Today is fixed for argument and order.
Complainant is ready through his Lawyer.
Hd. The case record is taken up for order.
The case and evidence of the complainant is that he purchased a private car of Hyundai Motor India Ltd being Chassis No:MALFC81BLMM240713, Engine No:G4LAMM896542 by paying Rs.857600/- on 06.08.2021 vide Registration No:WB 60X 4747 & take an insurance policy from the O.Ps on payment of premium of Rs.36,086/- vide policy No:991492123740026313, for the period from 06.08.2021 to 05.08.2022, but the period of Liability cover from 06.08.2021 to 05.08.2024. When the complainant was plying the vehicle on road suddenly on 30th September, 2021 a road accident took place and vehicle was damaged, so complaint was lodged to Itahar Police Station vide Case No:-632/21 U/s 279/338 of IPC and started G.R Case No:2371/21 and police seized the vehicle which the complainant got returned by the order of the Court.
His further case and evidence is that the vehicle was taken to authorized service centre Ethereal Auto Pvt Ltd, at Narayanpur, N.H.34, Jhanjhara Chaki More, Malda and estimate provides amounting to Rs.1,84,972/- and the complainant informed it to the O.P/Insurance Company who engaged panel Investigator for ascertaining the actual cost of repairing the damaged vehicle and he claimed the damaged cost from O.P/Insurance Company by submitting bills, vouchers and other necessary documents relating to the accident and after receiving the same O.P/Insurance Company disbursed Rs.1,18,988/- only to the Financer without any basis. He thus claimed remaining cost of Rs.65,984/- which was paid by him at the time of releasing the vehicle by the authorized Service Centre .
On perusal of the oral evidence and documents we are of the opinion that the complainant is able to prove his case, thus he is entitled to get Rs.65,984/- as remaining cost of repairing charge. We find no negligent act on the part of O.P/Insurance Company so it is held that the complainant is not entitled to get compensation and/or litigation cost as prayed for.
Hence, it is
O r d e r e d
that C.C-33/2022 be and the same is allowed ex-parte without any cost.
We do direct O.P/Insurance Company to pay Rs.65,984/- to the complainant within one month from the date of order, failing which it shall carry interest @6% pa till realization.
Let a copy of this order be given to the complainant free of cost.
