Tripura

West Tripura

CC/14/78

Sri Jayanta Majumder - Complainant(s)

Versus

The Branch Mamager SBI General insurance company LTD. - Opp.Party(s)

Mr. U. K. Majumdar

30 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

 

    CASE NO:  CC-  78 of 2014

Sri Jayanta Majumdar,
S/O- Sri Parimal Chandra Majumdar,
16 Office Lane, 
Agartala, West Tripura.            ..............Complainant.
    

         ______VERSUS______

          The Chief Manager,
        SBI General Insurance Company Ltd.
        2nd Floor, Lakshmi Darshan,
        G.S. Road, Opposite Bora Service, 
        Ulubari, Guahati- 781007.    ............Opposite Party.
            

                    __________PRESENT__________

 SRI S. C. SAHA
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant         : Sri Uttam Kumar Majumdar, 
                  Advocate. 
                           
For the Opposite Party    : Sri Swarup Pandit,
                  Advocate.

 

JUDGMENT  DELIVERED  ON:  30.10.15

 

J U D G M E N T    

        This is a complaint U/S 12 of the Consumer Protection Act, 1986 (herein after referred to as 'the Act') filed by the complainant, Sri Jayanta Majumdar of Office Lane, Agartala, West Tripura against the O.P, The Chief Manager SBI General Insurance Company Ltd., G.S. Road, Ulubari, Guahati, Assam over a consumer dispute alleging negligence and deficiency in rendering service on the part of the O.P.
 2.        The fact of the case as gathered from the record is that the complainant is the owner of the vehicle bearing registration No- TR 01-AC 0492 and the said vehicle was insured with the O.P. Insurance Company covering the period from 25.11.12 to 24.11.13. The subject vehicle met with an accident on 23.06.13. As a result of accident, the vehicle got badly damaged. Soon after the accident, the complainant reported the fact of accident to the O.P. Insurance Company. On the advice of the O.P. Insurance Company, he placed the damaged vehicle with the authorized service centre, namely 'Srikrishna Automobiles', Chinaihani, Ushabazar, Agartala. After inspection of the vehicle the repairer submitted an estimate of expenditure for Rs.2,09,990/- towards repairing of the vehicle. A copy of the estimate of expenditure was also supplied to the O.P. Insurance Company with a copy of the same to the complainant. As per requirements of the repairer, he paid Rs.2,13,669/- to the repairer in 2 installments by cheques firstly for Rs.40,000/- and lastly for Rs.1,73,669/-being the repairing charge of the vehicle. Upon receipt of the invoice from the repairer, the O.P. Insurance Company paid Rs.1,44,934/- by crediting the amount directly to his S/B account on 28.04.14 through RTGS without assigning any reason for making less payment of Rs.65,056/- against the bill presented by the repairer. The complainant made several representations to the O.P. Insurance Company to make payment of the balance amount but to no avail. According to the complainant, the conduct of the O.P. Insurance Company constituted negligence and deficiency in rendering service. Hence, this complaint.

3.        Upon receipt of the notice, the O.P. Insurance Company recorded appearance through their engaged counsel. Inspite of granting sufficient time the O.P. did not file written objection. Hence, the case has been proceeded exparte against the O.P. However, the O.P. choose to cross-examine the complainant. 
        
4.        In support of the case, the complainant has examined himself as P.W.1 and has proved and exhibited some documents which was filed on 10.10.14 with firisti as Exhibit- 1 Series and the original Bank Pass Book as Exhibit- 2.
FINDINGS:-
5.        The points that would arise for consideration in this proceeding is whether the O.P. Insurance Company was negligent and deficient in rendering service to the complainant.

6.        We have already heard  arguments advanced by the learned counsel appearing for the parties. Also perused the pleading, documents on record and the evidence adduced by the complainant meticulously.

7.        There is no denial of the fact that the vehicle bearing registration no- TR 01 AC 0492 owned by the complainant met with an accident on 23.06.13 and at the time of accident the vehicle was duly insured with the O.P. Insurance Company. It is pleaded by the complainant that, on the advice of the O.P. Insurance Company, he placed the damaged vehicle with the authorized service centre of the company and as per his requirement the repairer prepared an estimate of expenditure towards repairing of the vehicle and forwarded  a copy of the same to the O.P. Insurance company. It also appears from the invoice  submitted by the repairer that a total sum of Rs.2,09,990/- was claimed towards repairing charges of the vehicle. Indisputedly, out of total billed amount of Rs.2,09,990/-, the O.P. Insurance company paid a sum of Rs.1,44,934/- by crediting directly to his S/B account lying with UBI, Agartala Branch. The complainant as P.W. 1 has deposed similar thing as averred in his pleading. The O.P. Insurance company did neither file written objection nor lead any evidence to discard the version of the complainant. The O.P. Insurance Company has cross examined the complainant, but no material has come out from his cross examination to controvert the evidence adduced by him. Until contrary is proved, we are to rely upon the evidence adduced by the complainant. It appears from the evidence of the complainant that he placed the vehicle with the authorized service centre of the company to undertake repair works on the advice of the O.P. Insurance Company and on completion of repairing works the repairer dispatched the bill to the O.P. Insurance company for necessary action. It is seen that out of total billed amount of Rs.209990/-, the O.P. Insurance Company paid only Rs.1,44,934/-. No explanation has been offered by the O.P. Insurance Company for making less payment of Rs.65,056/- against the billed amount. The complainant has certainly right to know the reason for making less payment against the amount billed for since he paid the entire amount to the repairer from his own pocket. In this background, we have no hesitation to hold that making of less payment of Rs.65,056/- against the billed amount of Rs.209990/- towards repairing charges of the subject vehicle without assigning any justifiable reason certainly amounts to negligence and deficiency in service on the part of the O.P. Insurance Company and, therefore, the complainant is liable to be compensated by the O.P. for the loss suffered by him.

8.        In the result therefore, the complaint U/S 12 of the Act filed by the complainant is allowed. The O.P. Insurance company is directed to pay to the complainant Rs.65,056/-(Rupees Sixty Five Thousand Fifty  Six) being the rest amount of the bill dated 22.01.14 preferred by the repairer with interest @ 9% P.A. w.e.f. 28.04.14 when payment of Rs.1,44,943/- out of total billed amount of Rs.209990/- was made partly by crediting the said amount directly to the S/B account of the complainant. This apart, the O.P. is also directed to pay Rs.10,000/-(Rupees Ten Thousand) to the complainant as compensation towards mental anxiety and harassment caused to him by them together with Rs.3000/-(Rupees Three Thousand) as cost of litigation. The O.P. will pay the entire amount within a period of 45(forty five) days from today, failing which the amount payable will carry interest @ 12% P.A. till the payment is made in full. 

9.                   A N N O U N C E D

SRI S. C. SAHA
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 
SMT. DR. G. DEBNATH,
MEMBER,
  DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.