West Bengal

Paschim Midnapore

CC/17/2016

Putul Maity - Complainant(s)

Versus

The General Manager of I.C.I.C.I. Lombard General Insurance Co.Ltd. - Opp.Party(s)

29 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member,

and

Sagarika Sarkar, Member.

Complaint Case No.17/2016

 

Putul Maity, W/o-Tarun Maity,

Vill & P.O.-Jhakra, P.S.-Chandrakona,

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

1. The General Manager, ICICI Lombard General Insurance Company Ltd., ICICI Lombard House, 414, Veersavarkar Marg, near Siddhi Vinayak  Temple Prabhadevi, Mumbai, Maharastra, Pin-400025
2. The Branch Manager, ICICI Lombard General Insurance Company Ltd., Inda, Kharagpur, P.S.-Kharagpur(T),

                                              District-Paschim Medinipur

                                                                                          ...……….….Opp. Parties.

                                                    

                For the Complainant  : Mr. Debasish Mukherjee, Advocate.

                For the O.P.                 : Mr. Pinaki Sengupta, Advocate.

 

                Decided on:29/11/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In short the case of the complainant is that the complainant is the owner of truck being no.WB-33C/0220, said vehicle was insured with O.P. no.1 and said policy was valid from 31/08/2013 to 30/08/2014 midnight. On 11/07/2014 the above noted vehicle met with an accident at Nagpur under P.S. Mouda, after the accident said vehicle was

                                                                                                                                                              Contd……………P/2

 

                                                                                                 ( 2 )                                                                                                    

towed from Nagpur and placed before Bhandari Automobiles Ltd. at Kharagpur for repairing of the same. Total repairing cost and towing charge of the damaged vehicle estimated Rs.11,58,000/- (Eleven lakhs fifty eight thousand) only and claim such amount from O.Ps. but O.Ps. did not pay the said amount. Complainant appears before this Forum for getting relief as prayed for.  

O.Ps. have contested the case by filing written objection denying the allegations of complainant, stating inter alia that the present complaint is not maintainable, after getting information in respect of accident O.Ps. have deputed spot surveyor, thereafter final surveyor  had survey the vehicle and assessed loss and submitted report to the O.Ps. and O.Ps. have already paid Rs.5,29,753/- to the concern repairing center as per surveyor report. This O.Ps. have no deficiency of service, the claim of the complainant will be rejected.                                                                                                          

                                              Points for decision

1. Is the complaint is maintainable ?
2. Are the opposite parties deficient in service ?
3. Is the complainant entitled to get any relief as prayed for ?    

                             Decision with reasons

All the points are taken together for the sake of convenience, brevity and consideration. Complainant to prove his case adduced evidence and tendered herself as P.W.-1 and produced some documents which are marked (exhibit 1 to 5) and she also cross examined by O.Ps. where complainant admitted that she has another truck apart from the damaged truck and denied the payment made by O.Ps. to the Bhandari Auto Mobiles. O.Ps. also adduced evidence by their legal manager who tendered herself as OPW-1 and produced some documents which are also marked (exhibit A to C), he is also cross-examined by complainant. We have travelled over the documents and it appears that after getting intimation O.Ps. have deputed surveyor for spot survey thereafter final surveyor inspected the damaged vehicle and assessed the actual loss as per norms of the policy and submitted his report to the O.Ps.

From the document (Exhibit-B) it appears that complainant was agreed to accept with due consent and satisfaction of Rs.5,29,753/- from O.Ps. for full and final settlement and stated where letter dated 10/04/2015 (Exhibit –B) that complainant will not claim any further pertaining to the said motor vehicle. Accordingly O.Ps. sent cheque of Rs.5,29,753/- to the Bhandari Automobiles Pvt. Ltd. on 08/05/2015 through NEFT which reveals in (Exhibit-C).

                                                                                                                                                             Contd……………P/3

 

                                                                                            ( 3 )

In view of the above facts we think that where it appears in (Exhibit-B) letter dated 10/04/2015 addressed to the O.P. complainant in writing agreed to accept the O.Ps. settled amount of Rs.5,29,753/- with full and final satisfaction and also declared that she will not claim further in respect of the said motor vehicle, then complainant has no right to claim further against O.Ps.

In view of the above discussions here in before we find that complainant has filed this false claim against the O.Ps., just to harass them. O.Ps. have no deficiency in service , on the other hand the complaint case has no leg to stand as such complainant is not entitled to get any order.

The complaint case fails.                                                                                                         

           Hence, it is,

                                                 Ordered,

                          that the complaint case be and the same is dismissed on contest against the O.Ps. without cost.

                       Let plain copy of this order be given to the parties free of cost.

           Dictated and Corrected by me

                        Sd/-P.K. Singha                           Sd/- S. Sarkar                       Sd/-B. Pramanik.

                             Member                                      Member                                 President

                                                                                                                         District Forum

                                                                                                                      Paschim Medinipur