West Bengal

Paschim Midnapore

CC/127/2016

Sri Rahul Bera - Complainant(s)

Versus

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

29 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

&

  Kapot Chattopadhyay, Member

   

Complaint Case No.127/2016

                                                       

                    Sri Rahul Bera, S/o S.N. Bera, Vill. Bhandardiha, P.O. Beliabera,

                    P.S. Belibera, Dist- Paschim Medinipur………………….……Complainant.

Versus

1. The Branch Manager, The Oriental Insurance Co. Ltd., Baripada Branch, Near Jublee Library, Lal Bazar, P.O. & P.S. Baripada, State Orisa, PIN-757001,
2. The Branch Manager, The Oriental Insurance Co. Ltd., Medinipur Branch, At Kshudiramnagar, P.O. & Town Medinipur, P.S. Kotwali, Dist- Paschim Medinipur,  PIN-721101,
3.  The Branch Manager, Mahindra & Mahindra Financial Service, At Inda, P.O. & P.S. Kharagpur, Dist Paschim Medinipur………..…..Opp. Parties.

 

              For the Complainant: Mr.  Somasish Ponda, Advocate.

              For the O.Ps. : Mr. Akshay Kumar Khamrui & Mr.Subrata Bikash Das, Advocate.

 

                                                 

                                                    Decided on: -29/11/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is a permanent resident of village Bhandardiha within the jurisdiction of this forum.  The complainant insured his vehicle bearing no.               WB-34AF/8399 (Tata Indigo ECS VX Sedan) with the opposite party-Oriental

Contd……………….P/2

 

                                                                                                    ( 2 )

Insurance Co. Ltd. and the opposite party also issued a policy bearing no.31/2016/1009 covering the period from 12/05/2015 to 11/05/2016 with contract for payment of any kind of accidental damage against payment of premium Rs.7,898/- in the head of OWN DAMAGE Claim.  Opposite party no.2 is the nearest branch office of opposite party no.1 - Insurance Company.  During the period of insurance of the said vehicle, the vehicle of the complainant while proceeding towards  Gopiballavpur from Jhargram,  then the said vehicle suddenly met with an accident and the vehicle felled down in the river  as a result of which the vehicle was totally damaged.  Thereafter the complainant intimated the said incident of accident to the opposite party- Insurance Company for getting the own damage claim and the said claim was registered as claim no.31/2016/000150.  After receiving the said claim intimation, one surveyor was sent for inspection and after long enquiry, the said surveyor obtained a consent letter from the complainant by mentioning agreed settlement amount to the tune of Rs.4,50,000/-, in case of settlement on total loss basis.  Accordingly the complainant surrendered his registration certificate of the vehicle to the concerned R.T.O., Paschim Medinipur as suggested by the opposite party by their letter dated 19/02/2016.  It is stated that the complainant purchased the said vehicle with financial assistance of Mahindra and Mahindra Financial Service Company Ltd. i.e. opposite party no.3 and the complainant has to pay heavy monthly installments in spite of such accident of the vehicle.  He has been compelled to repay the loan amount to the opposite party no.3 due to dilatory practice after settlement of claim.  Complainant went to the office of the opposite party again and again but they paid no heed.  Hence the complaint,  praying for directing the opposite party-Insurance Company to pay the agreed settlement amount of Rs.4,50,000/- with interest @12% p.a., a sum of Rs.50,000/- as compensation and Rs.20,000/- towards garage rent and litigation cost of Rs.5,000/-.

                  The opposite party- Insurance Company has contested this case by filling a joint written objection.

        Denying and disputing the allegation of the complainant, it is the specific case of the opposite party- Insurance Company that the complainant has not stated about the date of accident of the vehicle in his petition of complaint but however from the claim form submitted on 21/09/2015, it is found that the accident took place on 18/09/2015.  After receiving such claim form, one surveyor- cum- loss assessor named Sarit Kumar Dash was appointed for

Contd……………….P/3

 

( 3 )

inspection and report.  He inspected the vehicle on 22/04/2016 and according to him, the wreckage value of the vehicle was Rs.60,000/-.  One Chartered Engineer Anjan Bose was appointed for final report for assessment of loss and according to him, insurer’s liability was Rs.3,60,000/- and he recommended for assessment of total loss at Rs.4,50,000/- subject to adjustment of policy excess Rs.1,000/- and towing  cost of Rs.1,500/-  vide report dated 19/12/2015 (Annexure–B).  The Branch Manager of the opposite party- Insurance Company requested the R.T.O. by his letter dated 19/02/2016 for cancellation of registration certificate of the damaged vehicle in question.  The said copy of letter has been marked as  annexure–C.  Unless such cancellation certificate is received no settlement of claim could be made and the opposite party had no other way than to wait till they receive the report of cancellation of registration.  The complainant also requested the R.T.O. vide his letter dated 09/06/16 requesting to give urgent look into the matter relating to cancellation of certificate and he also supplied a copy of the said letter to the opposite party which is marked as annexure- D. Opposite parties have not yet received any letter from R.T.O. or the complainant regarding cancellation certificate of registration.  The entire claim of insurance is under process and the opposite party has not yet repudiated the claim and therefore no cause of action has arisen and the question of deficiency in service therefore does not arise.  Opposite parties therefore claim dismissal of the case. 

         Opposite party no.3 has also contested this case by filing a written objection.  Opposite party no.3 submits that after making payment of the dues if any on the date of passing order the rest amount which is likely to be awarded may be given to the complainant and in that event this O.P. will not raise any objection. 

                  It is to be mentioned here neither the complainant nor the opposite parties has adduced any evidence in this case but they have relied upon some documents, so filed by them.  

Points for decision

1. Is the case maintainable in it’s present form and prayer ?
2. Has the complainant cause of action to file this case ?
3. Is their any deficiency in service on the part of the opposite party- Insurance Company ?
4. Is the complainant entitled to the reliefs, as prayed for ?

Decision with reasons

                            For the sake of convenience and brevity, all the above points are taken up together for consideration.

                   Contd……………….P/4

 

( 4 )       

       Admittedly the complainant is the owner of the disputed vehicle and he purchased the said vehicle after taking financial loan from the opposite party no.3.  It is undisputed that the vehicle in question met with an accident on 18/09/2015 and due to such accident, the vehicle was totally damaged and thereafter the complainant submitted the claim of insurance before the opposite party -Insurance Company vide claim no.31/2016/000150 and after receiving the said claim intimation, one surveyor was appointed by the opposite party- Insurance Company.  It is further admitted by the parties that the surveyor- cum -loss assessor inspected the vehicle on 22/04/2016 and one Chartered Engineer Anjan Bose was also appointed and he submitted final report of assessment of loss and according to him insurer’s liability is Rs.3,60,000/-.  He recommended for assessment of total loss to the tune of  Rs.4,50,000/-, subject to adjustment of Policy excess Rs.1,000/- and towing cost Rs.1,500/- vide his report dated 19/12/2015.  At the time of hearing of argument, Ld lawyer of the complainant also submitted that since the vehicle has been totally damaged, so the complainant as well as the opposite party-Insurance Company requested the R.T.O. for issuing a certificate of cancellation of registration of the vehicle in question.  It is further admitted by the parties that the R.T.O. concerned has not yet issued cancellation certificate as required by the complainant and the opposite party-Insurance Company. In their written objection opposite party-Insurance Company has specifically stated that the settlement of claim is on process and they have not repudiated the claim of the complainant.  Since the settlement of claim has been remained stopped for non availability of the cancellation certificate from the R.T.O. concerned, so they have no deficiency in service as alleged.

             In the above facts and circumstances of the case as discussed above  we are of the view that the present petition of complaint is pre-matured as the claim is under process and the complainant has no cause of action to file this case at this stage.  The petition of complaint is therefore liable to be rejected.

                                               Hence, it is,

                                                Ordered,

                                            that the complaint case no.127/2016  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

           Dictated and Corrected by me

                       Sd/-B. Pramanik.                Sd/- K.K.Chattopadhyay.             Sd/-B. Pramanik. 

                             President                                   Member                                   President

                                                                                                                           District Forum

                                                                                                                        Paschim Medinipur