for mental agony  & harassment undergone for  last 3 years with Rs. 1,000/- as litigation expenses which this Commission deem fit & proper.       

                                                            ORDER

                It is directed that the Op No.2 shall pay Rs.9610/- as per survey report with @9% interest P.A. for repairing expenses, Rs. 5,000/- for mental agony & harassment undergone by the Complainant and Rs. 1000/- for cost of litigation from the date of filing of this C.C.Case i.e. from dt. 27.12.2019 alongwith @9% interest P.A. till its realization. The Op No.2 further directed to carryout this order within a period of one month from the date of receipt of the order, failing which the Complainant is at liberty to proceed for execution as per C.P.Act,2019. The C.C.Case is allowed.

                         Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Commission, on this the 28th day of December,2022.             

        I agree

          Sd/-                                            Sd/-

                           PRESIDENT                                MEMBER