Ld Advocate for the complainant is present. Judgement is ready and pronounced in open Commission in 5 pages 3 separate sheet of papers.

BY - SRI. SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainant’s case are that the Opposite Party is an Insurance Company from which the Complainant purchased a Vehicle Insurance Policy No. 0317013119P103266047 with a Sum Assured of Rs.7,00,000.00 during the period from 13.06.2019 to 12.06.2020 (Midnight) against his Motor Vehicle No.WB-31/6390, Engine No.DGHZ401900, Chassis No. MD1A3DYCXDPBG6967.

2. During movement for consignment, the said vehicle of the Complainant was completely burnt by the fire of local mob at Jhargram on 05.12.2019 due to an accident made by another truck by run over a 20 years man. Subsequently, the Jhargram Fire Station controlled the said fire and the Sankrail Police Station started a Case No.144/2019 on 06.12.2019 u/s 143, 186, 353, 332, 427 and 435 of the IPC.

3. The Complainant informed the said incident to the Op for which they appointed surveyor and inspected the place but, did not issued any Survey Report. Then the Complainant claimed the insurance from the Op vide Docket No. 0317013119C050165001 but, neither had he received the claim amount nor the Op repudiated the same.

4. The cause of action of this case arose on and from 05.12.2019.

The Complainant is therefore, prays for:-

1. To pay the Insurance claim of Rs.7,00,000.00 by the Op with Interest @10% p.a. from 05.12.2019 to till realization.

2. To pay Compensation of Rs.3,00,000.00 towards mental agony       by the Op.

3. To pay a Litigation Cost of Rs.30,000.00 to the Complainant for conducting the case.

4. Any other reliefs.

5. Notice was duly served upon the Op but, he preferred to see the case be decided ex-parte against him.

6. Under the above circumstances, the Complainant has prayed for an ex-parte order against the Op.

7. Points for determination are:

1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?

8. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition of the Complainant, Evidence in Chief on Affidavit along with all other connected papers and documents submitted by the Complainant.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Op, as such prima facie it was observed in the admission stage, and the case is maintainable in its present form and in law.

4. In the instance case, the Complainant submitted a list of documents dated: 02.06.2023 containing the copy of Vehicle Registration Certificate, Vehicle Insurance Policy, Vehicle Goods Permit, Accident Report of the Vehicle, Fire Inspection Report, Driving License of the Driver and Vehicle Mechanical Inspection Report.

5. From the above submitted documents, it is carefully observed from Page No.6 of theTerms & Conditions of the Policy as under :-

This cover is subject to:

1. The owner-driver is the registered owner of the vehicle insured herein.
2. The owner-driver is the insured named in the policy.
3. The owner-driver holds an effective driving license, in accordance with the provisions of Rule 3 of the Central Motor Vehicles Rules, 1989, at the time of the accident.

Conditions:

1. Notice shall be given in writing to the Company immediately upon occurrence of any accidental loss or damage and in the event of any claimand thereafter the insured shall give all such information and assistance as the Company shall require. Every letter claim writ summons and/or process or copy thereof shall be forwarded to the Company immediately on receipt by the insured. Notice shall also be given in writing to the Company immediately the insured shall have knowledge of any impending prosecution inquest or fatal injury in respect of any occurrence which may give rise to a claim under this policy. In case of theft or criminal act which may be the subject of a claim under this Policy the insured shall give immediate notice to the police and co-operate with the Company in securing the conviction of the offender.

6. The Complainant in the plaint mentioned about the Claim Docket No.0317013119C050165001 but, in-spite of severally asked to product the necessary supporting documents in respect of the said Docket Number vide Order No.13, dated: 23.02.2024, the Ld. Advocate of the Complainant failed to produce the same. Moreover, this Commission has not found any date on which the claim has been docketed. Therefore, it is not clear on when the actual claim has been filed and it is within the due period or not. Merely a reminder letter dated: 06.07.2022 suddenly issued by the Complainant to the Op after 2 Years 7 Months of the incident i.e. 04.12.2019 cannot be a cogent ground for the claim and creating a cause of action.

7. Moreover, the Complainant claimed the insurance for 100% damage of the vehicle against Insured’s Declared Value (IDV) of Rs.7,00,000.00 as mentioned in Paragraph No.11 of the Complaint, whereas, as per the Mechanical Inspection Report dated: 02.03.2020 issued by the Motor Vehicle Inspector (Technical), it is clearly mentioned as “Partially Burnt”. Over and above, this Commission has not found any Certificate for Cancellation of Vehicle Registration from the RTA.

8. Under the above facts and circumstances, the Complainant has failed to prove the Elements of Negligence and Gross Deficiency in Service on the part of the Op.

1. Therefore, the Complainant will not eligible for any relief.

10. Accordingly, both the points are decided against the Complainant.

11.  Thus, the complaint case is not succeeds.

Hence, it is      

O R D E R E D

That the CC-39 of 2023 be and the same is dismissed ex-parte against the Op.

Let a copy of this judgment be provided to the Complainant    free of cost. The judgment be uploaded forthwith on the    website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.