DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 35 of 2018

 

 

Sri Mithun Acharjee,

S/O- Ramendra Chandra Acharjee,

Resident of North Chebri, Khowai,

P.S.-Khowai, Dist.-Khowai District, ..…..…...Complainant.

 

 

            -VERSUS-

 

The Senior Divisional Manager,

National Insurance Company Ltd.

Agartala Divisional Office,

42, Akhaura Road Agartala,

West Tripura. ..........Opposite party

 

 

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

 

 

 

 

C O U N S E L

 

 

For the Complainant : Complainant in person.

 

 

For the O.P. : Sri Rajib Saha,

  Learned Advocate. 

 

JUDGMENT  DELIVERED  ON: 12/11/2018

J U D G M E N T

 

The Complainant Sri Mithun Acharjee  set the law in motion by presenting the petition U/S-12 of the Consumer Protection Act, 1986 complaining deficiency in service by the O.P. Senior Divisional Manager, National Insurance Company Ltd., Agartala, to him.

The Complainant's case, in short, is that the Complainant is the registered owner of One Maruti Alto-800 bearing registration No.-TR-01-AK0380 which he had purchased from Sri Kanu Lal Sarkar of North Chebri, Khowai, District Khowai. On 02/04/2018 at about 06.00 P.M. when his vehicle was driven by his engaged driver Sri Srivash Rudra Paul and was returning from Udaipur it met with an accident on the way at Bishramgang. After the accident some miscreants  caused massive damage to his vehicle. His driver filed a written complaint with the O/C, Bishramgang Police Station abut the incident and that upon the complaint a case was registered with the Police Station vide Bishramgang Police Station case No.-023/2018 dated 03/04/2018. The vehicle was subsequently released from the Bishalgarh Court on bail. The Complainant has also stated in his complaint that after the accident he duly informed the matter to the O.P. Insurance Company and claimed compensation for the damage caused to his vehicle.  After waiting for some days and that on assurance made from the Insurance Company he got his vehicle repaired at his own cost. He, further stated that he thereafter visited the O.P. Insurance Company at Agartala and the later on inspection of the vehicle had recorded his name on the Insurance Policy as the registered owner of the vehicle. He demanded Rs.1,06,860/-  which comprises  repairing charge of Rs.56,860/- and compensation amount of Rs.50,000/- (Rs.56,860+Rs.50,000/-). The O.P. Insurance Company, however did not satisfy his demand and repudiated the claim raised. He thus filed the instant complaint before this Forum claiming the compensation amount stated above against the O.P.

The O.P. National Insurance Company Ltd. on receipt of notice from this Forum appeared and filed written statement denying the claim of the Complainant. It is denied by the O.P. that the Complaint's name has been reflected in the Insurance Policy as the registered Owner of the vehicle bearing No.-TR-01-AK0380. However, the O.P. has admitted that previous Owner's name Sri Kanu Lal Sarkar has been shown as the holder of the Insurance Policy against the said vehicle and that the Insurance Policy was valid at the time of the accident. More over, O.P. alleged the complainant did not mention the date in his complaint from when he became owner of the vehicle and that the complainant did not inform the O.P. about the steps having been taken by the Complainant for incorporating  his name on the Insurance Policy substituting the name of the previous owner Sri Kanu Lal Sarkar. According to the O.P. as per law  enshrined in the M.V. Act the Complainant should have taken steps in the matter after purchase of the vehicle from the previous owner. The O.P. also stated in the W.S. the Complainant did not inform the Insurance Company after the accident occurred and that the Complainant had removed the vehicle from the place of accident on his own accord without intimating the Insurance Company and thus the O.P. Insurance Company got no opportunity to get the damage vehicle assessed by Authorized Surveyor. It is further alleged by the O.P. that the Complainant in this case is a 3rd party to the contract which had been executed between the registered owner Sri Kanu Lal Sarkar and the O.P. Insurance Company and as such the O.P. can  not be held liable to compensate the Complainant for the alleged damage caused to his vehicle.

The O.P. has thus prayed for rejecting the complaint filed by the Complainant. 

EVIDENCE ADDUCE BY THE PARTIES:-

The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced  the documents viz registration Certificate, Insurance Policy, Tax token, Copy of FIR lodged with the O/C, Bishramgang P.S., Copy of the estimate  issued by Joyram Work and Colour showing cost of repairing of the damaged vehicle as Rs.56,860/-, copy of driving license of the driver, Original Photographs showing extent of damage caused to the vehicle and copy of letter issued by the O.P. Insurance company repudiating the claim of the Complainant. 

     The O.P Insurance Company has produced examination-in- chief by way of affidavit by Sri Baidya Debbarma, O.P.W-I. The said O.P.W. was cross examined. No documentary evidence was adduced by the O.P. side.  

POINTS TO BE DETERMINED:- 

4. (I). Whether there is deficiency of service on the part of the O.P.

   (ii).Whether the complainant is entitled to get the relief prayed for. 

 

 

Decision and reasons for decisions:- 

 

5. After going through the materials available in the case record we find that the complainant is the registered owner of vehicle Maruti Alto -800 bearing registration No. TR-01-AK0380 which met with an accident at Bishramgang on 02/04/2018 at about 6.00 P.M. while the driver of the said vehicle was returning from Udaipur with the vehicle. After the accident the vehicle was attacked by some miscreants causing massive damage to the vehicle. The driver of the vehicle lodged  FIR with the Bishramgang P.S. about the accident and upon which Bishramgang P.S. Case No.23/2018 was registered. The complainant got his vehicle repaired on payment of Rs.56,860/- by Joy Ram Work and Colour. The Complainant approached the O.P. Insurance Company being the insurer for making payment of the repairing  charge but the O.P. did not satisfy his demand stating the ground that at the relevant time the Insurance Policy in respect of the vehicle was not in his name rather the policy was in the name of Sri Kanu Lal Sarkar(the previous owner).   

We have closely perused the Insurance policy of the vehicle bearing No. TR-01-AK0380 and we have found that the Insurance policy is in the name of Sri Kanu Lal Sarkar. From the case record we did not find any paper/document produced by the Complainant showing that he ever approached the O.P. Insurance Company for inserting his name in the Insurance policy after substituting the name of Sri Kanu Lal Sarkar from whom he had purchased the vehicle. 

 

In view of this, we are constrained to hold that the petitioner is not entitled to get any compensation from the O.P. Insurance Company as he has failed to make out a case U/S 12 Consumer Protection Act. The Insurance Company according to our opinion has rightly repudiated the claim of the Complainant. There is no deficiency of service committed by the O.P. Insurance Company to the Complainant. 

The Complaint filed by the Complainant Sri Mithun Acharjee is thus dismissed. However, having regard to the facts and circumstances of the case we are not inclined to give any costs.  

 

ANNOUNCED

 

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 SMT. DR. G. DEBNATH,

 MEMBER, 

DISTRICT CONSUMER

DISPUTES REDRESSAL FORUM,

WEST TRIPURA, AGARTALA

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.