West Bengal

Paschim Midnapore

CC/60/2014

Dr. Manas Kumar Biswas - Complainant(s)

Versus

The Branch Manager, ICICI Lombard General Insurance Corporation Ltd - Opp.Party(s)

31 Dec 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.60/2014                                                         Date of disposal:  31/12/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

 For the Complainant/Petitioner/Plaintiff : Mrs. K. Chatterjee,  Advocate.

For the Defendant/O.P.S.                        : Mr. P. Sengupta, Advocate.                                   

          

Dr. Manas Kumar Biswas, S/o Manindra Kumar Biswas, B-7, Burdge Town, Medinipur, P.O. Medinipur, P.S.   Kotwali, Dist- Paschim Medinipur…………..Complainant

                                                           Vs.

1. The Branch Manager, I.C.I.C.I. Lombard General Insurance Corporation Ltd., I.C.I.C.I. Lombard House, 414, Veer Savarkar Marg, Near Sidhivinayak Temple, Pradhandevi, Mumbai-40,025,400035,
2. The Branch Manager, I.C.I.C.I. Lombard General Insurance Corporation Ltd., 2^nd Floor, O.T. Road, Inda, Kharagpur, P.O. & P.S. Kharagpur, Dist- Paschim Medinipur, Pin-721305,
3. The Branch Manager, Bhandari Automobiles Pvt. Ltd., At Jhapetapur, Kharagpur, P.O. Kharagpur, P.S. Kharagpur (T), Dist- Paschim Medinipur, Pin-721301..……………Ops.

         The case of the complainant Dr. Manas Kumar Biswas, in short, is that his Car being its Registration No.WV-34/AA-7562 insured with the Op No.1 I.C.I.C.I was heavily damaged in a road traffic accident on 12/05/2013 within Bishnupur P.S.  The matter was reported to the Bishnupur P.S.  but the same was not recorded there.  Rather, the complainant was advised for repairing his car in the garage of Op No.3 Bhandari Automobiles Pvt. Ltd. at Jhapetapur, Kharagpur.  In this connection, the matter of damaged car under Insurance was also reported to the Op I.C.I.C.I Lombard General Insurance Company Ltd. at O.T. Road, Inda, Kharagpur.  It is alleged that no appropriate result from the end of said Insurance Company was held.  Immediately after the accident, the damaged car was placed before the Op No.3 for its repairing work.  Accordingly work order was prepared on 8/07/2013.  But repairing work was not effected to at the estimated cost amount into 4,02,279.41/-  received by the complainant from the Op No.3 and

Contd………….P/2

 

-  ( 2 ) -

accordingly the estimate was conveyed to the Insurance Company.  Even thereafter no steps were taken by the Insurance Company.  Ultimately, an Advocate’s notice dated 9/01/2014 has been served upon the Ops. In reply, it is stated by the Op Insurance Company that the matter remains unprocessed for want of some documents.  Getting the report, the documents were sent to the Insurance Company (OP No.2).  But till date Op NO.3 Bhandari Automobiles did not start the repairing work nor settlement of the claim.  Being aggrieved, the complainant has come before us stating that he is not bound to make any advance payment to the Op No.3 Bhandari Automobiles which is very much illegal and against natural justice.  Thus, the complainant prays for new Maruti Car amount into 4,02,275/- with payment of 2,00000/- on account of deficiency of service and litigation cost.   Documentary evidence, namely Policy, Service estimate, Letter dated 13/12/2013 Address into the complainant from Bhandari Automobiles, letter dated 1/09/2014 from Insurance Company, letter dated 6/02/2014 by the complainant, Advocate’s letter dated 9/01/2014 and list stock damage repairing work prepared by Op No.3 Bhandari Automobiles is produced by the complainant.

         The Op I.C.I.C.I Insurance Company contested the case by filling written objection challenging that the case is not maintainable for want of cause of action and it is barred by law.  It is admitted that necessary arrangement has already been taken by sending surveyor for inspection of the damaged car and accordingly estimate was prepared.  But in spite of advise on repeated occasions on 30/11/2013, 9/01/2014 & 5/02/2014 through courier service (D.T.D.C.) to the complainant, necessary documents were not submitting from his end.  Finding no active cooperation in sending required documents from the complainant, the Op Insurance Company closed the process without making any final order of repudiation of the claim.  Thus, the Op Insurance Company prays for dismissal of this case in absence of sound materials on deficiency of service against them.

          The Op No.3 Bhandari Automobiles takes no steps to contest the case.        

          Upon the case of the parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?
2. Whether the complainant has any cause of action for presentation of this petition of complaint?
3. Whether the case is barred by law?
4. Whether the complainant is entitled for getting relief as prayed for.?

Decision with reasons

Issue Nos.1 to 4:

              All the issues are taken up together for discussion as those are interlinked each other for

the purpose of arriving at a correct decision in the dispute.

             Ld. Advocate for the complainant made his argument that there is no material objection

 Contd………….P/3

 

-  ( 3 ) -

regarding the fact of damage of the car.  Validity of the Insurance Policy is not challenged, not even the estimate report.  Only question is that, the Op No.3 without any justified ground has not undertaken the repairing work in terms of work order by virtue of estimated cost.  The damaged car has been lying uncared for without such repairing work in the work shop of Op No.3 Bhandari Automobiles.  Thus, this is a fit case for passing appropriate order against Op No.3.

           The submission of Ld. Advocate for the complainant is admitted by the Op I.C.I.C.I Insurance Company.  In this connection, it is pointed out by the Ld. Advocate appearing for the Insurance Company that there is no case of deficiency of service since the Company already taken necessary steps towards the claim of the complainant by sending competent person for inspection of the damaged car and thereafter invited relevant documents from the complainant in the matter of further progress of his claim.  Thus, the case should lie against the Insurance Co. but Op No.3.

         We have carefully considered the entire case and it appears that the occurrence of damage was taken place within the valid period of Insurance and the Insurance Company moved with the matter for solution of the claim.

         Under the facts and circumstances, we do not find any sufficient evidence for holding the case of deficiency of service against the Op I.C.I.C.I Insurance Company.  The actual relief for repairing of the damaged car lies with the Op No.3 Bhandari Automobiles.  In this context, since there is not steps from the end of Op No.3, it would not be justified to pass any adverse order in their absence without due service of notice.  From the record, it is evident that there is no effort for servicing notice to the Bhandari Automobiles Pvt. Ltd. So, it is lawful to give opportunity to the complainant for presentation of a new case impleading Bhandari Automobiles Pvt. Ltd. for seeking relief.

        Upon the findings above, it is held and decided that there is no case of deficiency of service against the Op I.C.I.C.I Insurance Company and apart from that there should not be any adverse decision against Op No.3 in his absence pending proper steps on the part of complainant.            

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  against the Op No.1 & 2.  The complainant is hereby given liberty to effectively move against the  Op No.3 Bhandari Automobiles Pvt. Ltd. in accordance with the provisions of law.

 

   Dictated & Corrected by me

              

         President                          Member              Member                             President

                                                                                                                  District Forum

                                                                                                              Paschim Medinipur.