JUDGEMENT.

DATED :22-04-2015.

It is a complaint case for deficiency of service.

The case of the Complainant, in short, is that Complainants are the joint owner of a vehicle (Passenger Bus), registered by the Motor Vehicle Department bearing Registration No.WB 55-2081 dated 31-05-1999.  As per law the Complainants took a insurance policy bearing no.150402/31/13/6365000598 complying all the formalities from the O.P. no.1 through O.P. no.2 for a period from 27-04-2013 to the midnight of 26-04-2014.

The said Bus used to ply between Santaldihi to Mukutmanipur via Raghunathpur, Jantipahari, Bankura, Khatra, etc. on regular basis. 

While within the period of coverage the said vehicle caught fire on 04-04-2014 at 6-45 p.m., while parking at a safe zone at Santaldihi Local Bus Stand under Santaldihi P. S. the said vehicle was burnt to a skeleton due to said fire and ultimately Fire Brigade with the help of the local people could put out the flames and take control over the ignition.  The cause of the ignition could not be ascertained by the Fire Brigade Department and a certificate in this effect was issued by the department.  The incident was reported to the Santaldihi P.S. vide G.D.E. no.182 dated 04-04-2014.  

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                 Consumer  Complaint No.167 of  2014.

The Complainant no.1 duly intimated the said accident and the damages of the vehicle to the O.Ps. on 07-04-2014 and also lodge their insurance claim to the O.Ps.

In response to the claim of the Complainant, O.Ps. appointed Surveyor as well as Investigator to assess the quantum of loss.  As the said vehicle was totally burnt, The Registering Authority i.e. R.T.A. Purulia issued a scrap order for the said burnt vehicle and accordingly the Complainants made a prayer to the O.Ps. for selling of the Bus but O.Ps. shifted the liabilities of sale upon the Complainant and agreed to pay the balance insured amount.  As per advice of the O.Ps. the Complainants sold out the scrap of the said vehicle for Rs.52,000/-. 

After verifying all the documents by the O.Ps. the Complainants were invited for settlement and accordingly both the Complainants and the O.Ps. reached to a settlement and no issue denying the due claim of the Complainants was raised by the O.Ps. until them.  But all on a sudden on 30-09-2014 the O.P. no.2 sent a letter to the Complainant no.1 with the intimation that they were closing the file as No Claim showing reason that the Driving License of the Driver of the said vehicle was not valid.   The Complainants sent a letter through their Ld. Advocate explaining the non involvement of the said driver of the Bus to the said accident.  Unfortunately, the O.Ps. paid no heed to the request of the Complainants and for this the Complainants has filed this case for a direction upon the O.Ps. to pay full insured amount i.e. Rs.3,00,000 – 52,000 (Sale Proceed of the scrap of the said vehicle) = 2,48,000/- only together with interest @ 12% p.a.  and Rs.1,00,000/- only as Compensation for trouble, mental agony and harassment.  Also direction upon the O.Ps. to pay Rs.10,000/- only as litigation cost. 

After service of notice O.Ps. did not appear before the Hon’ble Forum.  Accordingly, the case is heard exparte.  The Complainants has made same submission as stated in the petition of complaint.  The Complainants also filed a written notes of argument and submits the same as stated in the petition but cited a judgment passed by the Hon’ble Supreme Court of India, 2013 (4) CPR 601 (SC) in support of his submissions. 

After going through the petition of the Complainants, and other related documents available to us and in absence of any contrary evidence or documents, we find, that the Complainants have been able to prove their case and they are

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Consumer  Complaint No.167 of  2014.

entitled to get their relief as prayed for.

       Accordingly, the case is maintainable and it should be allowed.

In result, the complaint succeeds.

Hence, it is

                                                                        Ordered

That the Complaint Case no.167 of 2014 is allowed exparte against the O.Ps. with Cost of Rs.2,000/- only.

That the Complainants are entitled to get Rs.2,48,000/- only as insurance claim and Rs.10,000/- only as Compensation for mental agony and financial trouble caused by the O.Ps.

That the O.Ps. are hereby directed to pay Rs.2,60,000/- only in total (Rs.2,000/- only as Cost + Rs.2,48,000/- only as Insurance claim + Rs.10,000/- only as Compensation) to the Complainants within two (2) months from the date of this order failing which interest @ 9% p.a. will accrue on the said decreetal amount from the date of this Judgement till realization.

Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

                           (A. AGNIHOTRI)                                                 (L. N. CHATTOPADHYAY)              

                                 Ld. Member                                                             President-in-charge                                 

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