In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   139 / 2010.

1)                   Ms. Kakuli Paul,

204, Rajdanga Main Road, Sagarika apartment,

1^st Floor, P.S. Kasba, Kolkata-700107.                                                    ---------- Complainant

---Versus---

1)                   National Insurance Company Limited,

3, Middleton Street, Kolkata-700071.     

2)                   Senior Divisional Manager, National Insurance Co. Ltd.,

Kolkata Divisional Office No. XV, National Insurance Building,

8, India Exchange Place, Kolkata-700001.                                              ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

                        Dr. A. B. Chakraborty, Member

Order No.  1 9     Dated  1 9 / 0 3 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Ms Kakuli Paul against the o.ps. National Insurance Co. Ltd. The case of the complainant in short is that complainant got the car no.WB 24C-7148 insured with o.ps. for an amount of Rs.4,25,000/- and also was valid from 30.7.07 to 29.7.08 after payment of last premium of Rs.13,890/-. On 18.8.07 complainant instructed his driver Surindra Saha Roy to bring her relative from airport and the driver took away the car for the airport, but ultimately did not return back to complainant. Due to some family hazard and the death of his father on 23.12.07 complainant lodged complaint on 29.12.07 before Kasba P.S. 24 Pgs (South) and police submitted final report on 30.1.08 u/s 407 IPC and stolen car could not be recovered. On 10.1.08 complainant lodged a claim for Rs.4,25,000/- before o.ps. but o.p. no.2 vide letter dt.8.8.08 repudiated the claim on the ground that both FIR and intimation of theft was recorded after 4-5 months respectively which resulted in no chance of inquiry of recovery of the stolen car. It reveals from the petition of complaint that as against such repudiation of the claim complainant referred a Writ Petition before the Hon’ble High Court, Kolkata and Hon’ble Court was pleased to reject the Writ Petition filed by complainant in this regard without any order as to cost. Hence the case.

          O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:

          We have gone through the pleadings of the parties, evidence and documents in particular. It appears from the record particularly petition of complaint the car was taken away by the driver Surindra Saha Roy on 18.8.07 and complainant lodged FIR with Kasba P.S. on 29.12.07 and complainant assigned reason for delay in lodging FIR in his petition of complaint, but the explanation does not seem to be satisfactory to us since a valuable car was found missing and a prudent person will lodge FIR after lapse of almost 4 months is a matter hard to believe and repudiation by o.ps. is quite justified. The action on the part of complainant is mentioned above leaves room for doubt and to the genuineness of the alleged commission of theft of the car. Therefore, we find and hold that this is not a proper and fit case to extent relief as prayed for by complainant. As such, complainant is not entitled to relief as prayed for.              

          Hence, ordered,                                                                  

          That the petition of complaint stands dismissed on contest without cost.

          Supply certified copy of this order to the parties.

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     MEMBER                            MEMBER                        PRESIDENT