In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 296 / 2011

1)                   Sm. Papiya Nandy,

6N, Satchasipara Road, Kolkata-700002.                                     ---------- Complainant

---Versus---

1)                   Claim Manager, H.D.F.C. E R G O General Insurance Co. Ltd.,

1, Ho Chi Min Sarani, Kolkata-700016, P.S. Pak Street.               ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.    15    Dated  07/11/2012.

            The case of the complainant in short is that complainant is that the vehicle no. WV/04D-8815 in the Route No.34B and 34B/1 was damaged by miscreants on 30.03.10. and matter was intimated to o.p. and o.p caused enquiries  and ordered necessary repairing by the complainant herself and accordingly complainant  undertook repairing at the cost of Rs.40,000/- and the matter was informed to o.p. with necessary documents with a claim but o.p. by letter dated 08.07.10. informed that the claim can not be entertained as the complainant herself is not the owner of the vehicle and thereafter, complainant produced N.O.C. from Managing Director, West Bengal Transport Infrastructure Development Corporation Ltd. and despite the same no response has been received by the complainant till the date of filing of the instant case. Hence, the case was filed by complainant with the prayer contained in the petition of complaint.

              Sole o.p. 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. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that non-repudiation of claim amounts to deficiency in service. And here, it is crystal clear from the record o.p. did not response even after filing no Objection Certificate from the Managing Director, West Bengal Transport Infrastructure Development Corporation Ltd. and this action on the part of the o.p. in our views is illegal and unjustified and this act on the part of o.p. 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 with cost of Rs.10, 000/- (Rupees ten thousand) only payable to complainant and is further directed to pay Rs.40,000/- (Rupees forty thousand) only towards repairing cost of the vehicle in question and compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.

            Supply certified copy of this order to the parties free of cost.