In the District Consumer Disputes Redressal Forum, Murshidabad, at Berhampore.
Case no. CC/27/2015
Date of filing: 19-02-2015 Date of final order :26-07-2017
Complainant – Sri Debnath Ghosh, s/o Sri Purna Chandra Ghosh, 22/9,
Ramkrishna Bhattacharjee Lane, PO + PS – Berhampore,
District – Murshidabad, West Bengal.
VS.
The Divisional Manager, The New India Assurance Company Ltd.,
Berhampore Divisional office, Berhampore, District – Murshidabad,
West Bengal.
Present : Sri Anupam Bhattacharyya, President
Sri Manas Kumar Mukherjee , Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member.
This case has been filed by the complainant, u/s 12 of Consumer Protection Act, 1986, praying for payment of an amount of Rs. 1,75,000/- only, by the OP, towards, accident claim, for his vehicle, bearing no. WB-02V-5231, which met with an accident, on 14-12-2012, at about 10.20 pm, when it collided with lorry bearing no. WB-57A-3618 and a compensation for the delay, made by the OP, in settling his claim. The vehicle has been duly insured with the OP.
The case of the complainant, in brief, is that, on 14-12-2012, at about 10.20 pm, a lorry bearing no. WB-57A-3618, which was allegedly driven in a fast pace, suddenly stopped, in the middle of the road and as a result of which, the car of the complainant, make – Tata Indigo Merna, bearing no. WB-02V-5231, which was coming from the rear side of the said lorry, met with an accident, resulting in huge injury and damage, to the car of the complainant. The car of the complainant, was duly insured with the OP. The entire incident was reported to the OP by the complainant, vide claim no. 51290031120190001111. It is further alleged by the complainant, that the OP did not take any steps, in settling the claim of the complainant, for which the OP was reminded, twice, on 6-8-2014 and 26-08-2014. The complainant, after discussing the issue, with the Surveyor, appointed by the OP, assessed the quantum of damage, to be Rs. 1,75,000/- only and prayed before this Forum, for passing an order upon the OP, for payment of an amount of Rs. 1,75,000/- to him, by the OP, alongwith a suitable compensation, for the alleged delay, made by the OP, in settling his claim.
The OP, through his WV, dated 05-04-2016, stated that the complainant has no right or locus standi, to file the present case, against the OP. According to the OP, the case has been lodged to harass the OP, the stories, had been fabricated by the complainant, which are allegedly untrue. Further, the case is bad for non joinder of parties. The case is barred by limitation. The amount, involved, as stated by the complainant, is false, frivolous and fabricated. There has been no negligence or deficiency in service, committed by the OP.
In item no. 13 of the WV, the OP has mentioned that till date, no claim had been submitted by the complainant, to the OP, only few letters were written by the complainant, meant for the OP. The OP, further mentioned in his WV, that, “the rest of the procedure, i.e., submission of claim form was not done and till date, this OP is in dark, about genuinity of the claim of the complainant”.
The complainant, again, through his Evidence in affidavit, under order 18 rule IV CPC, u/s 151 of CPC, stated almost the same fact, as contained in his plaint.
Upon pleadings of both the parties, the following points have been formed for disposal of the complaint.
Points to be considered
- Whether the complainant is entitled to get relief, as prayed for.
- What are the things, which might have happened in the case , for which the complainant, is still remaining, unsettled.
Decisions with reasons
It has been observed from the pleadings, of both the parties, WV of the OP and argument of the parties, that complainant has definitely informed the OP, atleast thrice, about the accident, ,met by his vehicle, which has been duly insured, with the OP, but the same, had not been submitted in the prescribed format / proforma. In the argument, held on 13-07-2013, the OP stated that the complainant has not submitted any claim form, in support of his claim and also prayed for passing of an order, directing the complainant to submit his claim, in proper format, for initiating, further action, in the matter.
The complainant also stated that being a layman, he might not have submitted his claim, in proper format and further stated that the OP should have guided the complainant, properly, to enable him to file the claim, properly, for quick disposal / settlement of the claim
Hence,
ORDERED
That the Consumer Complaint no. 27/2015, is hereby allowed, in part.
It is admitted that the accident has occurred, which was duly informed to the OP, with the request, for settlement of the claim.
It is also admitted that the vehicle, in question, which met with the accident, was insured with the OP.
It is also admitted, that the OP, appointed a Surveyor, to make a survey of the injury and damage, suffered by the vehicle.
Only some technical formalities, were supposed to be complied by the OP, for settlement of the claim. Non compliance of technicalities should not be a bar in entitlement of a genuine claim.
In view of the above, The OP is hereby, directed to handover, proper claim form, to the complainant, for resubmission of his claim, pertaining to the accident, met by his vehicle, within 7 (seven) days, from the date of receipt of this order, by the OP. The OP is also directed to extend, all possible help to the complainant for expeditious settlement of the claim. The OP is further directed to settle the claim of the complainant, within 30 (thirty) days from the date of resubmission of the claim, by the complainant, to the OP and the settlement to be made, by the OP, as per the report submitted by the surveyor, appointed by the OP.
Let a copy of this order be made available and supplied, free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and further necessary action.
