In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No.45/2011 1) Shree Chanchal Basu, 2) Shree Buddhadeb Bose, both residing at 83/D, Sarat Ghosh Garden Road, Kolkata-31. ----------- Complainant ---Versus--- 1) The Chief Manager, Customer Relationship Management Department, National Insurance Co. Ltd. Pradip Building, 3, Middleton Street, Kolkata-71. 2) The Regional Manager (Strategic Aluance) CRO-1, National Insurance Co. Ltd. India Exchange Place, Kolkata-1. 3) The Sr. Div. Manager, National Insurance Co. Ltd., Div. Office VII, 9, Shakespeare Sarani, 4th Floor, Kolkata-71. ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Smt. Sharmi Basu ,Member Order No. 19 Dated 16/01/2013. Smt. S. Basu, Member. In a nutshell, the case of the complainant is that the brother of complainants Shyamal Kumar Basu since deceased, met with an accident with all his family members including his wife and son and the complainants being the next of kin have made application to the o.ps. claiming under policy no.3203348 accidental death policy of his deceased brother. Complainants have obtained succession certificate from the competent court of law for entitlement of the accidental death benefit accrued under the policy. Complainants have made series of correspondences for entitled of accidental death benefit under the policy in force, which was brushed aside on one pretext or the other. Further case of the complainant is that the entire family of Shyamal Kr. Basu died in a road accident and none of the family members survived in such a ghastly accident. The complainants being the next of kin have made the application claiming the IDV by virtue of succession obtained by the complainant. The o.p. insurance company has deputed surveyor to assess the loss after 2 years which was not done in presence of the complainants but has been assessed in an unilateral way and without the juncture of the complainants. The surveyor has assessed the value minus depreciation which came to a paltry amount of Rs.2,63,823/- in lieu of total loss Rs.3,39,323/-. Complainant objected and challenged the report of the surveyor which is biased prejudicial to the interest of the complainants. Such assessment is not sacrosanct which needs to be surveyed b y a second surveyor without fruitful result. Hence the case was filed by complainant with the prayer contained in the petition of complaint. O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular. From the record we find that the brother of the complainant met with an accident including his wife and son and all died in the said accident and complainant being next keen made application to o.ps. claiming under policy no.3203348, Accidental Death Policy of Shyamal Kumar Basu, since deceased and the complainant obtained succession certificate from the court of law in support of their claim and made several correspondence but the claim was brushed aside by the o.ps. Further we find that o.ps. deputed surveyor, who unilaterally assessed the value minus depreciation for Rs.2,63,823/- instead of Rs.3,39,323/-. It is also observed from the record that the complainant prayed for appointment of second surveyor but no fruitful result was brought forth. and o.ps. (insurer) repudiated the claim on 16.4.10. In viw of the findings above and on perusal of the record we hold that the repudiation is not justified and this act on the part of o.ps. amounts to deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest against the o.ps. with cost. O.ps. are jointly and/or severally directed to pay to the complainant Rs.3,39,323/- (Rupees three lakhs thirty nine thousand three hundred twenty three) only and further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
