In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.84/2011
1) Ashok Kumar Gupta,
C/o. Steel Poles Corporation,
21, Rabindra Sarani, 1st Floor,
Room no.114 & 115, Kolkata-72. ---------- Complainant
---Versus---
1) Reliance General Insurance Co. Ltd.,
Reliance House, 34, Jawaharlal Nehru Road (5th Floor),
Kolkata-71, P.S. Park Street. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 22 Dated 06-06-2013.
The case of the complainant in short is that complainant purchased for personal use a Hyundai Passenger Car, Model Getz GLS, bearing regn no.WB-02-W1735 dt.26.7.06, vehicle class LMV bearing engine no.G4EA6MI-56598 chassis no.MALBU 51 HR 6MO 29300G from Mukesh Hyundai of Malayalay Building of 3, Bibhabati Bose Sarani (Woodburn Park Road), Kolkata-20, under finance by and hypothecated to Kotak Mahindra Primus Ltd. vide invoice no.H200602438 dt.25.7.06 at a total cost of Rs.4,63,363/-.
Complainant’s vehicle was duly insured by o.p. from the issuing office at Poddar Court, Gate no.3, 18, Rabindra Sarani, 7th Floor, Kolkata-1 from 27.7.07 to 26.7.08 vide policy no.15011723110-95800 upon payment of premium as applicable and as such, complainant is a consumer of the o.p. under the provisions of the C.P. Act, 1986.
Unfortunately on 26.12.07 at about 10 p.m. the complainant who held a valid driving license bearing no.WB01086740 issued on 27.9.1976 valid upto 16.11.08 and subsequently renewed as WB011976649477 dt.27.9.1976 and valid upto 16.11.13 by the concerned licensing authority at Kolkata and who during the aforesaid vehicle was covered under insurance by o.p. met with an accident at Balasore (Orissa) on his way from Kolkata to Paradeep (Orissa) on NH-60 near village Odangi. In the process, not only the complainant sustained serious injuries, but the aforesaid vehicle also suffered from heavy damage although no third party was insured in the process. The complainant received necessary medical treatment and the fact relating to the aforesaid accident was also diarised at Haldipada out-post vide CDE no.438 dt.27.12.07.
After the accident, the complainant’s aforesaid vehicle was brought to the nearest Hyundai Service Center viz. Green Filed Enterprise at 31A, Ganashwarpur Industrial Estate, Balasore, Orissa for carrying out of necessary repairs at a total cost of Rs.3,10,228/-.
After occurrence of the aforesaid accident, the complainant’s damaged vehicle was also inspected by the authorized agent of the o.p. who duly forwarded his inspection report to the o.p. upon completion of inspection. Furthermore, Green Field Enterprises also vide their letter dt.23.12.08 forwarded to the complainant the photo copies of their bill is relating to repair work undertaken by them of the complainant’s vehicle to the o.p’s surveyor who had carried out necessary inspection of the complainant’s vehicle and submitted his report.
Thereafter, the complainant received delivery of the vehicle from Green Field Enterprise on 30.7.08 upon completion of necessary repairs and payment of Rs.3,10,228/- as aforesaid whereafter relevant documents received by the complainant relating to the aforesaid amount of Rs.3,10,228/-.
The complainant thereupon vide his letter dt.20.12.08 requested the licensing authority of the Motor Vehicle Deptt. West Bengal at 38, Beltola Road, Kolkata-20, for renewal of the self same driving license (allegedly informed as non-genuine by o.p.), whereupon the said driving license of the complainant was renewed and made valid upto 16.11.13 vide memo no.WB-01/DLX/3081/2009 dt.21.1.09. So had the complainant’s driving license not been genuine one as alleged by o.p. the same would never have been renewed and made valid upto 16.11.13 at all. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant purchased for personal use a Hyundai Passenger Car, Model Getz GLS, bearing regn no.WB-02-W1735 dt.26.7.06, vehicle class LMV bearing engine no.G4EA6MI-56598 chassis no.MALBU 51 HR 6MO 29300G from Mukesh Hyundai of Malayalay Building of 3, Bibhabati Bose Sarani (Woodburn Park Road), Kolkata-20, under finance by and hypothecated to Kotak Mahindra Primus Ltd. vide invoice no.H200602438 dt.25.7.06 at a total cost of Rs.4,63,363/-.
We further find that complainant’s vehicle was duly insured by o.p. from the issuing office at Poddar Court, Gate no.3, 18, Rabindra Sarani, 7th Floor, Kolkata-1 from 27.7.07 to 26.7.08 vide policy no.15011723110-95800 upon payment of premium as applicable and as such, complainant is a consumer of the o.p. under the provisions of the C.P. Act, 1986.
It is seen from the record that unfortunately on 26.12.07 at about 10 p.m. the complainant who held a valid driving license bearing no.WB01086740 issued o 27.9.1976 valid upto 16.11.08 and subsequently renewed as WB011976649477 dt.27.9.1976 and valid upto 16.11.13 by the concerned licensing authority at Kolkata and who during the aforesaid vehicle was covered under insurance by o.p. met with an accident at Balasore (Orissa) on his way from Kolkata to Paradeep (Orissa) on NH-60 near village Odangi. In the process, not only the complainant sustained serious injuries, but the aforesaid vehicle also suffered heavy damage although no third party was insured in the process. The complainant received necessary medical treatment and the fact relating to the aforesaid accident was also diarised at Haldipada out-post vide CDE no.438 dt.27.12.07.
It is also seen that after the accident, the complainant’s aforesaid vehicle was brought to the nearest Hyundai Service Center viz. Green Filed Enterprise at 31A, Ganashwarpur Industrial Estate, Balasore, Orissa for carrying out of necessary repairs at a total cost of Rs.3,10,228/-.
Further case of the complainant is that after occurrence of the aforesaid accident, the complainant’s damaged vehicle was also inspected by the authorized agent of the o.p. who duly forwarded his inspection report to the o.p. upon completion of inspection. Furthermore, Green Field Enterprises also vide their letter dt.23.12.08 forwarded to the complainant the photo copies of their bill is relating to repair work undertaken by them of the complainant’s vehicle to the o.p’s surveyor who had carried out necessary inspection of the complainant’s vehicle and submitted his report.
It transpires from the record that thereafter, the complainant received delivery of the vehicle from Green Field Enterprise on 30.7.08 upon completion of necessary repairs and payment of Rs.3,10,228/- as aforesaid whereafter relevant documents received by the complainant relating to the aforesaid amount of Rs.3,10,228/-.
It also transpires that the complainant thereupon vide his letter dt.20.12.08 requested the licensing authority of the Motor Vehicle Deptt. West Bengal at 38, Beltola Road, Kolkata-20, for renewal of the self same driving license (allegedly informed as non-genuine by o.p.), whereupon the said driving license of the complainant was renewed and made valid uto 16.11.13 vide memo no.WB-01/DLX/3081/2009 dt.21.1.09. So had the complainant’s driving license not been genuine one as alleged by o.p. the same would never have been renewed and made valid upto 16.11.13 at all.
In view of the discussions made above and on perusal of the entire materials on record we find that complainant filed receipt of Rs.34,000/- towards cost of repairing which o.p. is entitled to pay baring other reliefs.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant Rs.34,000/- (Rupees thirty four thousand) only towards cost of repairing and is further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
