IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/19/2017
Date of Filing: 28/02/2017 Date of Final Order:11/12/2018
Complainant: Abhibhusan Dutta
S/O Lt. Sudhir Kr. Dutta
Vill.-Kandi Rajbati
PO&PS-Kandi, Dist-Murshidabad,
Pin-742137
-Vs-
Opposite Party: 1. Syed Sariful Alam
Kuli Chowrasta
PO-Kuli Kandi,PS-Burwan
Dist-Murshidabad
Pin-742137
- Manager,
Chola MS General Insurance
6A, Middleton Street
III Floor,
Chabil Das Towers
Kolkata-71
3. Manager,
Chola MS General Insurance
Kadbeltala Raha Service centre
PO-Berhampore,
Dist-Murshidabad
Pin-742101
Agent/Advocate for the Complainant : Sri.Subhanjan Sengupta
Agent/Advocate for the Opposite Party: Sri. Prabir Banerjee
Present: Sri Asish Kumar Senapati…………………........President.
Smt. Aloka Bandhopadhyay……………………..Member.
FINAL ORDER
ASISH KUMAR SENAPATI, PRESIDING MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Abhibhusan Dutta (here in after referred to as the Complainant) filed the case against Syed Sariful Alam & Others (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the Complaint Case is as follows
The Complainant is a business man by profession and he purchased a bus bearing No.WGQ/982 for earning his livelihood. And his bus was running from Berhampore to Kandi in a normal speed on 20.11.16 at about 3.20 p.m. when a lorry bearing No. WB 57C/1749 dashed him in a rash and negligent manner resulting damage of his bus. Due to the said accident, the Complainant suffered a great loss and he lodged an FIR with Khargram PS and a case was registered vide Khargram PS Case No. 482 of 2016 dated 23.11.16 U/Ss 279/338/427 IPC. The Complainant approached the OP Insurance Company for proper redress and they did not pay any heed to redress the grievances of the Complainant. The OPs have deficiency in service. The Complainant prayed for a direction upon the OPs for making payment of Rs.5,00,000/-to the Complainant.
The OP No.2 contested the case by filing written version, contending that the case is not maintainable and the Complainant is not entitled to get any relief as the vehicle of the Complainant is not covered with Chola MS General Insurance Company Limited. The Complainant is not a consumer of the OPs. The OP No.2 prayed for dismissal of the complaint with cost.
The O.P. Nos 1&3 did not contest the case in spite of receipt of notice.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged ?
- Is the Complainant entitled to get any relief, as prayed for?
Point Nos.1&2.
The Ld. Advocate for the Complainant submits that the Complainant is a consumer in terms of the Consumer Protection Act,1986. It is urged that the Cause of action arose within the territorial limit of this Forum and the claimed amount is also within the pecuniary limit of this Forum.
The Ld. Advocate for the Complainant submits that the Complainant has come before this Forum alleging negligence on the part of the OPs praying for compensation but the Complainant has not come alleging deficiency in service against the O.Ps..
In reply, the Ld. Advocate for the OP No.2 submits that the Complainant is not a consumer in terms of the C.P.Act,1986 as there is no privity of contract between the Complainant and the OPs. He argues that the Complainant never hired the services of the OPs and the bus of the Complainant bearing No. WGQ/982 is not covered under any Insurance policy under the OPs.
We have gone through the written complaint, written version, evidence and written argument submitted by both sides.
It is the allegation of the Complainant that the vehicle No. being WGQ/982 met an accident with a lorry bearing No.WB 57C/1749 for rash and negligence driving of the driver of the said lorry. The Complainant has prayed for compensation for treatment of his driver and repair of his bus. It is not the case of the Complainant that the bus of the Complainant was covered Insurance policy under the OPs but it appears from the xerox copies of the document submitted by the Complainant (Annexure-C) that the lorry being No. WB 57C/1749 was covered under the Insurance pollicy under Chola MS General Insurance Company Limited. We find that there is no privity of contract between the Complainant and Chola MS General Insurance Company Limited and the Complainant has failed to establish that he hired the services of Chola MS General Insurance Company Limited and there was any deficiency in service on the part of Chola MS General Insurance Company Ltd. It may be mentioned that a consumer/Complainant may lodge consumer complaint either for deficiency in service or for defect in goods but in the present case the Complainant has failed to establish that there is any deficiency in service on the part of the OPs and the Complainant has hired the services of the OPs. Therefore, we hold that the Complainant has failed to established that he is a consumer in terms of section 2(1) (d) (ii) of the C.P.Act,1986.
Point Nos.3&4
As we have already decided that the Complainant is failed to establish that he is a consumer in terms of section 2(1) (d) (ii) of the C.P.Act, 1986, we find no justification to considered point Nos. 2,3 and 4. The above points are thus disposed of.
Reasons for delay
The Case was filed on 28.02.2017 and admitted on 07.03.17 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order..
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the Complaint Case No. CC/19/2017 be and the same is hereby dismissed on contest against the OP No.2 without cost and dismissed ex-parte against the OP Nos 1&3 without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President.
Member President.
