Complaint case No.4 of 2014
Mrs.Neinu Gante aged about 43 years,Govt.Employee
resident of Loktak Project .NHPC,Bishnupur District.
…………Complainant
-Vs-
1. The SBI,General Insurance Company Ltd.
4th Floor “B” Block Apeeloy House ,15,Park Street,
Kolkata-70016 represented by Manager Assisting
of the Office.
2. Mr. Uttam Singh, Independent Surveyor SBI, General
Insurance Company Ltd. Of Singamei Chongtham Leikai.
…………..Respondents
P R E S E N T S
SHRI.Y.BIRAMANI SINGH President,District Consumer Dispute
Redressal Forum,Bishnupur District,
Manipur
SHRI. L.RAMESWOR SINGH Member,
SMT. S. SADHANA DEVI Member,
For the Complainant L. Hemanta Singh, Advocate
For the Respondents H. Chandrakumar, Advocate.
Cont………
J U D G E M E N T AND O R D E R
22nd September2014
This is to dispose of the Consumer Complaint Case No.4 of 2014 filed by the Complainant Neinu Gante, U/S 12 of the Consumer Protection Act , 1986 for deficiency of services on the part of the respondents.
The case of the complainant in brief is that the complainant insured her vehicle Chevrolet Beat bearing Regd . No. MNO1X7776 with her respondents No.1 under policy No. 0000000000429453 for one year having its validity from 13/9/2012 to 12/9/2013 Midnight.
The said vehicle met a self road accident at Phubala Thongkhang Awang Leikai , Manipur along the way of Tiddim Road, on 5/4/2013 at about 10’45am. Thereby causing major damage the vehicle. The concerned Moirang Police took up a suo-moto case of the accident and entry in the General Diary being No. 15/Moirang P.S./2013 on the same day. Then on the next day the Complainant intimated a written claim to the respondent No.1 for reparing the same as per terms and conditions of the Insurance Policy.
On 13/4/2013 the complainant entrusted the said insured vehicle to the “Rajpri Enterprise” chinmeirong Mamang Leikai for reparing the same.
On 14/12/2013 the service manager of the Rajpri Enterprises also intimated to the respondent No.1.for confirmation of the sanction of the estimated cost of Rs.7,37,924/-(seven lakhs thirty seven thousand nine hundred twenty four) for reparing of the major damage vehicle.
The Complainant claims a sum of Rs.15,13,387/- for the lost of vehicle,mental agony for a long time , deficiency of services and cost of litigation.
The Respondents also appeared through counsel but they did not filed their written statements even though several chances has been given to them to file their written statements. Therafter , they did not turned up without any cause .Accordingly, the case was proceed ex-parte.
Heard the argument of the Ld.counsel for the complainant at length.
In support of his case the complainant produced the following documents:-
1. Claim application,
2. G.D.Copy ,
3. Policy copy of SBI General Insurance ,
4. Three Nos. of Notice copy ,
5. Reparing order ,
6. Confirmation of Insurance claims/estimated cost ,
7. R.C.Book and
8. Photographs of the damaged vehicle.
Cont………..
On perusal of the materials placed before us we are ascertained that at the time of accident the insurance policy of the insured vehicle was valid. Further the respondent No.1 failed to repair the damaged vehicle inspite of sending several intimation by the complainant and the said vehicle is still remain as it is without reparing for the last 16/17 months. During these long period the respondent No.1 did not take up any positive steps even the claims has been made.
In the result , we came to the conclusion that there is negligence and deficiency of services on the part of the respondent No.1.
Therwfore , we direct the respondent No.1 SBI , General Insurance Company Ltd. To pay a sum of Rs.12.00,000/-9twelve lakhs) being the price of the vehicle and for the lost of time for a period of 16/17 months , plus a compensation of a sum of Rs.30,000/- for deficiency of services,plus a sum of Rs.10,000/- for the cost of litigation and to refund the insurance premium amount of Rs.13,387/- to the complainant within 4(four) weeks from the date of order . Altogether the total amount of compensation which is to be paid by the respondent No.1 is Rs.12,53,387/-(twelve lakhs fifty three thousand three hundred eighty seven) only.
Further , it is also orered that the damaged vehicle should be returned to respondent No.1.
Announced.
Y. Biramani Singh , President
L . Rameshwor Singh , Member
S . Sadhana Devi , Member
District Consumer Dispute Redressal Forum,
Bishnupur District, Manipur
