In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 430 / 2009.
1) M/s. Time and Space Haulers,
Represented by its Partner Sri Alok Agarwal & Sri Basant Kr. Agarwal,
19, Waston Street, Kolkata-700013. ---------- Complainant
---Versus---
1) M/s. Reliance General Insurance Co. Ltd.,
38-B, J.L. Nehru Road, (5th Floor), Kolkata-700071. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 2 1 Dated 16/02/2012 .
The petition of complaint u/s 12 of the C.P. Act has been filed by Sri Alok Kr. Agarwal against o.p. the Reliance General Insurance Co. Ltd. for repudiation of his insurance claim.
The facts of the case in brief are that the complainant, engaged in the business of carrying goods. Obtained insurance police no.1501782334002964 for his Truck van no.WB-03/B-9045, with the o.p.
During the valid policy period 16.6.09 the truck met with an accident and suffered damage. The matter was brought to the notice of the o.p. and subsequently relevant papers was submitted. As per instruction of the o.p. the truck was sent to a garage approved by the o.p. and also the loss was assessed by Surveyor. Said garage submitted a bill of Rs. 1,32,056/- and the complainant claimed Rs. 1,32,056/- from the o.p. But by a letter dt,.27.07.09 o.p. repudiated the claim on the ground that the driver of the vehicle has no valid license on t he date of accident. The complainant claims that the license was valid on the date of accident. He had to pay the entire repair cost. Complainant pursed constantly & sent Advocate’s letter but in vain.
Being aggrieved the complainant has filed the instant petition with a prayer for direction upon the o.p. towards:
i) payment of Rs.1,32,056/- as salvage value of the vehicle,
ii) payment of Rs.20,000/- as compensation for harassment and mental agony,
iii) payment of Rs.15,000/- as litigation cost,
iv) payment of an interest of Rs.1500/-.
Decision with reasons:-
We have perused evidences and BNA with other documents adduced by the complainant and have heard the argument advanced by the ld. counsels for the parties.
In the w/v the o.p. has categorically denied and disputed all the material allegation made out in the petition of complaint. Even the o.p. denies that any accident occurred and the car was sent to garage with their approval. They noticed during verification that the driver of the car at the material time had no valid licence.
The o.ps. in their w/v the o.p. contended that no accident occured. But the repudiation was made on another ground questioning the validity of the driving license. The complainant claims that the said licence was valid and supporting papers have been furnished. But the o.p. declined to accept the validity.
It is very likely that when the accident was reported to the o.p. the o.p. appointed Surveyor. But no report of the Surveyor has been furnished by the o.p.
We are not going to the dispute regarding the validity of the driving licence at the time of accident. For the sake of argument if we presume that the driver had no valid licence we are no hesitation that the vehicle was being driven by a registered driver who is a capable of driving. Therefore we do not find any correlation between the driving licence and the accident while the vehicle was being driven by one who has crossed the test for obtaining driving licence and has been driving cars regularly. The insurance company is not only for realizing premium.
In view of the facts and circumstances and the evidences on record we are of the opinion that there is deficiency of service coupled with unfair trade practice on the part of the o.p. the service provider and the complainant who is a definitely a consumer is entitled to get relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.p. with cost.
The o.p. is directed to settle the claim of the complainant by paying the complainant a sum of Rs.1,32,056/- (Rupees one lakh forty thousand) only within 45 days from the date of communication of this order.
The o.p. is also directed to pay to the complainant a sum of Rs.10,000/- (Rupees ten thousand) only for his harassment and mental agony and a further sum of Rs.5000/- (Rupees five thousand) only as litigation cost within the time specified above, failing which the entire sum of Rs.1,47,056/- (Rupees one lakh forty seven thousand fifty six) only will carry an interest of 9% p.a. till realization.
Supply certified copy of this order to the parties.
_____Sd-_____ ____Sd-______
MEMBER PRESIDENT
