Smt. Syeda Shahnur Ali, Member

The complainant is the registered owner of vehicle number WB 30H6625 which is registered with the Opposite party no1 on 13/10/2010/of Engine no. D13A1467464 and and chasis no. MA3FKEB1-S00602474.

The complainant took insurance policy against the said vehicle on and from 09/10/2015 to midnight 08/10/2016 vide Policy number 2015-V400 4925-FPV from Future Generalli India Insurance Co. Ltd.Op no2. The said vehicle met with an accident on 11/12/2015 at 11.30 pm at Rambag within the Jurisdiction of the Ld Forum.

The complainant informed the incident to the op no2 by phone on 12/12/15 in their toll free number .The damaged vehicle was repaired at Subhash Motors works at Chaitannyapur. Total cost incurred was RS 1,22,866/- but the OP registered the claim docket being no. CV5971137 but they repudiated the claim vide letter dated 29/12/2015. Hence the case.

The Op no1 did not appear in the instant case. Op no2 contested the case by filing WV and WNA. The op 2 denied the happening of the accident and repudiated the claim of the complainant on the ground of violation of Terms and Conditions of the insurance policy. The op stated that the complainant that the insured i.e the complainant had falsely declared that he had NO CLAIM in respect of his previous policy and obtained a NO CLAIM BONUS from the present insurer the OP no2 of 20 percent. As per terms and conditions of the policy any incorrect declaration and or false declaration all benefits under the policy in respect of section 1 shall stand forfeited as such the repudiated the claim.

Annexure –B filed by the Op no2 is the survey report of IRDA empanelled surveyor SRI SATRAJIT KHATUA. dated 28/12/2015 who assessed the  loss amounting to Rs 80,000/- The OP attached a photocopy of E-mail communication dated 16/12/2015 as Annexure –C showing that the complainant, had received claim from the previous Insurance company, but to our surprise from which mail server the email is obtained is not clear.

We do not find any wishper of any email communication or any claim for damage made by the complainant in the survey report i.e Annexure –B which is quite contradictory. The OP no2 has not come up with any evidence as to why after twelve (12) days, when the surveyor filed the report ,he did not find any story of claim in any previous Insurance. As such we hold on perusing all documents and submissions made by the Learned Advocates of the either parties, that the OP no2 failed in providing service to the complainant on time. As such the Complaint case is decided in favour of the complainant.

Hence,

ORDERED

The CC/107/2016 is allowed against the OP no 2 and dismissed against OP no 1.The op no 2 is directed to pay Rs 80,000/- as assessed by the surveyor of the OP no 2 and also pay Rs 10000/- as compensation and Rs 10,000/- as litigation cost to the complainant within 40 days of passing of this Order, in default OP no2 have to pay fine of Rs 100/-per diem till realization of the full amount.