West Bengal

Bankura

CC/2/2023

Putul Ghosh - Complainant(s)

Versus

SBI General Insurance Co Ltd - Opp.Party(s)

Ardhendu Sekhar Ghosh

10 Jan 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 02/2023

       Date of Filing:   05/01/2023

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Ardhendu Sekhar Ghosh

For the O.P.1 & 3 :  Ld. Advocate Chandi Charan Adhvaryyu / Ld. Advocate Nilanjan Dasgupta

 

Complainant  

1.Putul Ghosh w/o- Bhaktipada Ghosh, Village &  post- Mandalkuli, P/S- Raipur , Dist.- Bankura.-722134. (M) No.- 7797530324

 

Opposite Party                                                                                                                                                                                                                                                                                                                                                                                                          

 1.SBI General Insurance Co Ltd., Natraj, 301 Junction of Western Highway & Andheri Kurla Road , Andheri(East) Mumbai-400069

2.Maruti Insurance Broking Private Ltd C/O- Bhandari Automobiles Pvt Ltd ,Jhapatapur, Kharagpur-721301

3. Mahindra & Mahindra Financial Services Ltd., katjuridanga- Senco Gold Building Post, P/S & Dist- Bankura -722102

Order No.14,

Dt.10-01-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder:  

The Complainant’s case is that she is a registered owner of Private Maruti Car No. being  WB 68 AC 7662 financed by O.P.No.3, insured with O.P. No.1/Insurance Co., Policy No. being 900785112, valid from 08/02/2020 to 07/02/2023 with IDB value for the 1^st  year Rs.3,98,796/-. On 20/01/2021 the said vehicle was stolen from Old Court Area within the jurisdiction of Sakchi, District-Jamshedpur and following the incident FIR was lodged No. being Sakchi P.S. Case No.20/2021, dated: 23/01/2021 u/s 379 IPC. The incident was duly intimated to the O.P. No.1/Insurance Co. followed by claim application but the claim was not settled for the reasons best known to the Insurance Co. The Complainant has therefore approached this Commission for appropriate relief.

O.P. No.1/Insurance Co. contested the case by filing a written version contending inter alia that the claim could not be settled for non-production of requisite documents particularly the Final Police Report.

O.P. No.3/Finance Co. filed a Written Version.                                                                                          

                                                                                                                                                                               Contd……p/2     

Page: 2

                                                                                       -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that admittedly there is no dispute with regard to the theft of the vehicle of the Complainant as is evident from the F.I.R.. There is no material on record which is suggestive of any contributory fault of the Complainant for loss of the vehicle by way of theft in the manner stated in the F.I.R.  Only dispute the Ld. Advocate for the O.P. has raised  at the time of hearing is that in absence of  Final Police Report it cannot be ascertained whether the vehicle was actually stolen or not. Police investigation is still pending in the matter as reported by the parties and the O.P. No.1/Insurance Co. cannot hold on the claim settlement pending submission of Final Report. Lodging of F.I.R.  itself  prima facie shows that the vehicle of the Complainant was stolen not for her own fault and as such she is entitled to get the compensation  for the stolen vehicle subject to the condition that upon submission of Final Police Report making out the case otherwise than theft the Complainant will be bound to refund the claim amount to the O.P..

As regards quantum of compensation IDB value of the stolen vehicle as shown in the Policy may be consulted which shows that 1^st Year IDB value is Rs.3,98,796/- and the incident of theft having taken place on 20/01/2021 the 1^st Year value of the same amount should be taken into consideration for the purpose of assessment of compensation. Accordingly the Commission fixes the liability of the O.P. No.1/Insurance co. to pay to the Complainant Rs.3,98,796/- as the compensation for the stolen vehicle.

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost.

The O.P. No.1/Insurance Co. is directed to pay to the Complainant Rs.3,98,796/- as the compensation for the stolen vehicle with further compensation of Rs.50,000/- for delayed settlement of claim within one month from this date subject to the condition that the complainant will be bound to refund the decretal amount to the O.P. No.1/Insurance Co. on submission of any adverse Final Police Report.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER