Order No.10
dt.11-3-2016
This is a complaint filed by Shri Arup Kumar Dey against M/s. Mukherjee Udyog praying for compensation of Rs.50,000/- cost of Rs.10,000/- and 40,000/- for harassment and mental agony.
In brief the facts are that on 20th June, 2015 the car of the Complainant bearing No.WB-06A-8997, met with an accident. The said car was covered under the private car package policy issued by Oriental Insurance Company. It was also insured by Life Insurance Corporation of India. The Complainant at the relevant time was posted as Assistant Branch Manager(S), L.I.C.I.CAB-I(505) and he was the beneficiary of the said car. Complainant as per terms of the policy made representation for Motor Vehicle Claim before the Divisional Manager, The Oriental Insurance Company Limited. On 06-06-2015, the Oriental Insurance Company Ltd. appointed one Shri Pranab Kumar Das as surveyor. As per his advice Complainant send the damage car to the garage for repairing.
Complainant took the said damaged car to M/s. Mukherjee Udyog the OP at Chetla Road, Kolkata-700 053 on 24-06-2015. Mr. Kanchan Mukherjee agreed to do the repair work and also agreed to issue bills at per work order of the Insurance Company.
On 04-07-2015 at about 3.30 p.m. when the Complainant went to M/s. Mukherjee Udyog for taking delivery of the said car, he found that as per work order M/s. Mukherjee Udyog did not replace the defective parts of the said car. The said Kanchan Mukherjee without issuing any bills forced to make payment of Rs.30,000/- . Thereafter, Complainant asked Shri Kanchan Mukherjee to clarify the demanded amount of Rs.30,000/- but he refused.Under compelling circumstances, Complainant paid Rs.30,000/-. M/s. Mukherjee Udyog did not issue any bill. Thereafter, Complainant made a representation through speed post. On 08-07-2015 Complainant informed the Commercial Tax Officer, Bekiaghata, Kolkata about the conduct of M/s. Mukherjee Udyog.
Due to absence of the said bills Complainant is unable to submit his claim before the Insurance Company and as a result the genuine claim was rejected by the Insurance Company. OP took payment but did not issue any bill which is deficiency of service and unfair trade practice. The cause of action arose on 04-07-2015 and still continuing.
On the basis of above facts this Forum admitted the complaint. Thereafter, OP No.1 filed written version. After that Complainant filed affidavit-in-chief and date was fixed for filing questionnaire by the OP but he did not file and so the defence of M/s. Mukherjee Udyog was struck off and date was fixed for argument.
On perusal of written version it appears that OP has denied the allegation of the Complainant. It is further stated that surveyor assessed the value of the insurance claim to the tune of Rs.4,650/- for service charge and Rs.3,460/- for material cost. After completion of the repairing job OP raised voice for Rs.5,301/- which was inclusive of service tax. Insurance had no tie up with the OP and so the Complainant was supposed to pay that amount from his own pocket.
Complainant requested the OP to make some renovation and repairing of the car which were beyond the insurance coverage which was to be paid by Complainant from his personal account. OP replaced defective parts, completed the jobs and raised the bill amounting to Rs.24,738/- in addition to Rs.8,761/- . So the aggregate amount was Rs.33,499/- out of which Complainant paid Rs.30,000/- and did not pay Rs.3,499/-. Complainant asked for bill covering all the expenditure but OP refused as he could not tag the insured with non insured bill under one head.
On this Complainant files this complaint. In addition OP has denied all the allegations made in the complaint and prayed for dismissal of the complaint.
Decision with reasons
Complainant has filed affidavit-in-chief and also written argument.
Main point of determination is whether the allegation which Complainant has brought in the complaint could be proved. On perusal of the affidavit-in-chief by the Complainant it appears that he has asserted the facts which he has mentioned in the complaint petition. Similarly, in his written argument he has stated that OP refused to issue the bill of Rs.30,000/- which Complainant paid to the OP.
It appears from the complaint petition and also affidavit-in-chief that the main dispute relates to non issuing of bill of Rs.30,000/- which Complainant paid. Surprisingly in the prayer portion of complaint we find that Complainant did not choose to pray for a direction upon the OP for issuance of bill of Rs.30,000/- which he admittedly paid.
It is the allegation of the OP in written version that Complainant made attempt to get the bill for the work which were not covered under insurance and also Complainant made payment of Rs.30,000/- only in place of Rs.3,499/-.Complainant was not ready to accept two bills one for work covered under insurance and other which he got done on his persuasion and which work is not covered under insurance.
Accordingly, it is clear that the basis of this complaint does not appear to be sustainable because there is no prayer for issuance of bill.
Complainant has prayed for Rs.50,000/- as compensation but he has not stated in the complaint petition as to why and what for he is entitled to compensation. Further, Complainant has paid Rs.10,000/- as cost and Rs.40,000/- for harassment and mental agony. We do not find any ground for allowing either cost of Rs.10,000/- or Rs.40,000/- for harassment and mental agony. It is because the conduct of the Complainant appears to be blameworthy on the basis of facts mentioned in the complaint as well as written version. Accordingly, we do not find any merit in this complaint.
Hence,
ORDERED
Complaint and the same is dismissed.
