FINAL ORDER/JUDGEMENT

SHRI ASHOKE KUMAR GANGULY, MEMBER

This is an application u/s.12 of the C.P. Act, 1986.

The complainant is the owner of a vehicle of Mahindra & Mahindra Make, Bolero and used as Ambulance having Registration No. WB- 41G-5957, Engine No. GHE4B67689 & Chassis No. MA1WK2GHKE3B26357. The vehicle got registered under State Transport Department, Burdwan, WB and being used for earning his livelihood. The vehicle is insured with the OP for the period from 11.03.2017 to 10.03.2018. On 14.05.2017 the vehicle met an accident on NH-6 near Alampur on the way to Kolkata after leaving the patient at Fakirganj, Purba Medinipur. The accident took place at a remote place where there was no Police Station found nearby. The car got damaged and lost its mobility. On the said night the car was brought to the service station of the vehicle’s company for repairing. The incident of accident was informed to the OP immediately. The OP advised to get the car repaired and submit all bills accordingly. The repairing cost comes to Rs.2,56,647.79 which was submitted to the OP on 17.05.2017. The OP did not take any action over the claim. In spite of several follow up they never responded the complainant in respect of the claim till date which tantamount to deficiency in service. The complainant sent legal notice dated 09.04.2019 and 13.04.2019 which also were not responded. The complainant submits that till date the OPs did neither settled nor repudiated the said claim which is highly irregular and tantamount to deficiency in service. The complainant suffered a loss to the tune of Rs.2,56,647/- and further loss of Rs.1,00,000/- for harassment and Rs.50,000/- for litigation costs with interest @18%. The cause of action arose on 14.05.2017 the day on which the accident took place and on 17.05.2017 the day when the complainant lodged the claim. The complainant has approached the commission with the above prayers against the OPs.

The OPs have contested the case by filing their W/V contending inter alia that the case is not maintainable in its present form and nature. The OPs submit that the complainant has not submitted copies of Registration Certificate, Tax Token, Route Permit and copy of Driving License of the concerned driver. The accident took place on 14.05.2017 at about 23-30 hours on NH – 6 at Alampur. The complainant failed to provide any paper to show that they had recorded the fact of the accident to the nearby Police Station and called up the Insurance Company about the accident to conduct spot survey which is mandatory for getting insurance claim. The complainant also failed to produce the towing slip of the breakdown van which had towed the vehicle from the spot to the Garage or Service Station.

The complainant did not disclose the facts that the Insurance Company had issued five letters dated 04.7.2017, 11.7.2017, 25.7.2017 & 02.8.2017 last one on 15.09.2017 seeking for documents and ultimately the claim was made “No Claim” due to non submission of documents by the insured.  The complainant deliberately suppressed the fact that his claim was assessed by the surveyor to the tune of Rs. 1,17, 337/-  subject to submission of repair bills. Other allegations are denied by the OPs.

 Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1)  Whether the OPs are deficient in rendering proper service to the Complainant?
            2)  Whether the OPs have indulged in unfair trade practice?

           3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.

            We have travelled over the documents placed on record. The complainant & the OP have filed their respective Evidence supported by affidavit. They have also submitted their BNAs.

On perusal of the records it is observed that the accident took place on 14.05.2017 during the period when the Insurance policy was in force. There is no controversy in the matter of the Insurance Policy and its benefit between the parties.  But the complainant did not produce any evidence in the form of Police FIR or any G.D. lodged with nearby police station wherefrom it could be established that the accident really took place. It is very much surprising to observe that for what reason the complainant avoided the immediate essential duty of informing the police authority regarding the accident which ought to have been done specially when it is known to him that for settlement of the claim under the Insurance Policy the same is one of the essential documents to be produced before the Insurance Company. This is a major mistake on the part of the complainant. We also observe that the complainant has neither mentioned in the complaint petition nor in the evidence about non submission of police report. It is also no where mentioned by the complainant that surveyor was appointed by the OP and assessment of loss has also been completed by the surveyor. The survey report appears to have been received by the OP on 26.08.2017.The OP has categorically mentioned both in the W/V and also in their Evidence about the absence of Police Report and other relevant documents. In spite of that they have entrusted the case to the surveyor as a good gesture.The complainant was requested to submit the necessary requisite papers and documents several times for processing the claim vide letters dated 14.07.2017,15/7/17, 08/08/2017, 24/08/2017 & 05/9/2017. But the complainant did not find any importance to respond those letters of the OP for the reason best known to him. It was also mentioned in those letters that “ we expect reply within 7 days of receipt of this, failing we presume that you are not interested for claim & closed your said claim as NO CLAIM”.  Since the complainant has not complied with the relevant documents the claim has not been settled by the OP as evident from their above letters. The complainant was given several opportunities to submit the documents for processing the claim which as per record has not been fulfilled by the complainant. As such we do not find any deficiency in service on the part of the OPs.

All the points under determination are answered accordingly.

In the result, the Consumer Complaint  fails

Hence,

Ordered

That the complaint case be and the same is dismissed on contest against the OPs without any costs.

Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and

Judgment be uploaded in the website of the Commission for perusal of the parties