Ld. Advocate(s)
For Complainant: Subhasis Roy
For OP/OPs : Raja Bhattacharya
(2)
Date of filing of the case :22.05.2017
Date of Disposal of the case :12.05.2023
Final Order / Judgment dtd.12.05.2023
Complainant above named filed the present case u/s 12 of the Consumer Protection Act, 1986 praying for direction to the OP NO.1 for payment of insured amount that is Rs.2,60,000/-, praying for direction the OP NO.2 & 3 for adjustment of the loan and Rs.50,000/- as compensation for mental pain and agony.
He alleged in the petition of complaint on that he had purchased one Scorpio Saloon Car bearing Registration No.WB34N/0166, Engine No.BS54G42189 and Chassis No.MAITA2BSC2G77742 from Mohammad Kazrul Haque of Kolkata through higher purchased agreement by the OP NO.2 & 3 and he insured the said vehicle to OP NO.1. After the aforesaid purchase said vehicle was transferred in the name of the complainant. After the aforesaid purchased Insurance Policy was also transferred in the name of complainant.
On 05.11.2012 said vehicle was stolen from the custody of the driver and one case was started at Bizpur P.S. vide Bizpur case no.367/212 u/s 328, 379/34 IPC dated 24.11.2012.
Police authority initially refused to accept the FIR. Thereafter, complainant took shelter of law and ultimately FIR was started as per direction of Ld. A.C.J.M., Barrackpore. Complainant filed claim application before OP NO.1 on 26.06.2015 but OP NO.1 did not take any steps.
On 27.07.2016 OP No.2 & 3 issued demand notice asking the complainant to repay the loan amount after knowing the fact that vehicle was stolen away. OP No.1 repudiated the claim on 25.06.2015. Hence, this case.
Case is running ex-parte against OP NO.1 as per order No.11 dated 19.12.2017.
OP NO.2 & 3 contesting the case by filing W/V. They denied the entire allegations of petition of complaint. They further stated that OP NO.2 & 3 is the financer of the aforesaid vehicle but complainant is a defaulter. Complainant is duty bound as per contact to pay the monthly instalment to the OP NO.2 & 3. To escape from the legal dues the complainant filed this case before this Commission. They prayed for dismissal of the case.
Trial
During trial complainant Rajib Das not yet filed any affidavit in chief. OP No.2 & 3 also not yet filed any affidavit in chief.
(3)
Documents
Complainant at the time of filing of this case produced the following documents:-
- Original copy of F.I.R case no.367/12 dtd. 17.03.2016.......(One Sheet)
- Xerox copy of FRT dtd. 17.03.2016........(Two sheets)
- Xerox copy of F.I.R. dtd. 24.11.2012.......(One sheet)
- Xerox copy of Order Sheet for Magistrates’ Record dtd.23.11.2012......(One sheet)
- Xerox copy of Ld. A.C.J.M at Barrackpore dtd. 06.11.2012......(five sheets)
- Xerox copy of Charge sheet/Final Report dtd. 19.06.2013......(Four sheets)
On 08.05.2023 complainant produced the following documents:-
- Xerox copy of letter issued by Shriram dated 27.07.2016.........(One sheet)
- Xerox copy of letter to request for reopen case dtd. 26.06.2016......(One sheet)
- Xerox copy of document issued by National Insurance Company Ltd. dtd.25.06.2015........(One sheet)
- Xerox copy of Money Receipt amounting to Rs.2,70,000/- dtd. 08.09.2012.........(One sheet)
- Xerox copy of Postal Receipt..................(Two sheets)
- Xerox copy of Money Receipt amounting to Rs.175/- dtd.07.09.2012.....(One sheet)
- Xerox copy of Insurance issued by National Insurance Company Ltd. Policy No.154302/31/12/6100004328........(One sheet)
- Xerox copy of schedule of premium issued by National Insurance Company Ltd..........(One sheet)
- Xerox copy of Vehicle particulars vide no.WB34N/0166.......(One sheet)
10)Xerox copy of Driving Licence dtd. 26.08.2015..........(One sheet)
11)Xerox copy of Claim amount payable schedule............(One sheet)
12)Xerox copy of Certificate of Insurance dtd. 08.11.2012.......(One sheet)
13) Xerox copy of Track consignment Report delivered on 28.07.2017......(One sheet)
Brief Notes of argument.
Complainant filed BNA. OP No.2 & 3 filed BNA.
(4)
Decision with Reasons
It is the allegation of the complainant that he purchased one Scorpio Saloon Car vide Registration No.WB34N/0166 from one Mohammad Kazrul Haque of Kolkata. On perusal of money receipt dated 08.09.2012, we find that previous owner of the aforesaid vehicle vide no.WB34N/0166 sold his vehicle in favour of the complainant with the value of Rs.2,70,000/-. On perusal of Insurance Policy of vehicle vide no.WB34N/0166, we find that said policy was valid for the period from 07.09.2012 to 06.09.2013. Said Insurance Policy stands in the name of Mohammad Kazrul Haque. On perusal of Registration Certificate took , we find that aforesaid vehicle vide no.WB34N/0166 has registered before registering authority South 24 Parganas and said vehicle has registered in the name of the complainant. On perusal of document dated 25.06.2015 issued by OP NO.1, we find that claim has closed as reminders were sent to complainant and he not yet complied the same and claim filed has closed on the ground that no response even after three reminders. On perusal of letter dated 26.06.2015, we find that complainant requested OP No.1 to reopen his case and he submitted original Insurance Policy, Original Money Receipt of Rs.2,70,000/- and other documents before the OP NO.1. On perusal of letter dated 27.06.2016, we find that OP NO.2 &3 asked the complainant to pay the entire dues within 7 days.
On perusal of certified copy of FIR, we find that complainant ledged one case before the A.C.J.M., Barrackpore which was sent to Bizpur P.S. u/s 156(3) of the CrPc and Bizpur P.S. after receipt of the same started Bizpur P.S. case no.367 dated 24.11.2012 u /s 328 /379/34 IPC. On perusal of the said case against two specific persons namely Pankaj Kumar Pramanick and Mintu Khan and against 4 others, we find that complainant alleged that his vehicle vide no.WB34N/0166 was hijacked at Halishar Railway Station Road on 06.11.2012 at about 9 p.m. He further stated that on 05.11.2012 at about 11:00 a.m. in the morning accused Pankaj Kumar Pramanick requested the complainant to give his car for the purpose of visiting the house of a girl at Halishar Station area for marriage purpose and on 06.11.2012 at about 3:30 p.m. complainant sent his car to the custody of the accused number one along with driver Mr. Sanjoy Biswas and thereafter, two females and one male entered into his car and told him to drive towards Halishar and requested him to lunch with them but after that they told to the driver Sanjoy Biswas that they would take lunch at Ulash Bar cum Restaurant. Thereafter, accused number 1 and their associates changed their plan and decided to take dinner after returning from Halishar. At 8:30 p.m. they reached Halishar Railway Station area and one of them told driver Sanjoy Biswas to keep the car locked outside the station and requested him to take Tea with them at down platform of Halishar Station. After couple of moment driver Sanjoy Biswas informed the complainant over phone that he was feeling bad reaction in his head
(5)
after drinking the tea. On that time complainant advised him to sit into his car and after that Sanjoy Biswas reached and entered into his car and became unconscious. At about 11:45 p.m. driver Sanjoy Biswas returned to the house of the complainant and informed him that one stroke was made on his back of head and thereafter threw him from his car and finally at about 10:50 p.m. he realised that he was lying in the bush near the road side of the Kalyani Expressway and after that he run into Kampa More and informed the matter to the RT Van of Bizpur P.S but P C party advised him to go Bizpur P.S. and thereafter, he went Bizpur P.S. and informed the entire matter but duty officer did not lodge any G.D. On 17.11.2012 complainant personally went to Bizpur P.S. and informed the matter but I.C. advised him that he is incapable of lodging any FIR or G.D. regarding the matter for his non-jurisdiction and advised him to inform the matter to I.C. Ranaghat P.S. Thereafter, complainant compelled to inform the matter to superior authority of police administration. We also find that I.C. Bizpur P.S. submitted final report. He filed FRT no.49/13 dated 19.06.2013.
From the aforesaid discussion, we find that relating to the aforesaid incident one complaint case was initiated before the A.C.J.M., Barrackpore vide MP no.1486 of 2012 which was sent to Bizpur P.S. and Bizpur P.S. started the case vide Bizpur case no.367 dated 24.11.2012. No counter evidence or counter document has been produced before this Commission against the said fact so we do not find any reason to disbelieve the aforesaid fact. So it is clear before us that the vehicle vide no.WB34N/0166 was stolen from the custody of the driver of the aforesaid vehicle. We also find that police could not unearth the actual truth nor they could recover the aforesaid vehicle. It is may be latches on the part of the police but complainant being the owner of the aforesaid vehicle cannot suffer any loss because said vehicle was covered by the Insurance Policy under OP NO.1. We also find from the document dated 26.06.2015 that complainant submitted his claim before the OP No.1 but OP NO.1 did not repudiate the same till the date.
We also find from the Insurance Policy of the aforesaid vehicle that said Insurance Policy was valid for the period from 07.09.2012 at 15:28 to midnight of 06.09.2013. Value of the vehicle has fixed to Rs.2,60,000/-.
As the aforesaid vehicle was recovered Insurance Policy, so complainant is entitled to get the value of the said car amounting to Rs.2,60,000/- but OP No.1 did not consider the same . Even they did not sent any reply to the complainant. Even they did not come forward before this Commission. They did not file W/V before this Commission. Accordingly, we could not get any chance to know as to why the OP NO.1 did not consider the prayer of the complainant. The reason best known to them, but complainant should not suffer.
(6)
Having regard to the aforesaid discussion we are of the firmed view that complainant is entitled to get the value of the aforesaid vehicle amounting to Rs.2,60,000/- (Rupees Two lakh sixty thousand) from the OP NO.1.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP NO.2 & 3 and allowed ex-parte against the OP NO.1 but without any order as to cost.
OP No.1 is directed to pay Rs.2,60,000/- (Rupees Two lakh Sixty thousand) in favour of the complainant within one month from this day failing which the complainant shall have liberty put the order into execution.
OP NO.1 is further is directed to pay the aforesaid amounting to Rs.2,60,000/- (Rupees Two lakh sixty thousand) in favour of the complainant within one month failing which aforesaid amount shall carry interest @ 9% per annum from this day to till the date of actual payment.
OP No.1 is further directed to pay compensation amounting to Rs.20,000/- (Rupees Twenty thousand) in favour of the complainant for his harassment, mental pain and agony.
Let a copy of this final order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
