IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 109/S/2014.                        DATED : 20.12.2016.   

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : SRI BABLU SAHA,  

  S/O Late Khirod Gopal Saha,

  of Lower Bhanu Nagar, Dabgram,   

  P.O.- Sevoke Road, P.S. – Bhaktinagar,

  Dist.- Jalpaiguri.

O.P.                                        : THE BRANCH MANAGER,  

  Oriental Insurance Co. Ltd.,

  Siliguri Branch, Hill Cart Road,

  Malhotra Tower, P.O.- Pradhan Nagar,

  Dist.- Darjeeling, Pin- 734 003.

  (Insurer of Vehicle No.WB-73B-0869 Tata Magic Ace,

  Goods Carriage).

FOR THE COMPLAINANT         : Sri Subhash Gupta, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case in brief is that he is the registered owner of a motor vehicle which was duly insured with the OP for the period from 19.07.2013 to 18.07.2014.  On 24.05.2014, the vehicle of the complainant met with an accident near Hashimara, and the complainant informed the OP about the accident on 05.06.2014 along with related documents.  Investigator of the OP visited Jaigaon P.S., and observed the damaged vehicle of the complainant and enquired into the matter, and submitted report to the OP.  The complainant went to the office of the OP for submitting estimate quotation for repair of the vehicle, but the OP did not receive the estimate quotation, and the complainant was advised to repair the vehicle at his own cost, and to deposit the money receipt to the OP when cheque would be issued in favour the complainant.  The complainant thus repaired his vehicle at Ujjal Automobiles, and incurred expenses of Rs.53,173/-.  The complainant claims that on 13.08.2014 the OP sent a registered letter which was received on 15.08.2014,

Contd……..P/2

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and the letter asked for the estimate paper, and it was issued on 21.07.2014, but the letter was deliberately sent by the OP on 13.08.2014.  The complainant claims that before receiving the said letter he had visited the OP on several occasions to submit the estimate paper, and photographs of the damaged vehicle, and money receipt for the expenses incurred, but the OP deliberately refused to accept these.  On 02.09.2014 the complainant again went to the office of the OP, when his claim was repudiated on vague grounds.  The complainant thus filed this case praying that the OP be directed to pay him the said sum of Rs.53,173/-, and he prays for some other reliefs as well.     

The OP appeared and contested the case by filing written version denying inter-alia all the material allegations as raised by the complainant.  It is stated that complainant violated the condition No.2 of the Insurance Policy.  That the complainant is able to make repairing work without consent of OP with cost amount not exceeding Rs.500/-.  The insured shall give the company every assistance to see that such repair was necessary and the charges are reasonable.  In this case the complainant has repaired the vehicle without knowledge of OP and without giving intimation to the OP.  The complainant did not inform nor adopted the procedure to send the documents through Post Office.  It is also case of the OP that there was 12 days delay in informing the OP about the accident of vehicle and there was 5 days delay in lodging FIR before police.  The complainant did not submit the estimate before repairing the damaged vehicle to the OP.  So, there was violation of policy conditions nos.1 & 2 for which repudiation was made.         

To prove the case, the complainant has filed the following documents:-

1.       Xerox copy of Voter Identity Card of the complainant.

2.       Xerox copy of R.C. Book of the damaged vehicle bearing Regd. No.WB-73B-0869.

3.       Xerox copy of Tax Receipt of the damaged vehicle.

4.       Xerox copy of Fitness Certificate of the damaged vehicle.

5.       Xerox copy of Insurance Policy Certificate of the damaged vehicle.

6.       Xerox copy of F.I.R.

7.       Xerox copy of Seizure List.

8.       Xerox copy of Final Report submitted by Motor Vehicle Inspector, Technical, Alipurduar.

9.       Original Receive Copy regarding intimation towards accident of vehicle, bearing Regd. No.WB-73B-0869 issued by the OP.

Contd……..P/3

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10.     Original copy of letter issued by the OP dated 21.07.2014.

11.     Nine copies of original photographs of the damaged vehicle in different angles.

12.     Original copy of Estimate of the damaged vehicle issued by Ujjal Automobiles, dated 16.06.2014.

13.     Original copy of parts purchasing Bills of the damaged vehicle, dated 16.06.2014 (Two sheets).

14.     Original copy of body denting, painting charge dated 02.07.2014 issued by Ujjal Automobiles.

The OP has filed following documents :-

1.       Motor Insurance Certificate Cum Policy Schedule bearing No.313205/31/2014/1934 for the period from 19.07.2013 to 18.07.2014 in respect of vehicle No.WB-73B-0869 of the complainant along with Commercial Vehicle Package Policy containing the terms, conditions, endorsements, exclusions and limitations. 

2.       Letter dated 05.06.2014 issued by the complainant to the OP.

3.       Preliminary Survey report dated 22.06.2014 issued by the IRDA licensed surveyor Mr. Mrinmoy Kanti Kundu.

4.       Letter dated 21.07.2014 issued by the OP to complainant. 

          Complainant has filed evidence in-chief.

OP has filed evidence-in-chief.

          Complainant has filed Written Notes on argument. 

OP has filed Written Notes of Argument.

Points for determination

1.       Is there any deficiency in service on the part of the OP ?

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason             

          Both issues are taken up together for the brevity and convenience of discussion.

          From the document filed by the complainant along with statement on oath, it appears that the vehicle of the complainant suffered accident and the said incident was reported to the Police.  The incident was informed to the police vide Xerox copy of FIR.  The complainant also filed Xerox copy of Final

Contd……..P/4

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Report submitted by Motor Vehicle Inspector.  The complainant states that the complainant intimated the incident to the OP, but the OP did not issue any written order in favour of the complainant for repairing the vehicle. 

OP has filed Annexure-B which shows the complainant informed the incident on 05.06.2014.  Annexure-C is report of Surveyor appointed by the OP.  This surveyor’s report supports that incident took place and the matter was informed the police.  Police seized the documents as per list.  This surveyor verified the chassis and the Engine number.  The surveyor advised the insured took place the vehicle at any workshop and then communicated with the insurer.  This surveyor also took photographs.  The survey was done on 06.06.2014.  Annexure–D is a letter issued by the Branch Manager on 21.07.2014.  The matter was informed to them on 05.06.2014 i.e., the OP informed the complainant stating that non submission of your estimate would delayed to depute final surveyor.  So, the document filed by the OP read with the statement in affidavit shows that OP was well informed regarding the incident and claim of the complainant.  From the original copy of estimate dated 16.06.2014 including denting, painting Rs.53,173/-.  From the original copy filed by the complainant of two estimates dated 02.07.2014 & finally on 16.06.2014 is Rs.53,173/-. 

Therefore, from the original documents and other documents filed by the complainant, it appears that alleged vehicle met with an accident and repairing work was done by the complainant with the help of the Ujjwal Automobiles.  The original receipt shows the total expenditure cost of repairing Rs.31,173/- and body denting & painting Rs.22,000/- total cost Rs.53,173/-. 

From the document filed by the OP as well as document filed by the complainant it is proved that alleged vehicle was insured by the OP and the total fact of incident of accident and repairing the vehicle were well informed to the OP.  In spite of those taking different pleas, the OP did not pay the complainant the cost of repairing of the vehicle which the complainant is legally entitled to get as the vehicle was insured.

The complainant was deprived to get his legal claim from the OP.  The OP failed to act with due care and attention in discharging obligation towards complainant making payment of total cost of repairing.  Thus the ingredient of deficiency ins service is found present in the act of the OP for which the complainant is entitled to get total cost of repairing and compensation because

Contd……..P/5

-:5:-

the complainant was compelled to come before this Forum bearing with all the inaction on the part of the OP.  The complainant filed this case on 09.09.2014. 

The complainant has prayed total expenditure of repairing charges and Rs.46,827/- for mental pain, harassment and others totalling Rs.1,00,000/-. 

It appears from the record that complainant’s claim is justified as per material on record along with this the complainant is also entitled to get Rs.10,000/- as litigation cost and interest on total sum of Rs.1,00,000/- from 09.09.2014. 

So, after a deep deliberation over the deficiency in service and negligent act done by the OP towards complainant, we are of opinion that above order of award of Rs.1,00,000/-, litigation cost of Rs.10,000/- and interest @ 9% on the awarded Rs.1,00,000/- from 09.09.2014 till final payment can be passed against the OP. 

In the result, the case succeeds.                         

Hence, it is

                     O R D E R E D

that the Consumer Case No.109/S/2014 is allowed on contest against the OP with cost. 

The complainant is entitled to get Rs.1,00,000/- for total repairing charges, along with mental pain, business loss, harassment, loss of interest from the OP.

The complainant is further entitled to get Rs.10,000/- towards litigation cost from the OP.

Complainant is further entitled to get interest @ 9% per annum on the awarded sum of Rs.1,00,000/- from 09.09.2014 till final payment.

The OP is directed to pay Rs.1,00,000/- for total repairing charges, along with mental pain, business loss, harassment, loss of interest by issuing an account payee cheque in the name of the complainant within 45 days of this order.

 The OP is further directed pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days of this order.

The OP is further directed to pay interest @ 9% per annum on the awarded sum of Rs.1,00,000/- from 09.09.2014 till final payment within 45 days of this order.

Contd……..P/6

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In case of default of payment, the complainant is further entitled to get interest @ 9% per annum on the awarded sum from the date of this order till full realization. 

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.