IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/164/2014.

 Date of Filing:                    Date of Admission:                Date of Disposal:

   27.11.14                                    08.12.14                                    20.12.22

Complainant: Asif Ahamed

S/O- Maniruddin Mondal, Vill- Basudebpur,

now residing at Vill-Bagrapa, PS-Raghunathganj, PO-Nutongonj

Dist-Murshidabad.

-Vs-

Opposite Party:  Branch Manager

Oriental Ins. Co. Ltd, 3/20/A, K.K. Banerjee Road,

PO&PS-Berhampore, Dist-Murshidabad,

Pin-742101

Agent/Advocate for the Complainant              : Partha Sarathi Ghosh.

Agent/Advocate for the Opposite Party No.1 : S.S. Dhar.

   Present:   Sri Ajay Kumar Das………………………….......President.     

        Sri. Subir Sinha Roy……………………………….Member.                        

                     Smt. Aloka Bandyopadhyay……………………..Member.                

FINAL ORDER

    Sri.Ajay Kumar Das, Presiding Member.

     This is a complaint under section 12 of the CP Act, 1986.

             One Asif Ahamed (here in after referred to as the Complainant) filed the case against Branch Manager, Oriental Ins. Co. Ltd. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.

    The material facts giving rise to file the complaint are that:-

            The case of the Complainant, in short, is that the Complainant is the owner of the bus bearing No. WB-57/9291. The said bus was insured with the OP, the Oriental Insurance Co. Ltd. vide Policy No. 313502/31/2013/498 for the period from 11.05.12 to 10.05.13. The said bus met with an accident on 06.10.12 at about 10.05.A.M. at Palsonda More on NH34. Over the Accident Nabagram PS Case No. 287/2012 dated 06.10.12 under section 279/338/427 IPC was registered. During investigation, the said bus along with all relevant papers were seized. The Complainant prays for directing the OP to pay the sum of Rs.22,000/- only for damages regarding repairing of the bus in question. The Complainant also claims Rs.50,000/- only as mental pain and agony.

            The OP, Insurance Co. is contesting the case by filing written version contending, inter alia, that the case is not maintainable. The specific case of the OP is that the driver of the offending vehicle had no valid license and as such the Complainant is not entitled to get any compensation. He prays for dismissal of the instant complaint.

     On the basis of the complaint and the written versions the following points are framed for proper  adjudication of the case :

Points for decision

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point Nos. 1,2&3

All the points are taken up together for the sake of convenience and brevity of discussion.

16.11.22 was fixed for hearing of argument as last chance and both the parties were directed to get ready on the date fixed without fail. But it is a matter of regret that the Complainant takes no step, though the Ld. Adv. for the OP is present. Record shows that the Complainant has not been taking step for a long period. Such being the position, argument heard on behalf of the Ld. Advocate for the OP.

As per complaint, the driver of the offending vehicle, namely, Silon Bhuimali had a valid license vide driving license No. 1942/2007 date of issue 18.03.07, issued by RTO, Murshidabad, to drive various categories of vehicle i.e. passenger motor vehicle along with light motor vehicle and heavy motor vehicle and heavy passenger vehicle. The above mentioned driving license was effecting from 18.03.07 to 17.03.10 and the same was renewed up to 07.06.14.

On the basis of the materials on record, we find that over the accident Nabagram PS Case No. 287/12 dated 06.10.12 under section 279/338/427 IPC was registered and the driving license No. 1942/2007 in the name of the driver, Silon Bhuimali valid up to 07.06.14 was seized.

The Complainant has filed the photocopy of the said driving license. The contents of the driving license corroborate the case of the Complainant.

At this point Ld. Advocate for the OP submits that said driving license is a forged document. He brought our notice to the letter vide memo No. 922/MV dated 04.07.16 issued by RTO, Murshidabad to the effect that D/L bearing No. 1942/2007 issued on 30.08.07 was issued in favour of the Nirmalendu Raha, S/o Narayan Chandra Raha, Village+PO Patikabari, PS-Nowda, Dist-Murshidabad.

We also peruse the said document and we agree with the view advanced by the Ld. Advocate for the OP.

Considering the facts and circumstances of the case and keeping in mind, the submission advanced by the Ld. Advocate for the OP, we are of the view that the case of the Complainant has no merit and as such the instant complaint case is liable to be dismissed.

Reasons for delay

The Case was filed on 27.11.14 and admitted on 08.12.14. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case fails.

     Fees paid are correct. Hence, it is                                                                     

Ordered

that the complaint Case No. CC/164/2014 be and the same is  dismissed on merit against the OP.

        Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

 Member                                                            Member                                        President.