West Bengal

Paschim Midnapore

CC/134/2012

Sri Biswajit Saha - Complainant(s)

Versus

The Branch Manager, Oriental Insurance Company Ltd - Opp.Party(s)

30 Apr 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                                                                      

 Complaint case No.134/2012                                                         Date of disposal: 30/04/2013                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  xxxxxxxxxxxxxx

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. P. Mandal. Advocate.

    For the Defendant/O.P.S.                           : Mr. P. Ghosh. Advocate.

          

Sri Biswajit Saha S/o-Sri Sunil Chandra Saha resident of Mahatabpur(Dakhinpara), P.O.-Midnapore, P.S.-Kotwali, Dist-Paschim Medinipur… …………Complainant.

                                                              Vs.

  The Branch Manager, Oriental Insurance Company Ltd.  office at Midnapore Zilla   

  Parishad Road, P.O.-Midnapore, P.S.-Kotwali,  Dist-Paschim Medinipur ………Op.

                 The case of the complainant, in short, is that he purchased an Indigo Car which was registered as WB-36/2521. The car was insured with the Op. upto the limit of Rs.5, 03,000/-(Five lakhs three thousand only) having validity of the policy upto 06/03/2012. The said car met with an .accident on 12/05/2011 in which accident the car was totally damaged. A police case bearing Kotwali P.S. Case no.232/11 dated 13/05/2011 under sec. 279/338/337/427 I.P.C. was started. Thereafter the complainant took the car to M/S T.C. Motor Pvt. Ltd. at Howrah and they submitted estimate of Rs.4,95,379/- (Four lakhs ninety five thousand three hundred seventy nine only) towards total cost of repair of the car. The complainant further submitted that as the car was totally damaged and the vehicle was insured upto the limit of Rs.5,30,000/-(Five lakhs thirty thousand only), he is entitled to get that amount and accordingly he made a claim to the Op-Insurance Company. The officer of the Op-Insurance Company made enquiry and submitted report but the Op-Insurance Company withheld the claim for which the complainant served a notice through his lawyer on 06/01/2012 which was duly received by the Op. on 09/01/2012 but did not take any action. The complainant also contended that the Op. called the complainant at his office and handed over a cheque of Rs.2,88,115/-(Two lakhs eighty eight thousand one hundred fifteen only) although the complainant is entitled to get further amount of Rs.2,14,885/-(Two lakhs fourteen thousand eight

Contd…………..P/2

 

- ( 2 ) -

hundred eighty five only). So the complainant by filing this case claimed that amount apart from compensation and cost.

The Op. filing contested this case by filing written objection contending, interalia, that after receipt of the claim form from the complainant the Op. took step for inspection by surveyor and ultimately compensation of Rs.2,88,115/-(Two lakhs eighty eight thousand one hundred fifteen only) was granted. In the meantime, on 10/02/2012 the complaint sent a letter to the Op. about his knowledge of the sanction of the aforesaid amount and expressing his withingness to accept the same. On 27/02/2012 the complainant came to the office of the Op. and after receiving the cheque of Rs.2,88,115/-(Two lakhs eighty eight thousand one hundred fifteen only) gave discharge receipt to the Op. towards full and final settlement of the claim. So the complainant can not have any further claim. Thus, the Op. prayed for dismissal of the case.

Now we are to consider as to whether the complainant is entitled to get the relief as claimed.

Decisions with reasons

 The coverage of Insurance the vehicle in question, damage of the vehicle in an accident and validity of the Insurance policy as on the date of accident are not disputed in this case. The dispute is only regarding the amount. The complainant claimed that the amount of coverage of the car was upto to the limit of Rs.5, 03,000/-(Five lakhs three thousand only). He has admitted that he received Rs.2,88,115/-(Two lakhs eighty eight thousand one hundred fifteen only). Therefore, according to the complainant, he is entitled to get Rs.2,14,885/-(Two lakhs fourteen thousand eight hundred eighty five only) (Rs.5,03,000- Rs.2,88,115). The documents filed on record show that on 14/11/2011, the complainant had submitted a letter to the Op. expressing his inability to get the vehicle repaired and permission for sale of the damaged car as scrap. It further appears from the letter dated 10/02/2012 addressed to the Op. by the complainant that the complainant has known about sanction of  Rs.2,88,115/-(Two lakhs eighty eight thousand one hundred fifteen only) by the Op. and willingness of the complainant to accept the same amount. The documents on            record further shows that on 27/02/2012 the complainant voluntarily received Rs.2,88,115/-(Two lakhs eighty eight thousand one hundred fifteen only) towards full and final settlement of his claim and gave discharge receipt to the Op. After this, the complainant can not have any further claim. Although during hearing the Ld. Lawyer for the complainant tried to convince us that the receipt was signed by the complainant without knowing the contents but from series of acts done by the complainant as stated above and the complainant’s clear admission in open court about his signature in all the documents as aforesaid, there should not be any doubt that the complainant on

Contd…………..P/3

- ( 3 ) -

his own volition accepted the amount and granted receipt towards full and final settlement of the claim. After all these incidents, the complainant is debarred from making any further claim.

Therefore we are of the view that the complainant is not entitled to get any relief as prayed.  

                 Hence, it is,

                                    Ordered,

                                                    that the case be dismissed on contest. No order as to cost.

Parties be supplied the copy of Judgement free of cost.

Dic. & Corrected by me

              

         President                                             Member                                                President

                                                                                                                              District Forum

                                                                                                                          Paschim Medinipur.